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£^ LAW  BOOKSELLERS b 

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STATIONERS 


269  MAIN  ST. 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

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CLERKS'  AND  CONVEYANCERS'  ASSISTANT. 


COLLECTION   OF  FORMS 


CONVEYANCING,  CONTRACTS, 


AND 


LEGAL  PROCEEDINGS. 


FOR  THE  USE  OP 


THE  LEGAL  PROFESSION,  BUSINESS   MEN,  AND  PUBLIC 
OFFICERS  IN  THE  UNITED  STATES. 


COPIOUS  INSTRUCTIONS,  EXPLANATIONS,  AND   AUTHORITIKS. 


BY 
BENJAMIN  YAUGHAN  ABBOTT 

AND  "< 

AUSTIN  ABBOTT 

FIFTH    EDITION. 

NEW  YORK: 
BAKER,  VOORHIS  &  CO.,  LAW  BOOKSELLERS  AND  PUBLISHERS, 

No.  66  NASSAU  STREET.  ^ 
1874. 


T 
»'?4 


Ente(«a  aocoraing  to  Act  ot  Congress,  in  tbe  year  one  Uioasand  eight  hnndred 

and  sixty-six, 

By  Bekjamix  Vaughak  Abbott  asd  Acstih  Abbott, 

In  the  Clerk's  Office  of  the  District  Court  of  the  United  States  fur  tne  Soulliern 
Di&txict  of  New  York. 


BAKER  &  GODWIN,   Print«>i 
Printing-House  Square,  N.Y. 


41. 
in 


PREFACE. 


The  object  pf  this  work  is  to  present  to  the  Legal  Profes- 
sion, Conveyancers,  Judicial  and  other  Public  Officers,  and 
Business  Men,  a  weU-selected  and  ample  collection  of  forms 
of  Agreement,  Conveyances,  Legal  proceedings  and  instru- 
ments other  than  those  peculiar  to  actions  and  criminal  pros- 
ecutions. 

It  is  the  third  volume  of  a  series  of  form-books,  of  which 
the  Forms  of  Practice  and  Pleading  in  Civil  Actions  compose 
the  first  two  volumes. 

For  the  materials  of  this  work,  we  are,  of  course,  to  a  de- 
gree indebted  to  the  labors  of  others  who  have  edited  some- 
what similar  collections  ;  but  we  have  preferred  to  rely  as 
far  as  possible  upon  actual  precedents,  such  as  the  resources 
afforded  in  the  course  of  a  considerable  practice,  and  in  the 
course  of  reporting  judicial  decisions  for  a  number  of  years, 
have  enabled  us  to  gather  for  the  purpose.  Such  precedents 
which  have  been  prepared  for  actual  use,  and  which  in  many 
cases  have  been  put  to  the  tests  of  actual  Htigation,  we  have 
regarded  as  most  valuable  for  the  purpose  of  a  work  Hke 
this. 

On  those  subjects  within  the  scope  of  the  work,  which  are 


^■.Cl^»^ 


«^o  / 


iv  ^       PREFACE. 

regulated  in  detail  bj  the  statutes  of  the  several  States,  we 
have  in  many  instances  presented  the  principles  adopted  in 
the  State  of  New  York  as  the  most  generic  exponent  of 
American  Law.  But  we  have  spared  no  pains  to  gather  and 
present  the  laws  of  all  the  States,  upon  those  subjects  in 
reference  to  which  the  practitioner  in  any  State  is  Hable  to 
be  called  on  to  draft  papers  or  determine  their  sufficiency, 
according  to  the  laws  of  other  States  than  his  own. 

Benjamin  Vaughan  Abbott. 
Austin  Abbott.  , 

•Nkw  Tobk,  April.  1866. 


CONTENTS 


CHAPTEE  I. 
ABANDONMENT. 

KO. 
it  FORK.      PAGE. 

Short  Form 1  2 

Abandonment  of  vessel  and  cargo,  with  assignment,  power  of  attor- 
ney and  covenant  for  further  assurance 2  2 

CHAPTER  II. 

ABSTEACTS  OF  TITLE. 

General  Form 3  5 


CHAPTER  ni. 

ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS. 

I.  Oaths  ajjd  apfirmations,  administeked  orall,y  to  wit- 
nesses   IN  TAKING  ACKNOWLEDGMENT  OK  PROOF. 

Oath  of  a  subscribing  witness,  taken  upon  the  Evangelists. .  4  20 

The  same,  taken  by  uplifting  the  hand 5  20 

Affirmation  of  subscribing  witness 6  20 

Oath  of  a  witness  to  identity  of  party  or  subscribing  witness, 

taken  on  the  Evangelists 7  20 

The  same,  taken  by  uplifting  the  hand 8  21 

Affirmation  of  witness  to  identity  of  party  or  subscribing 

witness 9  21 

IL  Certificates  op  acknowledgment  and  proof  for  the 
VARIOUS  States,  etc. 
Alabama. 

Acknowledgment 10        21 

Proof  by  subscribing  witness 11        21 

Arkansas. 

Acknowledgment  by  a  grantor  known  to  the  officer 12  22 

By  a  grantor  not  personally  known 13  22 

By  husband  and  wife,  of  a  joint  deed  of  the  wife's  land. ...  14  22 

By  the  same,  of  a  joint  deed  of  the  husband's  land 15  23 

Proof  by  subscribing  witness 16  28 

Proof  by  handwriting  of  grantor  and  subscribing  witnesses . .  17  23 

California. 

Acknowledgment  by  one  or  more  grantors  known  to  the  officer  18  24 

The  same,  where  wife  joins 19  25 

By  a  grantor  not  personally  known  to  the  officer 20  25 


VI  CONTENTS. 


or  roBic.    rAGC. 


Proof  by  sabscribing  witness  personally  known  to  the  officer    21        25 
By  one  not  personaUy  known 23        2(3 

Colorado. 

Acknowledgment 23        26 

The  same,  where-wife  joins 24        26 

CoivifECTicirr. 

Acknowledgment 25        26 

The  same,  of  a  deed  by  a  corporation 26        27 

Daootah. 

Acknowledgment 27        27 

The  same  by  hnsband  and  wife,  where  she  resides  in  the  Ter- 
ritory      28        27 

Authentication  of  acknowledgment  taken  without  the  State . .     29        28 

Delawake. 

Acknowledgment 30        28 

The  same,  of  a  deed  by  a  corporation 31        28 

District  of  Columbia. 

Acknowledgment 32        29 

The  same,  where  wife  joins 33        29 

Florida. 

Acknowledgment 34        30 

The  same,  by  husband  and  wife 35        30 

Acknowledgment  before  commissioner,  of  deed  executed  or 
acknowl^ged  without  the  State,  by  grantor  not  personally 

known 36        30 

Acknowledgment  before  judge  in  a  city  oy  county  where 

there  is  no  Florida  commissioner 37        31 

Certificate  of  clerk  to  be  annexed  to  the  foregoing 38        31 

Georgia. 

Acknowledgment 39        31 

The  same,  by  husband  and  wife 40        32 

Proof  by  subscribing  witness 41        32 

Acknowledgment  or  proof  taken  without  the  State  by  Geor- 
gia commissioner 42        32 

Idaho. 

[FoUow  forms  given  for  Nevada.] 

IlJXNOIS. 

Acknowledgment  within  the  State  by  a  grantor  personally 

known  to  the  officer 43        33 

The  same,  by  husband  and  wife,  where  wife  relinquishes 

dower 44        33 

Acknowledgment  within  the  State,  where  a  grantor  is  not 

personally  known 45        34 

Acknowledgment  without  the  State,  where  the  grantor  is 

personally  known ; 46        34 

The  same,  where  he  is  not  personally  known 47        35 

Acknowledgment  without  the  State,  by  husband  and  wife, 

where  wife  relinquishes  dower •   48        3o 

By  the  same,  of  a  conveyance  of  the  estate  of  the  wife 49        35 

Acknowledgment  without  the  State,  by  attorney  in  fact. ...     50        36 

Proof  without  the  State,  by  a  subscribing  witness 51        36 

The  same,  when  the  grantor  and  subscribing  witnesses  are 

dead  or  cannot  be  produced 52        36 

Certificate  of  clerk  to  acknowledgment  taken  according  to  the 

laws  of  another  State 53        37 

Ikdlvka. 

Acknowledgment  54        37 

Declaration  to  bar  dower  of  wife  under  age 55        37 


CONTENTS.  vii 


JfO. 
OP  FORM. 


10"WA. 

Acknowledgment  by  grantor  personally  known  to  the  officer  56  38 

By  sheriff 57  38 

Where  the  parties  are  not  personally  known 58  38 

Proof  by  ivitness,  where  the  grantor  is  dead  or  cannot  be 

procured,  or  refuses  to  acknowledge 59  39  _ 

Kansas. 

[Follow  forms  given  for  lowA.] 

Kentttcky. 

Acknowledgment  within  the  State 60        39 

The  same,  without  the  State 61        40 

Louisiana. 

Authentic  act  of  sale,  and  wife's  renunciation 62        40 

Acknowledgment  of  private  act 63        41 

Maine. 

Acknowledgment 64  42 

The  same,  by  attorney  in  fact 65  42 

The  same,  by  corporation 66  42 

MAEYIiAND. 

Acknowledgment  within  the  State 67  48 

The  same,  by  husband  and  wife 68  43 

Acknowledgment  taken  without  the  State 69  43 

Affidavit  to  be  affixed  to  mortgages  of  land  and  to  mortgages 

or  biUs  of  sale  of  personal  property 70  43 

Massachusetts. 

Acknowledgment  within  the  State 71  44 

The  same,  by  attorney  in  fact 72  44 

Acknowledgment  without  the  State 73  44 

Michigan. 

Acknowledgment  within  the  State ; 74  45 

The  same,  by  husband  and  wife 75  45 

Acknowledgment  without  the  State 76  45 

Acknowledgment  of  deed  by  a  corporation 77  46 

Minnesota. 

Acknowledgment 78        46 

Acknowledgment  where  a  resident  married  woman  joins  her 

husband  in  the  deed 79        46 

Proof  by  subscribing  witness 80        47 

Mississippi. 

Acknowledgment • 81  47 

The  same,  by  husband  and  wife 82  48 

Proof  by  subscribing  witness 83  48 

Authentication  of  acknowledgment  taken  by  a  judge  without 

the  State 84  48 

MlSSOUEI. 

Acknowledgment  by  grantor  personally  known  to  the  officer  85  49 

By  grantor  not  personally  known 86  49 

By  husband  and  wife,  to  extinguish  dower 87  49 

By  the  same,  to  convey  wife's  estate 88  50 

Acknowledgment  of  conveyance  by  jwwer  of  attorney 89  50 

Proof  by  witness,  where  grantor  is  dead,  or  cannot  be  pro- 
cured, or  refuses  to  acknowledge 90  50 

Nebraska. 

[Follow  forms  given  for  Iowa.] 

Nevada. 

[Follow  forms  given  for  California.] 


vdii  CONTENTS. 


New  Hampshire. 

Acknowledgment  within  the  State 91  51 

Without  the  State 93  51 

New  Jersey. 

Acknowledgment  within  the  State,  by  a  grantor  known  or 

identified 93  52 

The  same,  by  husband  and  wife 94  52 

Of  deed  by  a  corporation 95  52 

Of  deed  by  an  attorney 96  52 

Proof  by  subscribing  witness 97  53 

Proof  where  witness  is  dead  or  cannot  be  obtained  98  53 

Acknowledgment  without  the  State 99  53 

New  Mexico. 

Acknowledgment  by  a  grantor  personally  known  to  the  officer  100  54 

By  a  grantor  not  personally  known 101  54 

By  husband  and  wife 102  54 

New  York. 

Acknowledgment  within  the  State,  by  grantor  known  to  the 

officer 103  55 

By  one  of  several  grantors  known  to  the  officer 104  55 

By  two  or  more  grantors  known  to  the  officer 105  55 

By  grantor  not  known  to  the  officer 106  55 

By  two  grantors,  one  known  and  one  not  known 107  55 

By  five  grantors,  two  known  and  three  not  known 108  56 

By  husband  and  wife,  known  to  the  officer  109  56 

By  two  husbands  and  wives,  known  to  the  officer 110  56 

By  husband  and  wife,  not  known Ill  57 

By  husband  known  and  wife  not  known 112  57 

By  wife,  in  a  separate  certificate 113  57 

By  husband  and  wife,  resident  without  the  State 114  58 

By  attorney  in  fact,  known  to  the  officer 115  58 

By  the  same,  not  known 116  58 

By  sheriff,  referee  or  receiver 117  58 

By  deputy  or  under-sheriff. 118  59 

By  executor  or  trustee 119  59 

By  grantor,  after  attaining  majority,  to  confirm  deed  executed 

during  minority 120  69 

Proof  within  the  State,  by  subscribing  witness  known  to  the 

officer 121  59 

By  subscribing  witness,  not  known 122  60 

By  subscribing  witness  as  to  husband,  and  acknowledgment 

as  to  wife,  both  known  to  officer 123  60 

The  same,  where  neither  are  known 124  61 

By  subscribing  witness  known  to  officer,  where  grantors  are 

husband  and  wife  residing  without  the  State 125  61 

The  same,  where  witness  is  not  known 126  61 

By  subscribing  witness,  known  to  the  officer,  deed  being  ex- 
ecuted by  attorney 127  62 

Proof  of  deed  of  a  corporation,  signed  by  the  president,  known 

to  the  officer 128  62 

The  same  of  a  deed  signed  by  the  president  and  cashier  or 

secretary,  and  proved  by  the  latter 129  62 

Of  a  deed  by  a  religious  corporation 130  63 

The  same  of  a  deed  signed  bv  the  rector  and  proved  by  the 

clerk.... '. 131  63 

Proof  of  deed  by  municipal  corporatioh 132  63 

Petition  for  a  subpoena  to  compel  a  subscribing  witness  to 

prove  the  execution  of  a  conveyance 133  64 

Verification  thereof 134  64 

Subpoena 135  64 


CONTENTS.  IX 

NO. 

OF  FORM.  PAOr 

AflSdavit  of  service  thereof 136  65 

Warrant  to  attach  witness  not  appearing 137  65 

Commitment  of  witness  refusing  to  testify 138  65 

Proof  by  handwriting  where  the  subscribing  witnesses  are 

dead 139  65 

Acknowledgment  or  proof  without  the  State 140  66 

Autlientication  by  county  clerk,  to  be  annexed  to  a  certificate 
of  acknowledgment  or  proof,  taken  according  to  the  laws 

of  this  State,  to  be  used  in  another  State 141  67 

North  Cakolina. 

Acknowledgment  within  the  State 143  67 

The  same,  by  husband  and  wife 143  6V 

Proof  by  subscribing  witness 144  68 

Acknowledgment  or  proof  without  the  State,  before  a  judge 

of  another  State 145  68 

Authentication  thereof 146  68 

Acknowledgment  of  proof  without  the  State,  before  a  com- 
missioner   147  68 

Ohio. 

Acknowledgment  within  the  State 148  69 

The  same,  by  husband  and  wife 149  69 

Acknowledgment  without  the  State,  by  a  single  person 150  69 

The  same,  by  husband  and  wife 151  70 

The  same,  by  an  attorney  in  fact 153  70. 

Oregon. 

Acknowledgment  by  grantor  known  to  the  officer 153  70 

The  same,  by  grantor  not  known 154  71 

By  husband  and  wife,  resident  and  known 155  71 

Proof  by  subscribing  witness  known  to  the  officer. 156  71 

By  subscribing  witness,  not  known .  157  71 

Pennsylvania. 

Acknowledgment  within  or  without  the  State 158  73 

The  same,  by  husband  and  wife 159  72 

By  an  attorney  in  fact 160  73 

The  same,  in  behalf  of  a  corporation 161  73 

Acknowledgment  of  certificate,  by  special  partners 163  73 

Rhode  Island. 

Acknowledgment  within  the  State ! 163  73 

The  same,  by  husband  and  wife 164  74 

Acknowledgment  of  a  separate  release  of  dower 165  74 

Acknowledgment  without  the  State 166  74 

South  Carolina. 

Proof  by  subscribing  witness 167  74 

Acknowledgment  of  release  of  dower 168  75 

Acknowledgment  of  renunciation  of  inheritance 169  75 

Acknowledgment  without  the  State 170  76 

Tennessee. 

Acknowledgment 171  76 

The  same,  by  husband  and  wife 173  76 

Proof  by  witnesses 173  76 

Texas. 

Acknowledgment 174  77 

Acknowledgment  by  wife,  of  deed  Ijy  her  husband  and  her- 
self, of  her  separate  property 175  77 

Proof  by  subscribing  witness 176  77 

Vermont. 

Acknowledgment 177  78 

Acknowledgment  by  agent  of  corporation 178  78 


CONTENTS. 


KO. 

Virginia.  orronM  tag?. 

Acknowledgment 179        78 

Acknowledgment  by  married  woman 180        79 

Washington  Tekritory. 

Acknowledgment 181        79 

Acknowledgment  by  husband  and  wife 183        79 

West  Virginia.  ^ 

[Follow  forms  given  for  Virginia,  except  that  one  justice 
may  take  an  acknowledgment.] 

Wisconsin. 

Acknowledgment  by  a  grantor  known  to  the  officer 183        80 

By  a  grantor  not  known  to  the  officer 184        80 

CHAPTEE  IV. 

AFFIDAVITS. 

Common  form 18S        81 

Affidavit  to  copies  of  papers 18G        81 

Affidavit  to  be  used  abroad 187     '   81 

CHAPTEE  V. 

APPOINTMENTS. 

I.  Appointments  to  perform  duties,  etc. 

Apxwintment  of  a  guardian,  by  a  minor 188        82 

The  same,  by  a  father 189        83. 

The  same,  made  by  will 190        83 

II.  Appointments  in  execution  op  powers. 

By  wife,  of  real  property,  by  a  grant  to  take  effect  on  her 

death 191         84 

The  same,  by  will 193        84 

Consent  tp  be  indorsed  on  the  foregoing 193        85 

By  a  wife,  for  the  sale  of  stocks,  under  a  power  reserved  to 

her  in  a  marriage  settlement 194        85 

Reservation  of  a  power  to  revoke  and  appoint  anew,  which 
may  be  inserted  in'iin  appointment 195        86 

CHAPTEE  VI. 

APPRENTICES. 

I.  The  contract  of  apprenticeship. 

Indenture  with  consent  of  father 196  88 

Indenture  with  consent  of  mother 197  89 

Consent  of  father  or  mother 198  89 

Justice's  certificate,  where  the  consent  is  by  the  mother  ....  199  89 

Indenture  with  consent  of  guardian 200  89 

Consent  of  guardian,  where  parent's  consent  is  not  given .. .  201  90 

Indenture,  with  consent  of  magistrates 203  90 

Consent  of  magistrates,  where  parent's  or  guardian's  consent 

is  not  given 203  90 

Agreement  by  the  father,  to  answer  for  the  fidelity  of  the 

apprentice  :  to  be  indorsed  on  the  indenture 204  90 

n.  Proceedings  upon  a  violation. 

Complaint  against  apprentice  for  refusing  to  serve 205        91 

Verification  of  the  same 206        91 


CONTENTS.  XI 


NO. 
OP  rOKM.      PAGB 


Warrant  on  the  foregoing  complaint 207  91 

Comtaitment  of  apprentice  refusing  to  serve 208  91 

Master's  complaint  touching  misdemeanor  or  ill-behavior  of 

apprentice 209  92 

Warrant  on  the  foregoing  complaint 210  92 

Commitment  of  apprentice  for  misdemeanor  or  iU,-behavior. .  211  92 
Discharge  of  apprentice  from  service,  and  of  the  master  from 

his  obligations 212  92 

Complaint  by  apprentice 213  93 

Summons  on  the  foregoing  complaint 214  93 

Discharge  of  the  apprentice  on  the  foregoing  complaint 215  93 


CHAPTER  YH. 

AEBITEATION  AND  AWARD. 

I  At  common  law. 

General  form  of  agreement  of  submission 216  96 

The  same,  with  agreement  for  an  umpire 217  97 

Short  form  of  submission 218  98 

Special  submission  ;  controversy  between  several  persons  on 

each  side 219  98 

Special  submission,  of  controversy  as  to  wages 220  98 

The  same,  of  controversy  as  to  an  account 221  98 

The  same,  of  controversy  as  to  breach  of  warranty 223  99 

The  same,  concerning  the  settlement  of  partnership  affairs  .  223  99 

The  same,  of  controversy  as  to  annuity  in  lieu  of  dower  ....  224  99 

The  same,  concerning  land  and  trespasses 225  99 

The  same,  concerning  boundaries 226  100 

Arbitration  bond 227  100 

The  same,  where  appointment  of  an  umpire  is  contemplated.  228  100 
Agreement  of  submission  or  bond,  where  the  arbitrators  are 

to  be  sworn 229  101 

Submission  without  discontinuing  a  pending  suit 230  101 

Notice  to  the  arbitrators  of  their  appointment 231  101 

Notice  of  hearing  for  adverse  party • 232  101 

Oath  of  witnesses 233  102 

Agreement  to  extend  the  time  for  making  award 234  102 

Revocation  of  arbitrator's  powers 235  102 

Notice  of  revocation  to  adverse  party 236  102 

Appointment  of  umpire  after  disagreement  of  arbitrators. . .  237  102 

The  same,  before  the  hearing 238  103 

Award  by  one  or  more  arbitrators 239  103 

Award  by  umpire 240  103 

Awards ; — for  payment  of  money  in  full 241  104 

"         for  damages  for  breach  of  warranty 242  104 

"         for  delivery  of  goods 243  104 

"         for  delivery  of  writings 244  104 

"         for  delivery  up  of  writings  to  be  cancelled 245  105 

"         for  giving  a  bond  for  payment  of  money 240  105 

"         for  assignment  of  a  mortgage 247  105 

"         for  specific  performance  of  agreement  to  assign  a 

lease 248  105 

"         for  specific  performance   of   contract   to   convey 

land , 249  ]0.> 

Provision  for  the  discontinuance  of  all  suits 250  1 05 

"         for  the  same,  with  costs 251  106 

"         for  general  releases 252  1 08 

"         for  costs  of  the  arbitration 263  106 


XU  CONTENTS. 


NO. 

11.  Arbitration  totder  the  statute.                                      o^  ^osm-  pao^ 

Submission 254  106 

Oath  of  arbitrators 25n  lOT 

Oath  of  applicant  for  subpoena 256  107 

Subpoena  to  appear  before  arbitrators 257  107 

Affidavit  to  tlie  submission  by  the  subscribing  witness 258  107 

Affidavit  to  the  award  by  the  subscribing  witness 259  1 08 

The  same,  by  the  arbitrators 260  108 

Proof  of  service  of  award 261  108 

Notice  of  application  for  judgment 262  109 

Order  confirming  award 263  109 

Judgment  on  award 264  109 

CHAPTER  Vin.    * 

AKREAES  OF  PAY  AND  BOUNTY. 

Invalid's  application  for  arrears  of  pay  and  bounty 265  111 

Widow's  application  for  the  same 266  111 

Children's  application 267  112 

Father's  axjplication 268  113 

Mother's  application • 269  113 

Brothers'  and  sisters'  application 270  114 

CHAPTER  IX. 

ASSIGNMENTS. 

Short  form  of  assignment,  suitable  to  be  indorsed  on  a  written 

instrument 271  116 

The  same  ;  with  a  power  to  sue 272  116 

Assignment  of  a  demand,  as  collateral  security  for  a  note 273  117 

Assignment  of  a  demand,  as  collateral  security  for  an  indorsement.  274  117 

Assignment  of  an  account 275  117 

Assignment  of  a  bail-bond 276  118 

Assignment  of  a  bond,  ^vlth  covenant  of  amount  due,  and  power 

to  sue 277  118 

Another  form,  with  covenants,  guaranty,  and  power  to  sue 278  118 

Assignment  of  chattels,  by  reference  to  former  bill  of  sale 279  119 

Assignment  of  a  book  to  be  copyrighted 280  120 

Assignment  of  a  copyright 281  120 

Assignment  of  a  contract  for  the  sale  of  real  property 282  120 

The  same  ;  adapted  to  a  special  case 283  121 

Consent  to  the  preceding  assignment 284  121 

Assignment  of  a  debt 285  122 

Assignment  of  ground-rent 286  132 

Assignment  of  indenture  of  apprenticeship 287  123 

Approval  of  the  preceding  assignment 288  123 

Assignment  of  a  j  udgment 289  123 

The  same  ;  another  form 290  124 

The  same ;  to  be  indorsed  on  transcript 291  124 

Assignment  of  a  lease 292  125 

Assignment  of  a  mortgage 293  125 

Assignment  of  a  mortgage  with  the  bond  or  note 294  126 

Assignment  of  partnership  property,  by  one  partner  to  another,  to 

close  the  concern 295  126 

Assignment  of  entire  interest  in  a  patentable  invention 296  128 

Assignment  of  part  interest 297  128 

Assignment  of  letters  patent 298  129 

Assignment  of  policy  of  insurance 299  129 


CONTENTS.  xm 


NO. 
or  FOKM.        PAGK 


Approval,  to  be  indorsed  on  the  preceding  assignment. 300  130 

Assignment  of  recipe  for  making  a  medicine 801  1!jO 

Assignment  by  a  sheriflF  to  his  successor  in  office 302  130 

Assignment  of  shares  in  corporate  stock 303  1-:^1 

Assignment  of  wages  due 304  131 

Assignment  of  miscellaneous  property  described  in  a  schedule. .. .  305  132 

Assignment  by  a  corporation 306  132 

CHAPTEE  X. 

ASSIGNMENTS  IN  TRUST  FOR   CREDITORS. 

Assignment  by  an  individual,  without  preferences 307  137 

The  same ;  another  form» 308  139 

Acceptance  by  assignee 309  139 

Assignment  by  copartners,  with  preferences 310  139 

The  same ;  another  form 311  140 

Inventory  (required  by  the  New  York  statute  of  1860) 313  142 

Petition  for  an  accounting  by  assignee  (under  same  statute) 313  143 

Bond  of  assignee  (under  same  statute) 314  144 

Approval  of  county  judge,  to  be  indorsed  on  the  preceding  statute.  315  144 

Summons  to  an  assignee  (under  same  statute) 316  145 

CHAPTEE    XI. 

AUCTIONS.  ' 

Bond  of  auctioneer 317  145 

Acknowledgment  and  approval 318  146 

Certificate  to  be  indorsed  on  copy  for  county  clerk 319  146 

Notice  by  magistrate  to  comptroller 320  146 

Oath  of  copartner  or  clerk 331  147 

Oath  of  auctioneer  to  semi-annual  account 333  147 

Oath  of  partner  or  clerk  to  account  containing  any  sales  made  by 

him 333  147 

Terms  of  sale  of  real  property 334  148 

Memorandum  of  sale 335  148 

CHAPTEE  XII. 

BANKS. 

Affidavit  to  statement  of  unclaimed  dividends  or  deposits 336  149 

CHAPTEE  XIII. 

BASTARDY. 

Application  of  a  superintendent,  or  overseer,  of  the  poor 387  150 

The  same  ;  when  the  application  is  before  the  birth 338  150 

Affidavit  of  the  mother,  on  her  examination  before  the  magistrate  329  151 

The  same  ;  when  the  examination  is  taken  before  the  birth 330  151 

Warrant  to  apprehend  reputed  father 331  151 

Indorsement  on  a  warrant  to  be  executed  out  of  the  county 333  151 

Indorsement  of  justice  in  another  county 333  151 

Bond  of  reputed  father,  on  arrest  in  another  county,  to  indemnify 

the  county,  etc 334  153 

Tlie  same  ;  conditioned  to  appear 335  153 

Certificate  of  discharge,  on  executing  either  foregoing  bond. .....  336  153 

Bond  to  obtain  adjournment  of  the  hearing  before  the  magistrate  337  153 


xiv  CONTENTS. 


OF   FOKK.  PAGC 

Subpoena 338  154 

^\'a^^ant  to  bring  up  the  mother  to  testify 339  154 

Order  of  filiation 340  154 

Bond  for  support  of  child  and  mother,  under  order  of  filiation. ...  341  155 

Bond  to  appear,  to  be  given  instead  of  the  foregoing 342  156 

Warrant  to  commit  reputed  father 343  156 

Order  of  filiation  made  in  the  absence  of  the  reputed  father,  he 

having  been  arrested  in  another  county 344  157 

Warrant  to  commit  a  mother  refusing  to  disclose  the  father's  name  345  157 

Summons  to  mother  having  property  in  her  own  riglit 346  158 

Order  thereon 347  158 

Notice  of  appeal  from  order  of  filiation 348  158 

CHAPTER  XIV.    • 

BILLS   Of  EXCHANGE. 

BiU  of  exchange 349  159 

Set  of  bUls 350  160 

Indorsements 351-4  160 

CHAPTER  XV. 

BILLS  OF  LADING. 

General  form 355  161 

CHAPTER  XVI. 

BILLS   OF  SALE. 

BUI  of  sale  describing  the  chattels 356  163 

Bill  of  sale  of  a  horee,  with  warranty 357  163 

Bill  of  sale,  referring  to  a  schedule  annexed,  for  an  enumeration  of 

the  goods 358  164 

Schedule  annexed  to  the  foregoing  biU  of  sale 359  1(54 

Bill  of  sale  where  a  schedule  is  to  be  subsequently  made 300  164 

Declaration  of  symbolical  delivery  which  may  be  inserted 301  165 

Another  form ;  by  indorsement  on  the  bill  of  sale 362  165 

BUI  of  sale  in  consideration  of  the  assignee's  agreeing  to  maintain 

the  assignor  for  life 363  165 

Bill  of  sale  of  a  registered  vessel  of  the  United  States 364  166 

Acknowledgment  of  the  foregoing  bill  of  sale 365  167 

BiU  of  sale  of  an  enrolled  vessel  of  the  United  States 366  167 

BUI  of  sale  of  a  vessel  not  registered  or  enroUed 367  168 

Bill  of  sale  of  stocks  already  pledged  to  another  person 368  169 

CHAPTER  XVII. 

BONDS. 

I.  Bonds  conditioned  for  the  payment  of  money  oNXiY. 

Short  form  of  bond  for  payment  of  money,  with  or  without 

penalty 369  173 

Common  form  of  bond  for  payment  of  money 370  173 

The  same ;  with  interest  periodically  meanwhile 371  173 

The  same    for  payment  in  equal  annual  instalments,  with 

interest  ^nnuaUy  on  what  remains  unpaid 372  174 

The  same  ;  for  payment  in  unequal  instalments,  with  interest  373  174 
The  same ;  for  payment  in  instalments,  with  interest  on  each 

instalment  as  it  falls  due 374  174 


CONTENTS.  XV 


or   FORM.  PAGE 

The  same  ;  for  payment  after  deatli  of  third  person 375  174 

Bond  with  interest  clause — usual  where  mortgage  is  given .  376  175 

The  same  ;  with  insurance  clause 377  175 

Bond  by  several  obligors 378  176 

Signature  by  an  obligor  who  will  not  be  bound  unless  others 

sign 379  177 

Bond  by  several  persons,  bound  severally,  lor  several  amounts  38Q  177 

Bond  by  one  obligor  to  several  obligees 381  177 

Bond  to  executors  or  administrators 382  178 

Bond  to  an  unincorporated  society 383  178 

Bond  to  a  corporation 384  178 

Bond  by  a  corporation 385  179 

Negotiable  bond  of  corporation 386  179 

The  same  ;  secured  by  mortgage 387  180 

Form  of  coujxjns  or  interest  warrants  annexed  to  negotiable 

bond 388  .181 

Bond  with  warrant  of  attorney  to  confess  judgment 389  181 

Short  form  of  the  same 390  182. 

Collateral  bond  for  the  payment  of  money  already  secured 

by  mortgage  only 391  183 

Collateral  bond  by  surety,  for  payment  of  money  already 

secured  by  bond  and  mortgage 392  183 

Bond  for  payment  of  an  annual  sum  to  two  persons  and  the 

survivor  for  life 393  183 

Bond  for  the  payment  of  an  annuity  for  a  term  of  years . . .  394  184 
Bond  for  payment  of  money  upon  expiration  of  apprentice- 
ship, or  upon  marriage 395  184 

Bond  or  bill  for  an  unliquidated  sum " 396  185 

Bond  by  debtors  to  pay  according  to  a  composition  deed. ...  397  185 

II.  Bottomry  and  respokdentia  bonds. 

Bottomry  bond 398  186 

Bottomry  bond  by  a  part  owner,  signing  as  attorney  for 

other  owner 399  187 

Respondentia  bond 400  188 

III.  Bonds  for  the  performance  or  non-performance  of 

VARIOUS  acts. 

Bond  for  the  performance  of  covenants 401  189 

Bond  that  a  warranty  shall  be  kept 402  189 

Bond  for  repayment  of  purchase-money,  on   a  breach  of 

warranty 403  190 

Bond  for  a  deed,  by  vendor  to  purchaser 404  190 

Bond  with  surety,  to  execute  a  conveyance 405  191 

Bond  to  give  a  quitclaim 406  192 

Bond  that  a  third  person  shall  convey  on  coming  of  age. . .  407  192 

Condition  for  quiet  possession  meantime 408  193 

Bond  to  execute  an  assignment 409  193 

Bond  to  pay  oflf  and  cancel  a  mortgage *. 410  193 

"  Bond  by  vendor,  to  deliver  lost  title  deeds  when  found,  and 

to  indemnify  against  encumbrances 411  194 

Bond  by  part  owners  of  a  ship,  on  selling  the  same,  to  pro- 
cure bill  of  sale  from  the  other  part  owner 412  194 

Bond  of  tenant,  with  surety,  for  the  payment  of  rent 413  195 

Bond  of  tenant,  with  surety,  for  the  surrender  of  premises 

in  good  condition,  etc 414  196 

Bond,  with  surety,  to  deliver  to  sheriff  goods  levied  on,  and 

left  in  defendant's  possession 415  196 

Bond  to  executors,  etc.,  to  refund  legacy  if  assets  prove  in- 
sufficient    416  197 

Bond  to  executors,  etc.,  on  payment  of  a  legacy  to  a  minor.  417  198 

Bond  to  maintain  two  persons  for  life 418  198 


xvi  CONTENTS. 


OF  FORM.  PARK 

Bond  to  marry,  or  to  pay  a  Bum  of  money 419  199 

Bond  to  contribute  to  tlie  support  of  an  illegitimate  chUd. .  420  199 

Bond  to  serve  in  consideration  of  the  payment  of  a  debt. . .  421  199 

Bond  by  a  father  for  service  of  apprentice 422  200 

Bond,  for  clothing,  and  in  sickness  maintaining  an  appren- 
tice, and  for  his  fidelity 423  200 

Bond  of  master,  to  discharge  an  apprentice  before  the  ex- 
piration of  his  terra 424  201 

Bond  to  indemnify  a  master  for  discharging  an  apprentice. .  425  202 

Bond  by  one  empowered  to  collect  debts  for  executors,  etc. .  426  202 

Bond  for  the  return  of  goods  to  be  sold,  or  their  value 427  203 

Bond  for  the  fidelity  of  a  clerk 428  203 

Bond  for  the  fidelity  of  the  treasurer  of  an  unincorporated 

association 429  204 

Bond  for  the  fidelity  of  the  cashier  or  teller  of  a  bank 430  204 

IV.  Bonds  op  indemnity. 

Bond,  with  surety,  to  indemnify  the  sheriff  oi\  levying  an 

execution 431  205 

Bond,  with  surety,  to  indemnify  maker  of  note,  or  acceptor 

of  bUl,  for  accommodation,  from  loss  thereby 432  206 

Bond  to  indemnify  partners  having  indorsed  for  accommoda- 
tion, against  liability  thereby 433      ■  206 

Bond  by  a  person  carrying  on  business  in  the  name  of 

another,  to  indemnify  the  latter  from  loss  or  damage  ....  434  207 
Bond  to  indemnify  tenant  on  paying  rent  when  title  is  in 

dispute 435  208 

The  same,  another  form ;  requiring  recovery  against  the 

tenant 436  208 

Bond  to  indemnify  against  claim  of  dower 437  209 

Bond  to  indemnify  on  paying  a  lost  note  or  bill 438  209 

Bond  to  indemnify  on  paying  a  lost  bond 439  210 

Bond  to  indemnify  a  surety  in  a  bond  for  payment  of  money.  440  210 

The  same;  to  a  surety  in  a  bond  for  performance  of  covenants.  441  211 

Bond  to  indemnify  a  receiptor  to  the  sheriff 442  211 

V.  Official  bonds. 

General  form 443  212 

Bond  of  sheriff. 444  212 

AflBdavit  of  the  sufficiency  of  sureties,  to  be  indorsed  on  the 

foregoing  bond 445  213 

Clerk's  certificate  of  approval  of  sureties 446  213 

CHAPTEE  XVni. 

BOUNTY  LANDS. 

Application  for  bounty  land  by  one  who  has  never  applied  before.  447  215 

Oath  to  identity 448  216 

Magistrate's  certificate 449  216 

Certificate  of  official  character  and  signature 450  217 

Application  for  a  second  warrant 451  217 

Application  by  the  widow  of  a  deceased  person  who  has  not  had  a 

warrant 452  217 

Application  by  widow  for  a  second  warrant 453  218 

CHAPTEE  XIX. 

CERTIFICATES. 

Certificate  to  copy  of  paper  on  file 454  319 

Certificate  to  copy  of  record 455  21 9 

Certificate  of  official  character 456  219 


CONTENTS.  xvu 

CHAPTER  XX. 

CHAETER  PARTIES. 


Cliarter  party  reserving  possession  to  the  owner  . 
Charter  party  giving  passession  to  the  hirer . . . . , 


OF  FORM. 

PAGE 

.  457 

221 

,  458 

223 

CHAPTER   XXI. 

CHATTEL  MORTGAGES. 

Short  form  ;  without  warranty,  stipulations  as  to  right  of  possession, 

or  sale,  or  personal  liability 459  227 

The  same  ;  bat  with  personal  liability,  and  stipulation  for  sale. . .  460  228 
Chattel  mortgage  to  secure  a  present  indebtedness  payable  on 
demand,  or  at  a  specified  day,  with  reservation  of  right  of  pos- 
session, except  in  case  of  danger,  and  stipulation  for  sale 461  228 

Chattel  mortgage,  with  warranty  of  title,  covenant  to  pay  the  debt, 
and  reservation  of  right  of   possession   untU.  the  mortgagee 

demands  it 463  229 

Schedule  annexed  to  the  foregoing 463  230 

Chattel  mortgage  for  a  sum  of  money  at   a  future  day,  with 

interest  periodically  meanwhile 464  230 

The  same  :  for  payment  in  equal  annual  instalments,  with  interest 

annually  on  what  remains  unpaid 465  231 

The  same ;  for  payment  in  unequal  instalments,  Avith  interest. . . .  466  231 
Tlie  same  ;  for  payment  in  instalments,  with  interest  on  each  in- 
stalment as  it  falls  due 467  231 

Chattel  mortgage  to  secure  a  note 468  231 

Chattel  mortgage  to  secure  an  indorser 469  232 

Chattel  mortgage  to  secure  payment  of  numerous  notes,  and  in- 
demnity against  certain  debts  of  the  mortgagee  assumed  by  the 

mortgagor 470  232 

Chattel  mortgage  to  secure  a  surety  in  a  lease 471  233 

Chattel  mortgage  to  secure  future  advances 472  234 

Chattel  mortgage,  by  a  corporation  to  trustees,  in  trust  for  its 

bondholders 473  234 

Condition,  in  a  mortgage  of  stock,  that  the  mortgagee  shall  not 

sell  until  default 474  236 

Unqualified  reservation  of  right  of  possession  until  default 475  236 

Stipulation  requiring  a  sale  to  be  made 476  237 

Stipulation  regulating  the  mode  of  sale 477  237 

Mortgage  of  a  vessel _. 478  237 

Acknowledgment  of  a  chattel  mortgage 479  238 

Annual  statement  of  amount  claimed ". 480  238 

The  same ;  where  the  mortgage  is  claimed  as  security  for  con- 
tingent or  unliquidated  demands 481  288 

Notice  of  sale  under  mortgage 482  230 

Terms  of  sale 483  239 

Purchaser's  memorandum 484  240 

Notice  of  adverse  claim,  read  at  the  sale  to  warn  purchasers 485  240 

CHAPTER  XXII. 

CLERKS  AND   CRIERS. 

Proclamation  on  opening  court 486        243 

Proclamation  for  sheriff  to  return  process 487        243 

Proclamation  for  magistrates,  etc.,  to  return  recognizances,  etc, . . .  488        243 


XVIU  CONTENTS. 

KO. 

OK  roRJf.  PAO« 

Proclamation  before  calling  grand-juiy 489  242 

Oath  of  the  foreman  of  the  grand-jury 490  243 

Oath  of  grand-jurors 491  243 

Proclamation  for  silence  on  charging  grand-jury 492  248 

Proclamation  calling  constables 493  243 

Proclamation  before  calling  petit-jury 494  242 

Proclamation  for  imposing  fines 495  24? 

Proclamation  for  j^ersons  to  appear  on  recognizances 49(5  243 

Proclamation  for  i>ersons  bound  to  answer 497  243 

Proclamation  for  bail  to  produce  principal 498  243 

Proclamation  for  discharge  of  persons  against  whom  no  bills  are 

found 499  244 

Proclamation  for  discharge 500  244 

Proclamation  for  arraignment  of  prisoners 501  244 

Arraignment  of  person  indicted '. 502  244 

Proclamation  for  petit-jury  on  the  same 503  244 

Address  of  clerk  to  the  i)risoner,  before  calling  the  jury 504  244 

Oath  of  juror  on  a  trial  for  felony 505  244 

Oath  of  trier  on  a  challenge  to  the  favor 506  245 

Oath  of  a  witness  before  the  triers 507  245 

Finding  of  the  triers 508  245 

Proclamation  requiring  a  witness  under  recognizance,  to  appear 

and  testify 509  245 

Oath  of  a  witness  on  a  trial  for  felony 510  245 

Proclamation  before  sentence  pronounced 511  245 

Proclamation  before  calling  jury  on  a  trial  for  misdemeanor 512  245 

Oath  of  juror  on  a  trial  for  misdemeanor 513  245 

Oath  of  a  witness  on  a  trial  for  misdemeanor 514  245 

Oath  of  a  witness  on  the  trial  of  a  justice,  on  charges 515  24G 

Address  of  the  clerk  on  taking  a  recognizance  to  appear 516  246 

The  same ;  on  recognizance  to  keep  the  peace,  or  for  good  behavior.  517  246 

Taking  verdict  on  a  trial  for  felony 518  246 

Polling  jury  in  the  same 519  246 

Taking  verdict  in  other  criminal  cases 520  247 

Polling  jury  in  the  same 521  247 

Proclamation  for  jury  in  a  civil  cause 522  247 

Oath  of  jurors  in  a  ci\"il  cause 523  247 

Oath  of  triers  in  a  civil  cause,  upon  a  challenge  for  favor 524  247 

Oath  of  witness  on  a  challenge  of  a  juror 525  247 

Pn«clamation  for  plaintiff  to  appear  and  prosecute 526  248 

Proclamation  for  defendant  on  an  inquest : 527  248 

Proclamation  calling  a  witness  to  answer  on  a  subpoena 528  248 

Oath  of  a  witness  to  give  testimony 529  248 

The  same  by  the  uplifted  hand 530  248 

AflBrmation  of  witness 531  248 

Oath  on  the  voire  dire 532  248 

Entrv  when  an  attachment  issues  against  a  witness 533  248 

Oath' of  interpreter 534  248 

Oath  of  interpreter  to  a  deaf  and  dumb  witness 535  249 

Oath  of  a  party,  or  interested  witness,  preliminary  to  evidence  of 

the  contents  of  a  paper  not  produced 536  249 

Oath  of  a  party,  or  interested  witness,  preliminary  to  proving  the 

liandAvriting  of  a  subscribing  witness 537  249 

Proclamation  for  adjournment 538  249 

Proclamation  for  ojjening  court  after  adjournment 539  249 

Oath  of  constables,  on  retiring  with  a  jury,  or  jurors  on  leave  .. .  540  249 

Oath  of  constables,  to  keep  jury  on  an  adjournment 541  249 

Oath  of  constable  who  attends  the  jurj-  when  they  retire  to  con- 
sider their  verdict  in  civil  and  criminal  cases 542  250 

Taking  verdict  in  a  civil  case 543  250 

Entry  of  verdict 544  250 


CONTENTS.  XIX 


NO. 
OFFOKM.      PAQK 


Entry  of  verdict,  with  assessment  of  value  of  personal  property . .  545  250 

Entry  of  judgment 54G  250 

Taking  verdict  wliere  personal  property  is  in  question 547  251 

Taking  verdict  in  actions  for  damages 548  251 

Taking  verdict  in  cases  of  lunacy,  etc 549  251 

Taking  verdict  in  action  for  recovery  of  real  property 550  251 

Polling  jury  in  civil  cases 551  251 

Oath  on  application  to  excuse  or  discharge  a  juror  or  constable. . .  552  253 

On  application  of  juror,  or  constable,  for  a  remission  of  fine 553  252 

Oath  of  poor  witness,  on  application  for  expenses 554  253 

Notice  of  drawing  a  jury 555  253 

Notice  of  drawing  additional  jurors 556  353 


CHAPTER  XXIII. 

CONTRACTS. 

General  form  of  contra(!t,  with  provision  for  liquidated  damages  in 

case  of  breach 557  254 

Contracts  executed  by  agents  or  attorneys  in  fact 558  255 

Contract  declaratory  of  the  construction  of  a  previous  contract.  . .  559  255 

Contract  with  a  clerk  or  workman 560  256 

Contract  to  bind  a  minor  to  service  in  payment  for  his  passage- 
money 561  250 

Acknowledgment  of  the  foregoing  contract 563  256 

Railroad  construction  contract 563  257 

Contract  by  officers  of  a  corporation,  for  construction  of  &  loco- 
motive engine 564  269 

Contract  for  the  construction  of  a  steamsliip 565  269 

Contract  for  the  construction  of  engines  for  a  steamship 566  270 

Contract  for  the  right  to  manufacture  a  patented  article,  paying  a 

tariff  to  the  patentee 567  271 

Cdhtract  between  author  and  publisher,  for  publication  of  a  book 

upon  a  copyright 568  272 

Contract  for  sale  of  manuscript  and  copyright  569  373 

Contract  between  printers  and  publishers,  for  publication  on  joint 

account 570  374 

Agreement  for  sale  and  purchase  of  personal  property 571  275 

Contract  for  sale  of  goods  at  a  price  to  be  fixed  by  appraisal 573  275 

Contract  for  sale  of  stock  of  goods  and  good-wUl  of  business,  with 

covenant  in  restraint  of  the  vendor 573  276 

Agreement  to  sell  shares  of  stock  in  a  corporation  or  joint-stock 

company 574  277 

Contract  for  sale  of  land 575  277 

The  same ;  with  building  loan 576  278 

Contract  for  sale  of  farm  and  mUl ;  payment  in  instalments 577  281 

Stipulation  as  to  terms  of  purchase-money  mortgage 578  283 

Stipulation  as  to  time  of  taking  possession  and  incomes 579  283 

Stipulation  as  to  jmssession,  taxes,  etc 580  282 

Provision  that  existing  insurance  shall  inure  to  the  benefit  of  the 

purchaser 581  283 

Contract  of  several  persons  to  unite  in  a  purchase 582  283 

Agreement  for  a  lease , 583  283 

Contract  for  building 584  284 

Special  stipulations  which  may  be  inserted  according  to  the  nature 

of  the  case 585  284 

Contract  for  mason's  work  of  a  building 586  285 

Contract  to  build  party  wall 587  287 

Agreement  for  changing  mortgage  security 588  288 


XX  CONTENTS. 


CHAPTER  XXIV. 

COKONERS.  NO. 

OF  FORM.  FAOa 

Oath  of  the  foreman  of  a  coroner's  jury 589  289 

Oath  of  other  jurors 590  289 

Subpoena  for  witnesses 591  289 

Attachment  against  a  witness  not  appearing 593  290 

Oath  of  witness  on  coroner's  inquest 593  290 

Examination  before  coroner  and  jury 594  290 

Inquisition 595  290 

Warrant  of  coroner  for  arrest  of  person  charged  by  the  inquest.. .  596  291 


CHAPTEE  XXV. 

CORPORATIONS. 

I.  Stock  and  dividends. 

Preliminary  engagement  to  take  stock  in  a  corporation  to 

be  formed 597  292 

Certificate  of  stock 598  293 

Transfer  of  stock 599  293 

Power  of  transfer 600  293 

Power  to  collect  dividend 601  293 

n.  Elections. 

Oath  of  inspector 603        293 

Oath  of  stockholder  of  a  moneyed  corporation  when  chal- 
lenged    603        293 

Proxy 604        294 

Affidavit  to  be  annexed  to  proxy  to  enable  voting  at  an  elec- 
tion in  a  moneyed  corporation 605        295 


CHAPTER  XXVE. 

COVENANTS. 

A  covenant  by  one  person  to  one  person 606  295 

A  joint  covenant  by  two  or  more  persons  to  one  person 607  296 

A  joint  and  several  covenant 608  296 

A  several  covenant 609  296 

The  same ;  another  form 610  296 

Covenant  by  a  husband  for  himself  and  wife 611  296 

Covenants  bv  several  grantors,  each  for  his  own  portion  of  the 

estate  only 613  296 

Mutual  covenants  ; — independent 613  296 

Mutual  covenants  ; — a  covenant  to  convey  being  dependent  upon  a 

covenant  to  pay  purchase-money 614  297 

2k)venant  for  seizin 615  297 

The  same ;  a  short  form 616  297 

The  same  ;  several  and  not  joint 617  297 

The  same ;  by  life  tenant  and  tenant  in  fee  of  the  reversion 618  297 

Covenant  for  seizin  by  executors 619  298 

Covenant  for  power  to  convey 620  298 

Short  foiTU  of  covenant  for  seizin  and  power  to  convey 621  298 

Covenant  for  quiet  possession 623  298 

The  same ;  a  shoi  i  form 623  299 

Covenant  against  encumbrances 624  299 

The  same ;  a  short  form  625  299 


CONTENTS.  xxi 


OP  FORM.  PAeK 

Covenant  for  further  assurance 626  299 

The  same ;  a  short  form 627  oOO 

Covenant  against  grantor's  acts 628  oOO 

Tlie  same ;  a  short  form 629  800 

Several  covenants  by  grantors  against  their  own  acts  respectively.  630  SQO 

Short  form  of  covenants  of  seizin  and  warranty 631  300 

Covenant  against  nuisances 632  300 

Covenant  not  to  build  so  as  to  obstruct  light  and  air 633  301 

Covenant  to  maintain  fences 634  301 

Stipulation  against  implied  covenants 635  301 

Covenant  to  stand  seized  to  uses 636  301 

CHAPTEE  XXVII. 

DEBTOE  AND   OEEDITOE. 

Letter  of  license,  common  form 637  303 

The  same ;  with  a  condition  that  the  debtor  pay  by  instalments  . .  638  304 

Composition  with  creditors 639  304 

Letter  of  license  or  composition  deed,  to  be  void  unless  all  the 

specified  creditors  sign 640  305 

Composition  deed  allowing  debtor  to  carry  on  business  under  in- 
spection of  a  committee  of  the  creditors 641  306 

Minute  of  creditors'  meeting  agreeing  on  a  composition 642  309 

CHAPTEE  XXVIII. 

DEEDS. 

I.   FOIIMS  SANCTIONED  BY  THE   STATUTES    OR   PRACTICE  OP   PAR- 
TICULAR Stages,  and  directions  for  execution. 

AliABAMA 816 

Arkansas 816 

California 316 

Connecticut 317 

Delaware 317 

Georgia 317 

Illinois. 

Deed  conveying  with  covenants 643  317 

Indiana. 

Deed  conveying  without  covenants 644  318 

Warranty-deed 645  318 

Another  form 646  319 

Iowa. 

Quit-claim  deed 647  320 

Deed  in  fee-simple  without  warranty 648  320 

The  same  ;  with  warranty 649  320 

Another  form  ; — warranty-deed  with  covenants      650  320 

Deed  of  trust G51  320 

Kansas 320 

Kentucky 320 

Deed  with  covenants 652  321 

Louisiana 321 

Conveyance  with  warranty  and  purchase-money  mortgage. .  653  321 

Maine 322 

Maryland 322 

Massachusetts 323 

Common  form  of  warranty-deed 654  323 


xxii  CONTENTS. 


OF  FORM.  PAGR 

The  same  ;  with  release  of  dower  by  wife 655  323 

Quit-claim  and  release 656  324 

Deed  by  husband  and  wife,  conveying  wife's  land 657  324 

Michigan 324 

Minnesota 325 

Mississippi 325 

Missouri 325 

Deed  with  general  warranty 658  825 

Deed  with  special  warranty 659  326 

Quit-claim  deed 660  326 

New  Hampshire 326 

New  Jersey 326 

Deed  with  general  warranty 661  326 

Deed  with  special  warranty 662  327 

New  York 327 

Omo 327 

Deed  Math  covenants  and  warranty 663  328 

Oregon 328 

Pennsylvania 328 

Warranty-deed 664  328 

Rhode  Island 329 

South  Carolina 329 

Deed  with  warranty 665  330 

Tennessee 330 

Texas 330 

Vermont 330 

Virginia 331 

Quit-claim  deed 666  331 

Deed  to  convey  grantor's  whole  interest 667  331 

Deed  ^vith  covenant  against  grantor's  acts 668  331 

Warranty-deed  with  full  covenants 669  331 

Deed  of  trust  to  secure  debts,  ete 670  332 

Deed  of  life-estate 671  333 

Wisconsin 332 

II.  Forms  generally  applicable. 

Formal  indenture 672  333 

Deed  poll 673  334 

Short  form  of  deed  in  fee 674  334 

Quit-claim  deed 675  334 

Deed  conveying  wthout  covenants 676  335 

Deed  with  covenants  against  grantor's  acts 677  336 

Warranty-deed 678  337 

Special  warranty 679  338 

Warranty-deed  with  full  covenants 680  339 

Deed  with  covenant  against  certain  buildings  and  occupsr 

tions,  and  nuisances 681  341 

Short  form  of  warranty-deed 682  343 

Attestation  cf  deed  in  which  erasures  or  intferlineations 

appear 683  343 

Deeds  by  or  to  Particular  Classes  of  Parties,  such  as  Corporations, 
Officers,  Trustees,  etc. 

Deed  by  a  corporation 684  343 

The  same  ;  where  all  the  directors  sign 685  344 

The  same  ;  by  a  municipal  corporation 686  344 

Deed  to  a  corporation 687  344 

Deed  relating  to  heirs  or  devisees 688  345 

Deed  executed  by  an  attorney  in  fact 689  345 


CONTENTS.  xxiii 

KO. 

OF  FORK.  PAOB 

Another  form  ;  referring  to  the  power  annexed 690  345 

Deed  by  authority  of  the  Legislature 691  346 

Deed  by  executors 693  346 

Deed  by  sur\-ivors  of  the  acting  executors 693  347 

Deed  by  executors,  reciting  the  power  and  the  facts 694  348 

Deed  by  several  executors,  covenanting  sevprally 695  349 

Deed  by  executor  or  administrator,  selling  by  order  of  court 

for  payment  of  debts 696  349 

The  same  ;  setting  forth  the  orders  at  large 697  350 

Deed  by  executor,  conveying  land  by  order  of  court,  pur- 
suant to  contract  of  testator,  duly  proved  and  recorded . .   698  351 
Deed  by  administrator,  conveying,  by  order  of  court,  pur- 
suant to  contract  of  his  intestate 699  353 

Deed  by  administrators,  for  purpose  of  partition,  after  valua- 
tion ana  refusal  by  heirs 700  353 

Deed  of  guardian,  conveying  infants'  estate  by  leave  of  court  701  355 
Deed  of  infant ;  conveying  by  special  guardian,  by  leave  of 

court 703  356 

Deed  by  committee  of  idiot,  lunatic  or  habitual  drunkard. .  703  357 
Deed  by  trustees  or  assignees  of  an  insolvent  or  bankrupt  or 

an  absconding  debtor 704  358 

Deed  by  master  in  chancery 705  359 

Sherilf  8  deed  after  sale  on  execution 706  361 

The  same  ;  conveying  to  an  assignee  of  the  purchaser 707  361 

The  same  ;  to  redeeming  creditor 708  361 

Deed  by  sheriff  or  referee,  on  sale  in  foreclosure 709  363 

The  same  ;  in  partition   710  363 

Deed  by  commissioners  on  sale  in  partition 711  364 

Deed  by  mortgagee,  on  foreclosure  by  advertisement 713  365 

Deed  by  referee  pursuant  to  a  judicial  sale,  other  parties  in 

interest  joining  as  grantors 713  367 

Deeds  vjjon  peciUar  consideratio)is : 

Deeds  to  correct  mistakes  in  a  prior  conveyance 714  368 

Deed  confirming  a  prior  voidable  deed 715  369 

Short  form  of  the  same  :  by  indorsement  on  the  prior  deed  716  370 

Release  by  a  trustee  to  the  grantee  of  his  cestui  que  trust. .  717  370 

Partition  deed 718  371 

Deed  among  heirs,  in  confirmation  of  devises,  with  covenant 

to  abide  bv  the  will 719  373 

Deed  of  gift' 720  374 

Deed  of  exchange 721  375 

Various  descriptions  of  jnoperty  and  appurtenances : 

Description  of  land  by  No.  of  lot  and  tovniship 733  376 

Description  by  metes  and  bounds 723  376 

The  same  of  a  city  lot .' 734  376 

Description  by  reference  to  a  map 725  377 

Description  bounding  by  rivers,  highways  and  other  boun- 
daries   726  377 

Description  of  water-lol , 727  377 

Description  of  unpatented  land 728  378 

Descriptiou  oi  undivided  share 729  378 

Description  of  land  subject  to  a  mortgage,  or  of  an  equity 

of  redemption 730  378 

The  same  ;  where  the  grantee  covenants  to  pay  the  mortgage  731  378 
Description  of  a  lot  with  a  right  of  way  and  of  making  a 

drain .  733  379 

Description  of  a  lot  abutting  on  an  alley,  with  right  of  way 

therein  subject  to  charges  and  covenants 733  379 

Grant  of  easement  appurtenant  to  lot  bounding  on  an  alley 

orcourt 734  380 

I 


XXIV  CONTENTS. 

so. 

or   FORM.  PACK 

Premises  subject  to  easement  for  party  wall 735  380 

Premises  subject  to  easement  for  drain 736  380 

Description  of  water-power 737  380 

Reservation  of  ground  for  streets 738  381 

Exception  and  reservation  of  mines,  with  rent  and  covenant 

to  pay  damages 739  381 

Deeds  creating  or  conveying  particular  estates  other  than  an  ab- 
solute fee : 

Deed  of  a  life  estate  with  remainder  over 740  382 

Deed  by  a  tenant  for  life 741  383 

Assignment  of  dower 742  383 

■Release  of  dower 743  384 

General  release  of  dower  in  consideration  of  beneficial  pro- 
visions of  wai 744  384 

Short  form  of  release  of  dower  by  indorsement  on  deed ....  745  385 
Deed  conveying  reversion  in  fee  subject  to  outstanding  life- 
estate 746  385 

Release  of  rents 747  386 

Deed  of  surrender  of  a  term  for  life  or  years  to  the  rever- 
sioner   748  388 

Short  form  of  a  surrender  of  lease,  to  be  indorsed  thereon..  749  388 

Deed  creating  a  joint  tenancy 750  388 

Deed  creating  a  tenancy  in  common 751  389 

Release  of  part  of  mortgaged  premises 752  389 

Deed  of  right  of  way,  with  covenant  by  grantee  to  repair.  753  390 

Right  to  lay  an  aqueduct 754  391 

Deed  of  water-power,  measured  by  capacity  of  flume 755  391 

Deed  of  a  pew  by  proprietors  of  a  church 756  391 

Deed  by  trustees  of  the  corporation  conveying  pew  subject 

to  assessments 757  392 

Deed  of  a  pew  by  one  individual  to  another 758  392 

Deed  of  land  to  a  railroad  company  for  the  purposes  of  their 

road 759  393 

Trust  deed 760  394 

Habendum  of  a  deed  in  trust  for  a  married  woman 761  394 

Deed  conveying  in  trust  for  support  of  parents,  with  power 
of  appointment,  and  a  reservation  of  rents  for  payment 

of  encumbrances 762  395 

CHAPTEE  XXIX. 

DEFEASANCES. 

Defeasance  and  covenant  to  accoimt  for  a  collateral  security 763  397 

CHAPTEE  XXX. 

DISORDERLY  PERSONS,   VAGRANTS,  ETC. 

Complaint  against  offender 764  399 

Complaint  for  keeping  disorderly  house 765  399 

Warrant  to  arrest  offender 766  399 

Examination  of  the  offender 767  399 

Record  of  conviction  of  vagrant,  with  commitment  to  poorhouse .  768  400 

The  same  ;  with  commitment  to  coimty  jail 769  400 

Recognizance  of  a  disorderly  person 770  400 

Record  of  conviction 771  401 

Commitment  of  vagrant  to  poorhouse 772  401 

Tlie  same  ;  to  county  jail 773  401 

Commitment  of  disorderly  person  in  default  of  sureties 774  402 


CONTENTS.  XK.V 

CHAPTER  XXXI. 

DOWER.  „o. 

or  rORM.  PAGE 

Petition  by  widow  for  the  admeasurement  of  dower 775  403 

Verification  of  foregoing  petition 776  403 

Notice  \>y  lieirs,  requiring  widow  to  demand  dower 777  403 

Petition  by  lieir  or  owner  for  the  admeasurement  of  dower 778  403 

Notice  of  application  for  dower,  to  be  served  with  copy  of  petition  779  404 

Petition  for  appointment  of  guardian 780  404 

Order  appointing  guardian 781  40 1 

Order  for  admeasurement  of  dower 783  4C'5 

Oath  of  commissioners 783  4()5 

Report  of  commissioners 784  405 

CHAPTER  XXXII. 

ENTRIES  AND  MANIFESTS. 

CHAPTER  XXXIII. 

ESTRAYS. 

Notice  to  be  delivered  to  town  clerk 785  407 

Notice  of  sale , 786  407 

Certificate  of  fence-viewer 787  407 

Notice  of  sale  of  animals  straying  on  the  highway 788  407 

CHAPTER  XXXIV. 

EXCISE. 

Storekeeper's  application  for  a  license 789  408 

Certificate  to  character 790  408 

Storekeeper's  bond , 791  408 

Justification  of  sureties 792  408 

Acknowledgment 793  409 

Storekeeper's  license 794  409 

Innkeeper's  petition 795  410 

Proof  of  signatures 796  410 

Innkeeper's  bond 797  411 

Innkeeper's  license 798  411 

CHAPTER  XXXV. 

EXTRADITION. 

Affidavit  to  arrest  fugitive  from  another  State 799  413 

Warrant  by  the  governor,  for  surrender 800  413 

Commitment  by  United  States  commissioner,  under  extradition 

treaty 801  414 

Warrant  by  secretary  of  state,  for  extradition 803  414 

CHAPTER  XXXVI. 

FENCES   AND  FENCE-VIEWERS. 

Decision  of  fence-viewers  as  to  value  of  fence,  and  portion  to  be 

maintained  by  an  owner  who  has  previously  let  his  lands  lie  open  803  415 

Decision  as  to  proportion  of  division  fence  to  be  maintained 804  416 


XXVI  CONTENTS. 


NO. 

or  roRX,     PAG8 


Appraisement  of  damage  in  case  of  neglect  to  keep  fence  in  repair  805  416 

Notice  of  wish  to  remove  portion  of  division  fence 806  416 

P<>rniit  by  fence-viewers 807  416 

Appraisement  of  damage  by  cattle 808  416 

Certificate  that  sheep  were  killed  by  dogs 809  417 

CHAPTEE  XXXVII. 

FERRIES. 

Application  for  a  ferry  license 810  418 

Notice,  to  owner  of  lands,  of  application 811  418 

Affidavit  of  service 813  418 

Recognizance 813  419 

License  for  a  ferry 814  419 

CHAPTEE  XXXVIII. 

FORECLOSURE. 

Notice  of  sale  under  jKJwer  in  mortgage 815  423 

Another  form ;  tlie  whole  mortgage  being  due  on  default  in  interest  816  424 

Notice  by  assignee,  etc 817  424 

Affidavit  of  publication 818  435 

Affidavit  of  affixing  notice  in  county  clerk's  book 819  435 

Affidavit  of  posting  of  notice 820  435 

Affidavit  of  service  of  notice 831  426 

Affidavit  by  auctioneer  to  the  fact  of  sale 823  426 

CHAPTEE  XXXIX. 

GIFTS. 


CHAPTEE  XL. 

GUARANTIES. 

Guaranty  of  payment  of  note 833  428 

Of  payment  of  bond 824  438 

Of  coUectibility 835  438 

Of  rent 836  439 

Given  to  stop  legal  proceedings 837  439 

Of  performance  of  contract 828  429 


CHAPTEE  XLI. 

GUARDIAN  AND  WARD. 

Petition  for  appointment  of  guardian  of  a  minor  of  the  age  of  four- 
teen   839  480 

Consent  to  be  annexed 830  430 

Affidavit  as  to  property,  to  be  annexed 831  430 

Bond  of  guardian 832  431 

Affidavit  to  sufficiency  of  surety 833  431 

Letters  of  guardianship 834  431 

Petition  for  appointment  of  guardian  of  a  minor  imder  the  age  of 

fourteen 835  432 


CONTENTS.  xxvii 


OF   FORM.  PAOR 

Verification  of  petition" 836  433 

Consent  to  be  annexed 837  433 

Petition  by  guardian  for  allowance  out  of  ward's  estate 838  433 


CHAPTER  XLIL 

HABITUAL  DRUNKARDS. 

Complaint  and  petition  of  wife,  etc.,  for  notice  forbidding  sale  of 

liquor 839  434 

Notice  to  dealer,  forbidding  sale 840  435 

Designation  of  drunkard,  and  notice  to  dealer  by  overseers  of  the 

poor 841  435 

Notice  to  overseer  by  justice 842  435 

Execution  against  drunkard 843  435 

Execution  against  overseers 844  436 

Revocation  by  overseers 845  436 


CHAPTER  XLin. 

HIGHWAYS. 

I    Ajpointment  of  officeks  and  assessment  of  labok,  etc. 

Bond  of  commissioners 846  438 

Approval 847  439 

Appointment  of  commissioner  to  fill  vacancy 848  439 

Order  dividing  town  into  road  districts. .  . .  .' 849  439 

Appointment  of  overseer  to  fill  vacancy 850  440 

List  of  persons  to  be  assessed 851  440 

List  of  non-residents'  lands 852  440 

Assessment  of  highway  labor 853  441 

Additional  assessment  by  overseer 854  442 

Appeal  by  non-resident 855  442 

Notice  to  commissioners,  of  the  appeal 856  442 

Notice  of  non-residents'  lands  assessed 857  442 

Complaint  for  refusal 'to  work 858  443 

For  not  furnishing  team 859  443 

Summons  upon  foregoing  complaints.  .  .* 860  444 

Return  of  constable 861  444 

Conviction 862  444 

Warrant  for  collection  of  fine 863  444 

List  of  non-residents'  lands  and  unpaid  assessments 864  445 

Affidavit  thereto 865  445 

Annual  account  of  overseer 866  445 

Affidavit  thereto 867  446 

Annual  account  of  commissioners 868  446 

Notice  of  application  for  additional  appropriation 869  447 

Complaint  of  overseer's  neglect  of  duty 870  447 

Security  for  costs  of  prosecuting 871  447 

Assessment  of  additional  persons 872  448 

Appeal  from  assessment 873  448 

n  Proceedings  to  lay  otjt,  alter  or  discontinue  roads. 

Application  to  lay  out  new  highway,  with  consent  of  land 

owner 874  448 

Order  thereon 875  448 

Application  to  alter  highway,  with  consent 876  449 

Order  thereon 877  449 

Application  to  lay  out  new  highway,  ■v\dthout  consent. 878  449 


xxvm  CONTENTS. 


so. 
or  roRX. 


Order  thereon 879  440 

Affidavit  of  posting 880  450 

Oaths  of  freeholders 881  4r»0 

Certificate  of  necessity 882  450 

Notice  to  occupant  of  land 883  4o0 

Order  laying  out  the  road 884  451 

Order  refusing  to  lay  out  the  road 885  45 1 

Agreement  as  to  damages 886  451 

Release  of  damages 887  453 

Application  for  assessment  of  damages 888  453 

Order  appointing  commissioners  to  assess 889  453 

Notice  of  appointment 890  453 

Oath  of  c<inimissioners 891  453 

Oath  of  witnesses 892  453 

Assessment  of  damages 893  453 

Notice  of  reassessment 894  453 

Certificate  of  drawing  of  jury 895  454 

Summons  to  jurors 896  454 

Verdict 897  454 

Certificate  thereto 898  455 

Order  describing  an  old  highway 899  455 

Determination  of  controversy  between  two  towns 900  455 

Order  laj'ing  out  highway  on  line  between  two  towns 901  455 

Application  to  discontinue  road 903  456 

Oath  of  freeholders 903  456 

Certificate  of  propriety  of  discontinuing 904  456 

Orders  thereon 905-«  456-7 

Appeal  therefrom 907  457 

Appointment  of  referees 908  457 

Notice  of  hearing 909  457 

Decision  of  appeal 910  458 

Notice  to  remove  fences 911  458 

ni.  Encroachments. 

Order  to  remove  fences,  etc 912  458 

Notice  for  same 913  459 

Denial  of  encroachment 914  459 

Precept  to  summon  jury 915  459 

Notice  of  hearing 916  459 


CHAPTER  XLIV. 

HOMESTEADS. 

L  ElNTRT  OF  FtTBMC  LAUDS  FOR  HOMESTEADS. 

Application  to  secure  a  homestead 917  461 

The  same  ;  by  absent  soldier  or  saUor 918  461 

Certificate  of  register 919  463 

Afiidavit  of  applicant  for  homestead 920  463 

n.  Exemption'  from  execution  for  debt. 

Notice  of  design  to  hold  homestead  exempt 921  463 

Acknowledgment  of  the  foregoing 922  463 

Clause  in  a  deed  securing  exemption 923  463 

Waiver  of  exemption 924  463 

Oath  of  jurors  summoned  to  appraise  homestead 925  463 

Finding  of  the  jury,  setting  off  part  of  the  land 926  464 

The  same  ;  where  the  property  cannot  be  di\-ided 927  40  4 

Notice  of  the  foregoing  to  the  debtor 928  46 1 


CONTENTS.  acnx 

CHAPTEK  XLV. 

HUSBAND   AND  WIFE.  :,o. 

OK  rOBM.      PAGE 

Articles  of  separation 929  465 

CHAPTEE  XLVI. 
IMPRISONED  DEBTORS. 

I.  Proceedings  by  ckeditors   to  compel,  assignments  by 

DEBTORS  imprisoned  IN  CIVIL  CASES. 

Petition  by  a  creditor 930  467 

Affidavit  to  be  annexed 931  467 

Order  for  creditors  to  appear 932  467 

Notice  to  be  annexed 933  468 

Affidavit  by  creditor  who  unites  in  tlie  petition 934  468 

Order  that  an  assignment  be  made 935  468 

II.  Voluntary  assignments  by  debtors  imprisoned  in  civil 

CASES. 

Petition  by  a  debtor 936  469 

Affidavit  to  be  indorsed 937  469 

Order  to  bring  the  prisoner  into  court 938  469 

Order  that  assignment  be  made 939  470 

Assignment 940  470 

Discharge 941  470 

III.  Debtors  confined  for  crimes. 

Affidavit  on  applying  for  appointment  of  trustees  of  estate.   942  471 

Appointment  of  trustees 943  471 

Application  of  a  person  committed  for  non-payment  of  a  fine.  944  471 

CHAPTEE  XLYII. 

INCOME  TAX. 

Return  of  income 945  473 

CHAPTEE  XLVIII. 

INSANE  PERSONS. 

I.  Inquisition  and  appointment  of  committee. 

Petition  for  a  commission  of  inquiry 946     *  476 

Order  that  a  commission  issue 947  477 

Commission  of  inquiry  as  to  lunacy,  idiocy  or  habitual 

drunkenness 948  477 

Precept  requiring  the  sheriff  to  summon  a  jury 949  478 

Notice  to  lunatic,  idiot  or  drunkard  of  executing  commission.  950  478 

Warrant  to  produce  the  alleged  insane  person 951  479 

Subpoena  to  testify  before  commissioners 952  479 

Inquisition  of  lunacy,  idiocy  or  habitual  drunkenness 953  479 

Return  of  the  commission  to  be  indorsed  thereon 954  480 

Order  confirming  the  inquisition,  and  appointing  committee.  955  480 

Bond  of  committee 956  480 

Approval  of  bond  by  the  judge 957  481 

Commission  to  the  committee  of  an  insane  person 958  481 

II.  Custody  op  indigent  lunatics. 

Information  of  lunatic  before  justices  of  the  peace 959  482 


XXX  CONTENTS. 


vo. 

OF  FORM.       FACE 


Warrant  to  confine  a  lunatic 960  483 

Warrant  to  bring  lunatic  before  magistrate 9G1  4^2 

Order  sending  lunatic  to  the  asylum 962  48;> 

Petition  to  county  judge  for  examination 963  483 

Affidavit  of  physicians 964  483 

Subpoena  to  examine  in  regtird  to  lunacy 965  483 

Certificate  of  county  judge 966  484 


CHAPTER  LXIX. 

INSOLVENCY. 

Petition  for  discharge 967  485 

Affidavit  to  the  insolvent's  residence 968  486 

Affidavit  of  a  petitioning  creditor 969  486 

The  same ;  by  a  copartner 970  486 

Affidavit  of  residence  of  the  creditors 971  487 

Schedule  of  insolvent's  debts 972  487 

Inventory  of  assets 973  487 

Affidavit  of  the  insolvent  to  his  proceedings 974  488 

Order  requiring  creditors  to  show  cause 975  488 

Notice  for  publication 976  489 

Affidavit  of  publication 977  489 

Notice  for  service  on  creditors 978  489 

Affidavit  of  service 979  490 

Order  directing  assignment  to  be  made 980  490 

Assignment  by  insolvent 981  490 

Certificate  that  it  haa  been  made 982  4!)1 

Discharge '. 983  491 

Oath  of  assignee 984  492 

Notice  to  creditors,  etc 985  492 

Petition  after  action  commenced,  or  pending  proceedings 986  493 


CHAPTER  L. 

INSURANCE. 

Immediate  notice  of  loss 987  494 

Preliminary  proofs 988  495 

Certificate  of  magistrate 989  496 

Schedule  of  property,  and  appraisal 990  497 

CHAPTER    LI. 

INTEREST. 

Table,  showing  interest  per  month  or  year 991        498 

Table,  showing  in»^erest  per  day 992        498 

CHAPTER  Ln. 

JUSTICES  OF  THE  PEACE. 

Certificate  of  election 993        499 

Supervisor's  notice  of  drawing 994        499 

Certificate  of  the  drawing 995        499 


CONTENTS.  XXXI 

CHAPTER  LIII. 

LANDLORD  AND   TENANT. 

NO. 

I.  Notices.  of  form,    ^^^,s 

Notice  to  terminate  a  lease 996  501 

Notice  to  quit,  by  landlord,  to  tenant  from  year  to  year. . .     997  501 

Notice  to  quit,  by  tenant  from  year  to  year,  to  landlord. . .     998  501 

Notice  to  tenant  to  quit  in  one  month  (under  the  statute)  .     999  503 
Notice  to  quit  in  fifteen  days  (where  lease  reserves  right  of 

re-entry) 1000  502 

IL  Proceedings  to  dispossess. 

Affidavit  by  landlord  to  obtain  possession  of   deserted 

premises 1001  503 

Notice  to  tenant  who  has  deserted  premises 1002  503 

Notice  to  deliver  possession  on  default  in  rent 1003  503 

Affida^'it  to  remove  a  tenant  at  will 1004  503 

Affidavit  of  holding  over  after  expiration  of  term 1005  503 

Affidavit  to  remove  tenant  for  non-payment  of  rent 1006  504 

Summons  to  tenant  to  show  cause 1007  504 

Affidavit  of  service 1008  504 

Warrant  to  dispossess  after  expiration  of  lease 1009  505 

Warrant  to  dispossess  tenant  at  will  or  at  sufferance,  after 

notice 1010  505 

Warrant  to  dispossess,  on  default  in  rent 1011  506 

Return  of  officer 1013  506 

Affidavit  of  denial  by  tenant 1013  506 

Precept  to  summon  a  jury 1014  506 

Warrant  to  dispossess,  after  verdict  against  the  tenant . . .   1015  507 

in.  Forcible  entry  and  detainer. 

Complaint 1016  507 

Affidavit 1017  507 

CHAPTEE  LIV. 

LEASES. 

Landlord's  certificate  of  renting 1018  509 

Tenant's  certificate  of  hiring 1019  510 

Security  for  rent 1020  510 

Landlord's  certificate,   tenant  not  to  underlet  nor  occupy  for 

business 1021  510 

Tenant's  certificate  in  same  case 1033  511 

Provision  that  tenant  may  surrender  if  premises  become  un- 
tenantable    1033  511 

Provision  as  to  repairs 1024  511 

Provision  for  forfeiture  and  damages 1025  513 

Tenant's  certificate   pledging  his  chattels  on  the  premises  as 

security 1036  513 

Securitv  for  rent  and  performance  of  covenants 1027  513 

Short  torm  of  lease 1028  512 

The  same  ;  with  provisions  as  to  occupancy,  subletting  and  fire. .   1029  513 
Another  form  ;  with  provision  for  re-entry  and  reletting,  tenant  to 

pay  water-tax  and  fire-risk,  and  have  privilege  of  renewal 1030.  514 

Indenture  of  lease 1031  515 

Landlord's  certificate  of  letting  farm  vrith  stock  and  tools,  with 

tenant's  certificate  of  same 1032  517 

Lease  of  miU  ;  with  proviso  susp.ep:^ing  rent  on  its  ceasing  to  run.  1033  517 

Lease  of  a  manufactory,  etc.,  for  making  cements 1034  518 

Lease,  by  tenants  in  common,  of  wharf,  machinery,  etc.,  with 
covenants  for  repairs,  and  proviso  for  determining  the  term,  on 

notice 1035  620 


xxxu  CONTENTS. 


so. 
-OF  roR». 


Mining  lease 1036  523 

Covenant  not  to  assign,  etc 1037  523 

Covenant  to  renew 1038  523 

Covenant  to  buy  fixtures  at  a  valuation 1039  523 

The  same  ;  another  form 1040  523 

Stipulation  for  renewal  by  indorsement 1041  533 

Proviso  as  to.  re-entry,  with  waiver  of  notice 1043  524 

Lease  for  lives  at  a  nominal  rent 1043  524 

Under  lease 1044  535 

Ground  lease,  twenty-one  years,  with  covenants  to  build,  and  for 

renewals 1045  525 

Renewal  lease 1046  529 

Lease  by  a  municipal  corporation  for  a  fair,  lessees  to  build 1047  530 

Covenants  in  a  farm  lease  on  shares 1048  531 

Surrender  of  a  lease  indorsed  thereon 1049  531 

CHAPTER  LY. 

LEGISLATION. 

Notice  of  application  to  legislature 1050  533 

Petition  for  enactment  of  a  law 1051  533 

Remonstrance  against  a  pending  bill 1052  533 

CHAPTER  LVI. 

LETTERS  OF  CREDIT. 

General  letter  of  guaranty 1053  534 

General  letter  of  credit  and  guaranty 1054  534 

Special  letter 1055  534 

CHAPTER  LVII. 

LICENSES. 

CHAPTER  LYin. 

MANUFACTURING  COMPANIES. 

Certificate  of  incorporation  for  business  within  the  State 1056  536 

The  same ;  for  business  to  be  carried  on  wholly  or  partly  without 

the  State 1057  536 

Acknowledgment 1058  536 

CHAPTER  LTX. 
MARRIAGE  AND  MARRIAGE  SETTLEMENTS. 

Marriage  license 1059  538 

Short  form  of  solemnization  by  magistrates 1060  538 

Marriage  certificate 1061  538 

Ante-nuptial  settlement 1062  539 

CHAPTER  LX. 
MECHANICS'  LIEN. 

Notice  of  lien 1063  541 

Verification 1064  541 


CONTENTS.  xxxiii 


CHAPTER  LXI. 


MINING  AND  OIL  COMPANIES. 


NO. 
OF  FORM.  PAGE 


Certificate  of  association  >f  mining  corporation 1065  542 

Acknotvlcdgment  of  the  same 1066  543 

Certificate  of  attorney-general 1067  548 

Certificate  of  association  of  an  oil  company 1068  543 

Certificate  of  business  and  of  capital  paid  in 1069  544 

CHAPTER  LXII. 

MORTGAGES. 

Short  form 1070  547 

Another  form  to  secure  note .• 1071  547 

Mortgage,  with  interest  and  insurance  clause 1073  547 

Mortgage  on  lease 1073  549 

Mortgage  on  building  lease  to  secure  advances 1074  551 

Mortgage  to  secure  purchase-money 1075  554 

Mortgage  to  secure  indorser 1076  554 

Mortgage  to  secure  an  unliquidated  demand ; 1077  554 

Mortgage  in  exercise  of  a  power  of  appointment 1078  555 

Stipulation  in  a  mortgage  to  trustees,  that  it  shall  be  purely 

collateral 1079  555 

Stipulation  as  to  paying  off  in  advance 1080  556 

CHAPTER  LXIII. 

NATURALIZATION. 

Declaration  of  intention 1081  557 

Certificate  by  clerk 1083  558 

Oath  of  applicant  for  naturalization 1083  558 

Proof  of  residence  and  good  behavior 1084  558 

Certificate  of  citizenship 1085  559 

Affidavit  of  resident  alien  to  enable  him  to  hold  real  property. . .  1086  559 

CHAPTER  LXrV. 

NOTARIES. 

CHAPTER  LXY. 

NOTICES. 


CHAPTER  LXVI. 

OATHS. 

Oath  taken  upon  the  Evangelists 1087  561 

Oath  taken  by  uplifting  the  hand 1088  561 

AflSrmation 1089  561 

Oath  or  affirmation  of  witness 1090  561 

Another  form * .' "  *  1091  563 

Oath  of  a  town  oflBcer 1093  563 

Oath  of  allegiance  required  from  practitioners  in  the  United  States 

courts 1093  563 

3 


3CXX1V  CONTENTS. 

CHAPTEE  LXVII. 

PAKTNERSHIP. 

l»0. 

L  GkITBRAI,  partnership.  or  roBM.  pace 

Articles  of  copartnership  in  commercial  business 1094  565 

Articles  of  copartnership  in  hotel  business 1095  567 

Articles  of  copartnership  b(,tween  lawyers 1096  507 

The  same ;  where  one  intends  to  retire  in  favor  of  the  other.  1097  568 
Articles  of  voluntary  association,  for  carrying  on  a  news- 

pa,per 1098  569 

Limit  of  amount  to  be  drawn  out  by  partners 1099  571 

Another  form 1100  571 

Provision  for  increase  of  capital 1101  571 

Provision  as  to  departments  of  service 1102  572 

Restriction  on  the  power  of  majority 1103  572 

Provision  as  to  liquidation  by  sale  at  auction 1104  572 

Stipulation  to  refer  disputes  to  arbitration 1105  572 

Provision  for  oflfer  to  buy  or  sell 1106  573 

Provision  for  dissolution  on  notice 1107  573 

Provision  that  a  retiring  partner  shall  not  carry  on  trade 

or  disclose  secrets 1108  573 

Agreement  to  continue  the  partnership  ;  indorsed  on  the 

articles 1109  573 

Notice  to  determine  a  partnership 1110  574 

Memorandum  of  dissolution  indorsed  on  the  articles 1111  574 

Advertisement  of  dissolution 1112  574 

Advertisement  of  a  partner's  retiring 1113  574 

II.  Limited  or  special  partnerships. 

Certificate  of  formation  of  limited  partnership 1114  575 

AflBdavit  of  payment  of  capital 1115  575 

Designation  of  newspapers  for  publication 1116  575 

Affidavit  of  publication,  by  printer  of  newspaper 1117  575 

Certificate  of  continued  use  of  firm-name 1118  576 

CHAPTER  LXVin. 

PATENTS. 

Petition  for  a  patent  for  an  invention 1119  578 

General  form  of  specification  for  a  new  machine 1120  579 

General  form  of  specification  for  an  improvement  upon  an  existing 

machine ' 1121  581 

Example  of  a  specification  for  an  improvement  in  the  steam-engine.  1122  681 

Oath  by  a  citizen 1123  582 

Oath  by  an  alien  who  has  taken  steps  to  become  naturalized  ....  1124  582 

Petition  for  a  patent  for  a  design 1125  582 

Specification  for  a  design 1126  583 

Oath  by  a  citizen ' 1127  584 

Oath  by  an  alien  who  has  taken  steps  to  become  a  citizen 1128  584 

Amendments  to  specification 1129  584 

Appeal  to  examiners  in  chief  from  decision  rejecting  application.   1130  585 

Surrender  of  a  patent  for  reissue 1131  585 

Oath  to  application  for  a  reissue 1132  586 

Disclaimer  by  an  assignee 1133  586 

Caveat 1134  587 

Deposition  to  be  used  in  contested  cases  in  the  Patent  Office 1135  588 

Certificate  to  be  annexed  by  magistrate 1136  589 

Superscription  to  be  written  on  the  envelope  containing  the 

deiwsition 1137  590 


CONTENTS.  XXXT 


CHAPTEE  LXIX. 


KO. 


PENSIONS. 

I.  Aemt  pensions,  0'  yoRK. 

Invalid's  application  for  pension 1138  593 

Widow's  apiilication 1139  594 

Guardian's  application  on  behalf  of  minor  children 1140  595 

Mother's  application 1141  595 

Guardian's  application  on  behalf  of  orphan  sisters 1142  596 

II,  Navy  pensions  and  prize-money. 

Invalid's  application  for  pension 1143  597 

Widow's  application -. 1144  597 

Guardian's  application  on  behalf  of  minor  children 1145  597 

Mother's  application 1146  598 

Guardian's  application  on  behalf  of  orphan  sisters 1147  598 

Application  for  prize-money '. 1148  598 

CHAPTEK  LXX. 

PETITIONS. 

Petition  to  Congress 1149  600 

To  the  governor  of  a  State 1150  600 

To  a  court 1151  600 

To  a  judge  of  a  court 1152  600 

CHAPTER  LXXI. 

POOR  LAWS. 

Application  to  compel  a  person  to  support  a  poor  relative 1153  601 

Notice  to  the  relative,  of  application 1154  602 

Warrant  to  seize  the  goods  of  an  absconding  father,  husband  or 

mother 1155  602 

Return  of  overseer 1156  602 

Order  by  the  sessions 1157  602 

Notice  from  one  town  requiring  overseers  of  another  to  support 

pauper 1158  603 

Notice  contesting  alleged  settlement 1159  603 

Decision  by  the  superintendents  as  to  the  settlement  of  a  pauper.  1160  603 

Notice  that  pauper  will  be  supported  at  the  expense  of  a  town . .  1161  604 

Justice's  order  for  temporary  relief  of  a  pauper 1162  604 

CHAPTER   LXXII. 

POWERS   OF  ATTORNEY. 

Short  form 1163  606 

General  form,  with  power  of  substitution  and  revocation 1164  606 

Power  to  collect  debts 1165  607 

Power  to  collect  rents 1166  607 

Power  to  receive  dividends,  etc 1167  607 

Power  to  receive  a  legacy 1168  607 

Power  to  transfer  stock 1169  608 

Power  to  sell  vessel 1170  608 

Power  to  manage  real  property 1171  608 

Power  to  sell  and  convey  land 1172  608 

Power  to  mortgage  land 1173  609 

Power  to  renew  lease  and  sell  the  term 1174  609 

Power  to  make  partition 1175  C09 


XXX71  CONTENTS. 

FO. 

OF  rORM.  PAGt 

Power  to  effect  insurance 1176  CIO 

Power  to  carry  on  business 1177  610 

Another  form 1178  610 

The  same  ;  a  fuller  form 1179  611 

Power  to  collect  army  or  navy  claim 1180  613 

Genera]  custom-house  power 1181  613 

Special  custom-house  power 1182  613 

Confirmation  of  attorney's  act 1183  614 

Power  to  several  to  act  together,  or  either  one  separately 1184  614 

Power  to  several  jointly 1185  614 

A  power  of  attorney  to  two  with  provision  for  death,  absence  or 

refusal 1186  614 

Substitution  of  attorney 1187  615 

Revocation  of  power  of  attorney 1188  615 

CHAPTER  LXXIII. 

PRE-EMPTIOK 

Declaratory  statement  for  cases  where,  at  the  date  of  the  law,  the 

land  claimed  was  subject  to  private  entry 1189  618 

The  same  ;  where  the  land  was  rendered  subject  to  private  entry 

since  the  date  of  the  law 1190  618 

Affidavit  required  of  preemption  claimant 1191  619 

CHAPTER  LXXIV. 

PEIVATE  WAYS. 

Application  for  a  private  road 1192  620 

Notice  to  be  given  by  the  commissioners  to  the  owner  of  land.. .  1193  620 

Certificate  of  necessity 1194  620 

Order  by  the  commissioners  laying  out  a  road  through  improved 

knd 1195  620 


CHAPTER  LXXV. 

PROMISSORY  NOTES. 

Negotiable  promissory  note 1196  621 

Non-negotiable  note 1197  623 

Stock  note 1198  622 

CHAPTER  LXXVI. 

PROTESTS. 

I.  Protests  of  bills  and  notes. 

Certificate  of  protest 1199  623 

Certificate  of  service  of  notice 1200  623 

Certificate  of  protest ;  when  the  maker,  etc.,  cannot  be  found.  1201  624 

Notice  of  protest  of  note 1202  624 

Notice  of  protest  of  bill  for  non-acceptance 1203  624 

Notice  of  protest  for  non-payment 1204  624 

II.  Marine  protests. 

Notation  of  protest 1205  625 

Protest  extended  before  the  same  notary 1206  625 

Protest  extended  before  another  notary 1207  626 


CONTENTS.  xxxvii 

CHAPTER   LXXVII. 

RECEIPTS.  ^o. 

I   General  receipts.                                                                 of  form,  pagr 

General  receipt  for  money 1208  628 

For  chattels 1209  028 

For  papers 1310  028 

Receipt  for  money  paid  by  a  third  person 1211  629 

Receipt  for  money  on  behalf  of  a  third  person 1212  629 

Form  for  indorsing  a  receipt  on  a  written  instrument 1213  629 

U.  Receipts  for  particular  objects. 

Receipt  on  account  generally 1314  629 

Receipt  for  a  quarter's  rent 1215  629 

For  interest  on  a  bond 1316  629 

For  part  of  the  principal  of  a  bond 1217  629 

For  payment  for  professional  services 1218  629 

For  money  to  be  paid  over 1219  630 

For  money  to  be  disbursed 1220  630 

For  money  to  be  repaid 1231  630 

For  papers  to  be  safely  kept  and  restored 1233  630 

III.  Receipts  in  full. 

In  full  of  a  particular  demand 1323  630 

In  full  of  all  demands 1324  631 

CHAPTER  LXXVIII. 

RECOGNIZANCES. 

Short  memorandum  of  recognizance 1825  631 

Formal  recognizance 1336  631 

CHAPTER   LXXIX. 

RELEASES. 

General  release  of  all  demands 1327  633 

Mutual  general  release 1338  633 

General  release  sometimes  required  by  an  award 1829  633 

Special  release 1830  634 

Release  by  a  ward  on  coming  of  age,  to  his  guardian 1331  634 

Release  by  one  partner 1233  634 

Release  of  one  of  several  partners  or  joint  debtors 1233  635 

Release  of  lands  from  the  lien  of* a  judgment 1234  635 

Release  of  lands  from  a  legacy  charged  thereupon  by  wiU 1235  635 

CHAPTER  LXXX. 

RELIGIOUS   CORPORATIONS. 

Certificatb  of  incorporation  of  religious  society 1236  636 

The  same ;  in  the  case  of  a  Protestant  Episcopal  Church 1237  637 

Certificate  of  election 1238  638 

Triennial  report  of  a  religious  corporation 1339  638 

Petition  of  trustees  for  leave  to  sell  or  mortgage  real  property. . .   1340  639 

Order  for  leave  to  mortgage  or  sell 1341  639 

CHAPTER  LXXXI. 

SATISFACTION-PIECES. 

Satisfaction  of  judgment 1242  640 

Satisfaction  of  justice's  judgment 1343  640 

Satisfaction  of  mortgage 1244  640 

Satisfaction  of  mechanics'  I'en 1245  641 


xxxviu  CONTENTS. 

CHAPTEE  LXXXII. 

SCHOOLS.  "o- 

or  POEM.        PAG/ 

Order  altering  school  districts 1246  G42 

Order  erecting  a  new  district 1247  642 

Consent  of  trustees  indorsed  on  order 1248  042 

Notice  of  first  meeting  in  a  new  school  district 1249  642 

Ordinary  notice  of  di^rict  school  meeting 1250  642 

Tax  list  for  collection  of  moneys  raised  for  building  a  school-house.  1251  643 

Warrant  to  be  attached  to  tax  list 1252  64;j 

Kate  bills  for  sums  to  be  paid  for  instruction  or  for  fuel 1253  643 

Renewal  of  warrant 1254  643 

Collector's  notice  to  pay  taxes 1255  644 

Return  of  the  collector 1250  644 

Notice  of  levy  and  sale  by  the  collector 1257  644 

CHAPTEE  LXXXin. 

SEALS. 

CHAPTEE  LXXXIV. 

SEAKCHES. 

Search  for  deeds,  etc 1258  645 

County  clerk's  search 1259  646 

Search  for  judgment  in  United  States  courts 1260  646 

Loan  commission  search 1261  647 

Tax  search 1262  647 

CHAPTEE  LXXXy. 

SEEVICE  (AND  PROOF  OF). 

SheriflTs  certificate  of  service 1263        647 

Affidavit  of  personal  service 1264        648 

CHAPTEE  LXXXVI. 

SHIPPING  ARTICLES. 
General  form. 1265       649 

CHAPTEE  LXXXVn. 

STAMPS. 
Stamp  duties 1266        652 

CHAPTEE  LXXXVin. 

SUBSCRIPTION  PAPERS. 

Subscnption  for  a  building 1267        660 

Subscription  to  the  support  of  a  clergyman 1368        660 

Subscription  to  endow  a  college 1269        661 


CONTENTS.  xxxix 


CHAPTEE  LXXXIX. 

SUPERVISORS. 

iro. 

OF   FORM.  PACE 

Appointment  to  fill  vacancy 1270  602 

Certificate  to  correctness  of  accounts 1271  662 

CHAPTEK  XC. 

TAXES. 

Notice  of  completion  of  assessment 1272  663 

AflBdavit  to  reduce  tax  on  real  estate 1273  663 

ASidavit  to  reduce  tax  on  personal  estate 1274  663 

Oath  of  the  assessors  to  the  assessment  roll 1275  663 

Notice  by  supervisor  to  collector,  of  the  amoimt  of  taxes 1276  664 

Bond  of  collector 1277  664 

Approval  by  supervisor 1278  664 

Warrant  for  collection  of  taxes 1279  664 

Collector's  notice ^ 1280  665 

CHAPTER  XCL 

TOWNS. 

Call  for  a  special  town  meeting 1281  666 

Notice  of  intention  to  propose  resolution  to  build  new  town-house  1282  666 
Notice  to  supervisors,  of  resolution  to  raise  money  for  new  town- 
house  1283  667 

Resolution  of  the  board  of  supervisors 1284  667 

Division  of  a  town  into  election  districts,  or  alteration  of  the 

districts 1285  667 

Notice  of  supervisor  or  clerk  calling  meeting  to  fiU  vacancy 1286  667 

Appointment  of  an  inspector  of  elections  to  fill  a  vacancy 1287  667 

Notice  of  acceptance  of  resignation  of  a  town  officer 1288  668 

Affidavit  to  be  attached  to  an  account  presented  for  audit 1289  668 

Certificate  of  town  auditors 1290  668 

Abstract  of  claims  presented  to  the  town  auditors  for  audit 1291  668 

CHAPTER  XCn. 

TRUSTS. 

Declaration  of  trust  in  personal  property 1292  670 

Declaration  of  trust  in  lands 1293  670 

CHAPTER  XCIII. 

TURNPIKE   COMPANIES. 

Articles  of  association 1294  671 

Notice  that  the  books  are  open  for  subscription 1295  673 

Affidavit  of  directors  as  to  subscription 1296  672 

Application  to  supervisors  to  lay  out  road 1297  672 

Notice  of  application  to  supervisors 1298  673 

Consent  of  land  owners  to  use  of  highway 1299  673 

Release  of  right  of  way,  by  supervisor  and  highway  commissioners.  1300  673 

CHAPTER  XCIV. 

WARRANTS. 


xl  CONTENTS. 

CHAPTER  XCV. 

WILLS. 

I     VVirXS  AND  SPECIAL  ClAUSES.  of  form,  page 

Short  form 1301  670 

A  will  bequeathing  legacies,  and  appointing  residuary 

legatee 1302  676 

A  will  of  real  and  personal  estate 1303  677 

Pecuniary  legacy 1304  678 

Legacy  of  furniture 1305  678 

Legacy  of  dress  and  ornaments  to  wife 1306  678 

Legacy  of  furniture,  etc.,  to  wife,  during  life  or  widowhood.  1307  678 

Legacy  of  furniture  to  be  divided  amongst  children 1308  678 

Legacy  of  a  debt 1809  678 

Legacy  of  a  share  under  another  person's  will 1310  679 

Bequest  of  jewels,  etc.,  to  wife,  and  of  estate  in  household 

effects  for  life  or  widowhood 1311  679 

Bequest  of  the  good-will  of  a  business 1312  679 

Legacies  to  children  with  directions  for  investment 1^13  679 

Legacy  to  an  infant  to  be  paid  to  his  father 1314  680 

Legacies  to  executors 1315  680 

Pecuniary  legacy  to  a  married  woman 1316  680 

Bequest  in  trust  for  imincorporated  society 1317  680 

Bequest  to  a  corporation 1318  680 

Bequest  on  condition 1319  681 

Direction  that  legacies  shall  be  paid,  free  from  duty 1320  681 

Direction  that  legacies  be  paid  in  full,  in  priority  to  others.  1321  681 

Declaration  that  legacies  shall  not  be  in  satisfaction  of  debts.  1322  681 

Provision  that  if  legatee  dies  the  legacy  goes  to  his  executors.  1323  681 
Declaration  that  advancements  be  deducted  from  shares  of 

estate 1324  681 

Declaration  that  advancement  shall  not  be  in  satisfaction 

of  portions 1325  682 

Authority  to  executors  to  defer  calling  in  a  debt 1326  682 

Bequest  of  an  annuity  to  l)e  purchased 1327  682 

Direction  as  to  payment  of  annuities 1328  682 

Bequest  of  fund  with  power  of  appointment 1329  682 

Devise  to  son  on  his  attaining  twenty-one,  with  power  to 

trustees  to  apply  rents  and  profits  during  minority 1330  683 

Devise  to  executors  in  trust,  with  power  to  sell,  etc 1331  084 

Power  to  arrange  and  compromise 1332  684 

Directions  as  to  winding  up  testator's  partnership  business.  1333  684 

Clause  concerning  disputes 1334  685 

A  clause  releasing  debts  due 1335  685 

Appointment  of  executors 1336  685 

Attestation  clause  describing  execution 1337  686 

Attestation  according  to  the  laws  of  England 1338  686 

II.  Codicils. 

Codicil  adding  a  new  provision 1339  686 

Codicil  appointing  a  trustee  and  executor  in  the  place  of  a 
deceased  trustee  and  executor  appointed  by  the  testator's 

will 1340  680 

Codicil  revoking  the  appointment  of  one  of  trustees  and 

executors,  and  appointing  a  new  one  in  his  place 1341  087 

Codicil  appointing  an  additional  trustee  and  executor 1342  687 

III.  Instructions  for  execution  according  to  the  laws  op 

THE  various  States,  alphabetically  arranged. 


ABBOTTS'  FORMS. 

CLERK'S  AND  CONVEYANCER'S  ASSISTANT. 


CHAPTEE  I. 

ABANDONMENT. 


In  cases  of  Marine  Insurance,  after  a  constructive  total  loss,  the  insured  may 
relinquish  to  the  insurers  his  interest  in  the  thing  insured,  so  as  to  enable  him 
to  claim  for  a  total  loss.  This  act  is  termed  Abandonment.  It  is  made  by  giv- 
ing notice  thereof,  either  orally  or  in  writing,  (a)  If  in  writing,  no  particular 
form  is  required  ;(6)  but  it  must  be  explicit,  and  should  specify  the  particular 
cause  of  the  abandonment,  (c)  It  cannot  be  either  partial  or  conditional,  (d) 
The  notice  must  be  given  within  a  reasonable  time  after  information  of  the 
loss,  (e)  Once  given,  it  is  Irrevocable,  (/)  unless  the  insurers  refuse  to  accept  it 
or  consent  to  a  revocation ;  {g)  but  it  may  become  of  no  effect,  if  the  information 
of  loss  proves  unfounded,  (h) 

1 .  Short  Form „ 1 

2.  Abandonment  of  vessel  and  cargo,  with  assignment,  power  of  attorney,  and  cove- 

nant for  further  assurance 2 


1.  Short  Form.  {{) 
[Address.]  [Date.] 

Understanding  that  the  bark  F.,  on  her  voyage  from  M,  to  N.,  has  been 
compelled  to  seek  the  port  of  O.  in  distress,  where  she  arrived,  we  hear, 
with  several  feet  of  water  in  her  hold,  (J)  and  the  cargo  was  landed  and 


(a)  2  Pars.  Mar.  L.,  396;  2  Levi  Com.  L.,  (/)  2  Pars.  Mar.  Z.,  412  ;  2  Levi  Com. 
loO.    But  if  given  by  parol,  it  is  the  more  Z.,  166. 

iiiiportantthatitshouldbeexpress,sothat  (ff)  Kadcliffv.  Coster,  Bbfm.,  98. 

tliere  shall  be  no  doubt  of  the  intent.  Par-  (A)  Dickey®.  Am.  Ins.  Co.,  3  TF«w(^.,  658. 

meter  v.  Todhunter,  1  Camp.,  541.  (i)  This  form  is  according  to  McCono- 

(b)  Comegys  v.  Vasse,  1  Pet.  U.  S.,  193,  chie  V.  Sun  Mut.  Ina.  Co.,  26  N.  Y.,  477. 
(tf)  Suydam  v.  Marine  Ins.  Co.,  1  Johns.,  (J)  The  particular  cause  of  loss  must  be 

181.  stated,  and  the  abandonment  cannot  be 

{(i)  lb.  ;  Am.  on  Ins.,  1149.  sustained  upon  a  cause  not  stated..    Stiy- 

(«)  Smith  V.  Steinbach,  2  Gai.  Cos.,  158.  dam  v.  Marine  Ins..  Co.,, I  Johns.y.lQl. 
1 


ABBOTTS'  FORMS. 


Abaudonment. 


found  very  seriously  damaged  to  more  than  one  half  the  value,  (k)  we  there- 
fore hereby  abandon  to  you  two  hundred  and  eighty  hogsheads  of  sugar, 
valued  at  $85  per  hhd.,  insured  by  you  under  our  open  policy,  No.  29,170, 
for  $23,800,  and  shall  claim  for  a  total  loss.  (Z)  Yours,  &c., 

[Signature.] 

2.  Abandonment  of  Vessel  and  Cargo,  with  Power  of  Attorney  and  Cove- 
nant for  Further  Assurance. 

To  AXL  to  whom  these  presents  may  come,  greeting : 

Wheeeas,  we,  A.  B.  and  C.  D.,  of  the  city  of  ,  in  the  State  of 

,  caused  to  be  insured  by  the  Insurance  Company,  [here 

state  the  insurance — e.  g.,  thus:]  lost  or  not  lost,  the  sum  of  dollars, 

to  wit:  the  sum  of  dollars  on  the  ship  M.  N.  and  appurtenances, 

and  the  sum  of  dollars  on  her  cargo,  from  to  one  or  more 

ports  in  ,  and  at  and  from  either  of  tliem  to  ,  or  her  first 

port  of  discharge  in  the  United  States,  as  by  a  policy,  numbered  , 

will  more  fully  appear ;  and  whereas,  the  said  ship,  whilst  she  was  sailing 
©n  her  voyage  from  to  ,  on  or  about  the  day  of 

,  last  past,  [here  state  cause  of  loss — e.  g.,  thus:]  was  overtaken  by 
a  violent  storm  and  gale  of  wind,  by  which  the  vessel  was  foundered  and 
sunk  with  her  said  cargo,  and  thereby  was,  and  ever  since  has  been,  and 
now  is  totally  lost  to  us,  the  aforesaid  A.  B.  and  C.  D. 

Now,  THEREFORE,  know  ye,  that  we,  the  aforesaid  A.  B.  and  0.  D.,  do 
hereby  abandon  to  the  said  Insurance  Company  such  proportion 

of  the  said  ship  and  cargo,  and  of  our  interest  therein,  as  the  said  sum  of 
dollars  by  them  insured  bears  to  the  whole  vessel  and  cargo. 

And  we  do  hereby  constitute  and  appoint  G.  H.,  Esq,,  president  of  the 
said  Insurance  Company,  our  true  and  lawful  attorney  in  onr 

names,  but  for  the  use  of  the  said  company,  and  at  their  costs  and  charges, 
to  claim,  sue  for,  recover,  and  receive  such  proportion  of  the  said  vessel  and 
cargo  as  is  hereinbefore  by  us  abandoned. 

And  we,  the  said  A.  B.  and  C.  D.,.do  hereby  for  ourselves,  our  executors 
and  administrators,  covenant  and  agree,  to  and  with  the  said  company,  that 
we,  our  executors  and  administrators,  shall  and  will,  at  all  times  hereafter, 
at  the  request,  and  at  the  costs  and  charges  of  the  said  Insurance 

Company,  make,  seal,  execute,  acknowledge,  and  deliver  all  and  every  such 
further  and  other  conveyances  and  assurances  for  the  better  conveying  and 
assuring  to  the  said  company  the  proportion  of  the  said  vessel  and  cargo 

{k)  It  is  now  held  esoential  that  the  (^  Further  instruments  of  assignment, 
notice  of  abandonment  should  indicate  ^''"^  ^  "«  referred  to  in  the  succeeding 
,,,,,,  ^    ,  ,,  form,  are  not  essential.   An  abandonment, 

that  the  loss  amounts  to  more  than  one-    _•  ,  ^  ,         ,  .   j   .        ^      ..■ 

rightly  made  and  accepted,  transfers  the 

half  the  value.  McConochie  v.  Sun  interest  of  the  insured.  The  law  gives  to 
Mutual  Ins.  Co.,  26  JV.  T.,  477 ;  revere-  it  all  the  effect  which  the  most  accurately 
ing,  3  Bosw.,  99.  drawn    assignment    would    accomplish. 

Comegys  v.  Vasse,  1  Pet.  U.  S.,  198. 


ABSTRACTS  OF  TITLE. 


Instructions  for  Drawing  Abstracts  of  Title. 


hereinbefore  by  us  abandoned,  and  all  and  every  such  further  and  other 
letter  or  letters  of  attorney  for  enabling  the  said  company,  at  their  own 
charges,  to  ask,  demand,  sue  for  and  recover  the  said  proportion  of  the  said 
vesseb  and  cargo,  as  to  them,  the  said  company,  shall  seem  reasonably 
necessary. 
In  testimony  "wheeeof,  we  have  hereunto  set  our  hands  and  seals,  this 
day  of  ■)  ■^-  '^•■)  oiiG  thousand  eight  hundred  and 

A.  B.  [Seal] 
0.  D.  [Seal] 


CHAPTER  II. 


ABSTRACTS  OF  TITLE. 


An  abstract  of  title  is  a  document  presenting  in  a  connected  form  the  sub- 
stance of  the  various  instruments  affecting  the  ownership  of  real  property.  It 
is  the  appropriate  means  of  laying  before  one  who  contemplates  buying  the 
property  in  question,  the  history  of  the  title  which  the  seller  proposes  to 
convey.(«) 


(a)  In  England,  abstracts  have  an  im- 
portance in  conveyancing,  which,  in  the 
United  States,  they  have  never  yO't  ac- 
quired. There  are  well-settled  rules  gov- 
erning the  duties  of  parties  to  real  prop- 
erty transactions,  relative  to  the  prepara- 
tion and  verification  of  the  abstracts ;  and 
the  art  of  preparing  these  documents  is 
far  advanced,  and  has  been  the  subject  of 
several  distinct  works.  It  appears  there 
to  be  considered  as  implied  in  ordinary 
contracts  for  the  sale  of  real  property, 
that  the  seller  will,  before  the  time  fixed 
for  the  completion  of  the  contract,  fur- 
nish to  the  buyer  evidence  of  the  suffi- 
ciency of  the  title  he  proposes  to  convey. 
See  Gardner's  (William)  Directions  for 
Drawing  Abstracts  of  Title:  Lond.,  1840. 
Hiirper's  (S.)  Practical  Hints:  Lond., 
1829.  Lee's  (J.  Y.)  Treatise  on  the  Evi- 
dence of  Abstracts  of  Title  to  Eeal  Prop- 
erty :  Lond.,  1843.  Moore's  (Henry)  In- 
structions for  Preparing  Abstracts  of 
Titles:  Lond.,  2d  ed.,  republished  in 
Philadelphia  Law  Library,  185S.  Pres- 
ton's (Richard)  Essay  on  Abstracts  of 
Title,  '2d  ed. :  Lond.,  1824;  New  York, 
1828,  8  small  vols.,  8vo. 

He  must  cause  an  abstract  to  be  pre- 


pared and  furnished  to  the  buyer,  giving 
him  an  opportunity  to  verify  it  by  com- 
parison with  any  original  deeds  in  the 
seller's  possession  or  otherwise,  as  cir- 
cumstances may  admit;  and  until  this  is 
done,  the  buyer  is  not  bound  to  accept  a 
deed,  or  pay  purchase-money.  Upon  the 
buyer,  however,  devolves  the  labor  or 
expense  of  verifying  the  statement  fur- 
nished ;  of  ascertaining  that  it  correctly 
states  the  original  deeds,  etc.,  and  deter- 
mining that  the  title  proflfered  is  one 
which  he  is  satisfied  to  accept. 

In  the  United  States,  many  circum- 
stances— such  as  the  comparative  youth- 
fulness,  so  to  speak,  of  our  land  titles, 
the  very  general  extension  and  com- 
pleteness of  systems  of  recording  deeds, 
the  moderate  values  of  landed  property, 
and  the  characteristic  inclination  of  our 
people  for  sales  and  exchanges,  have  pre- 
vented any  such  necessity  for  these  ab- 
stracts as  has  arisen  in  English  practice. 
We  know  of  no  American  works  on  the 
subject  until  the  appearance  of  Curweii's 
(Maskell  E.)  Manual  upon  the  Searching 
of  Eecords  and  the  Preparation  of  Ab- 
stracts of  Title  to  Real  Property.  Cincin- 
nati:  Clarke  &  Co.,  1865.     This  is  a  small 


ABBOTTS'  FORMS. 


Abstracts  of  Title. 


Time  of  Commencing. — When  an  abstract  is  to  be  prepared,  a  preliminary 
question  is,  at  wliat  date  the  searcli  shall  commence.  Upon  theory,  the  chain 
of  conveyances  should  be  traced  back  to  some  date  anterior  to  the  time  from 
which  adverse  possession  is,  by  force  of  the  Statute  of  Limitations,  equivalent 
to  a  perfect  title.  But  in  applying  this  rule,  a  large  allowance  is  evid<fntly 
necessary  for  the  exceptions  which  the  statute  makes  in  favor  of  infants,  luna- 
tics, married  women,  and  other  persons  under  a  disability  to  sue.  In  England, 
where  the  limits  of  the  statute  are  fixed  at  forty  years,  the  practice  requires 
that  titles  should  be  traced  back  for  sixty  years  ;  and  this  rule  may  be  con- 
sidered as  desirable  in  the  older  Slates  of  our  Union,  except  so  far  as  varia- 
tions in  the  time  prescribed  for  adverse  possession  to  quiet  the  title,  may  modify 
it.  In  the  Western  States  generally,  and  wherever  lands  have  been  settled 
under  grants  from  the  Federal  Government,  an  abstract  is  suflBcient  which 
traces  the  title  back  to  the  patent  granted  by  the  United  States.  But  it  is  very 
frequently  the  case  that  a  client  is  satisfied  to  take  the  title  of  some  owner  for 
granted,  knowing  that  it  has  been  pronounced  good  in  the  courts,  or  bears  an 
unquestioned  reputation,  and  instructs  the  conveyancer  to  commence  his  search 
at  the  conveyance  by  that  owner.  Where  this  is  intended,  the  abstract  should 
state  in  the  caption  the  instruction  given,  in  order  that  the  conveyancer  may 
appear  to  take  no  responsibility  for  the  anterior  period. 

Facts  not  Matter  of  Record. — There  are  many  facts  aflFecting  title  to  lands 
which  are  not  necessarily  evidenced  by  any  documents  or  records  subject  to 
the  conveyancer's  inspection.  Hence  an  abstract  may  be  fuU — that  is,  may 
state  every  important  portion  of  all  instruments  involved,  and  may  exhibit  a 
good  title — and  yet  there  may  exist  facts  which  create  a  defect.  Marriage  may 
have  created  an  undisclosed  right  of  dower  ;  alienage  a  liability  to  escheat ;  or 
death  have  caused  the  land  to  descend  ;  yet  nothing  appear  upon  the  record  to 
indicate  the  fact.  So  it  may  be  that  the  seller  is  kept  out  of  possession  by  an 
adverse  claimant ;  in  which  case,  in  several  of  the  States,  he  is  disabled  by 
statute  from  conveying.(&)  And  there  are  other  similar  cases.  No  absolute 
duty  rests  upon  the  conveyancer  to  elicit  facts  of  this  description.  He  should 
make  such  inquiry  as  the  record  suggests  and  the  circumstances  admit.  When 
inquiry  is  made  as  to  some  fact  of  this  description,  it  is  usual  and  convenient 
to  annex  to  the  abstract  the  affidavit  of  the  informant  upon  the  matter  in 
question. 

and  inexpensive  work,  but  is  quite  com-  American    law    of   conveyancing.     Tlie 

prehensive  enough  for  the   subject.     It  system,     so    universal    in    America,    of 

relates  more  particularly  to  the  conveyan-  recording  deeds,  whereby  public  notice 

cing  law   of  Pennsylvania,    Ohio,   Ken-  is  given   of  almost  all  transfers  of  real 

tucky,  Indiana,  Illinois,  Iowa,  and  Kan-  property,  has  tended  stronffly  to  diminish 

Fas,  but  much  of  its  contents  is  of  gen-  the   necessity  for  the   use   of  abstracts, 

eral  iipplication,  and  it  is  well  adapted  to  And  we  understand  the  American  rule  to 

be  of  service  to  conveyancers  throughout  be,  that  where  the  memorandum  of  the 

the  Union.  contract  of  sale  contains  no  provisions 

It  has  aided  us  much  in  the  preparation  expressly  requiring  the  seller  to  furnish 

of  the  chapter  in  the  text.  one,  he  is  not  bound  to  do  so  ;  but  the 

The  volume  is  announced  by  Messrs.  contract  is  satisfied  on  his  part  by  the 

Clarke  &  Co.,  as  the  pioneer  of  a  series  tender  of  a  competent  deed,  on  the  con- 

of  hand-books   of   practical   law,  which  tract  day,  if  the  title  of  the  seller  is  ac- 

they  have  in  preparation.  tually  perfect.     To  relieve  from  payment 

In   places  where  land  values  are  rela-  of  the  price,  the  buyer  should  show  some 

tively  important,  or  where  titles  have  be-  defect  in  the  title,  and  not  merely  that 

come  complicated,  they  are  used;  but  we  the  claim  of  conveyances  was  not  made 

believe  their  use  is  regulated  rather  by  known  to  him. 

convenience  and  courtesy  of  parties  than        {b)  &ee,  in  New  York,  2  Rev.  Stat.,  691, 

by  any  distinct  recognition  of  the  Eng-  §  G ;  in  Kentucky,  1  Stant.,  278,  226 ;  in 

lish  rales  above  stated  as  a  part  of  the  Indiana,  I  Gav.  &  H.,  261. 


ABSTRACTS  OF  TITLE. 


Abstracts  of  Titl^^ 


Order  and  Arrangement. — The  object  of  the  counsel  in  preparing  an  ab- 
stract is  to  present  a  statement  of  every  fact,  and  an  epitome  of  every  deed, 
will,  or  other  document  or  record,  upon  which  the  validity  of  the  title  depends  ; 
which,  wliilo  free  from  all  unnecessary  details,  shall  answer  all  reasonable  in- 
quiries, and  shall  be  sufficiently  methodical  and  lucid  in  its  order  and  arrange- 
ment, to  enable  a  qualified  person  to  form  his  opinion  upon  the  chain  of  title 
as  he  proceeds  from  point  to  point  in  reading.  It  is  obviously  impossible  to 
give  forms  which  can  be  followed  as  guides,  so  much  depends  on  the  circum- 
stances of  the  individual  case  ;  but  the  outline  of  an  abstract  presented  below 
illustrates  the  method  employed. 

At  the  outset  occurs  a  caption,  which  states  the  name  of  the  person  whoso 
title  is  presented,  and  describes  the  property  which  is  the  subject  of  examinar 
tion.  It  is  convenient  to  accompany  this  description  with  a  map  or  diagram  of 
the  lot,  and  of  any  surrounding  landmarks  referred  to  throughout  the  paper. 
Then  follow  the  various  deeds,  wills,  etc.,  through  which  the  title  is  deduced  ; 
and  these,  if  the  chain  is  sufficiently  simple,  are  best  arranged  in  chronologic 
order.  Where,  however,  one  portion  of  the  property  is  derived  from  one 
source,  and  another  portion  from  another,  it  is  convenient  to  trace  the  title  to 
one  portion  down  to  a  point  where  both  are  found  to  belong  to  one  owner,  then 
to  go  back  and  trace  tlie  title  of  the  residue  down  to  the  same  point,  and  then, 
from  that  time,  to  trace  the  title  of  the  whole,  down  to  the  date  of  inquiry. 
The  various  documents  abstracted  should  be  numbered  in  their  order,  to  assist 
reference.  At  the  end  of  the  list  of  transfers,  is  placed  such  certificate  as  the 
counsel  thinks  it  expedient  to  give,  as  to  the  completeness  of  the  title.  And 
to  tlie  whole  are  appended  such  official  searches,  and  other  paper  proofs  that 
the  land  is  free  from  other  encumbrances  and  liens,  as  the  nature  of  the  case 
requires. 

No.  3.  General  Form  of  Abstract  of  Title. 

Abstract  of  the  Title 

of 

X.  Y.  Z. 

To  premises  fronting  upon 
street,  in  the  city  of  New  York,  and 
described  as  follows: 
Beginning  at  a  point  on  the  southerly  side  of  Fifty- 
first  street,  distant  one  hundred  and  fifty  feet  east  of  the 
easterly  side  of  the  Third  Avenue ;  running  thence  east- 
erly along  Fifty-first  street  fifty  feet;  thence  southerly  and 
parallel  with  said  avenue,  one  hundred  feet  and  five  inches 
to  the  centre  line  of  the  block ;  thence  westerly  and  paral- 
lel with  Fifty-first  street,  fifty  feet;  thence  northerly  and 
parallel  with  Third  Avenue,  one  hundred  feet  five  inches 
to  the  place  of  beginning. 

This  parcel  of  land  comprises  two  city  lots,  both  of  which  were  many 
years  ago  embraced  in  what  is  known  as  the  Old  Elm  Farm,  which  was' 
conveyed,  some  time  prior  to  1836,  to  Messrs.  A.  B.  and  0.  D.  I  am  in- 
structed to  assume  their  title  as  good  at  the  date  of  the  conveyance  first 
mentioned  below.  The  title  to  the  two  lots  continues  united  until  1844, 
when  they  were  separately  conveyed,  as  appears  by  the  deeds  marked  VII. 
and  XI.  respectively. 


ABBOTTS'  FORMS. 


Abstnicts  of  Title. 


By  the  deeds  marked  X.  and  XIII.  they  were  subsequently  both  vested 
in  Q.  R.,  from  whom  the  title  of  Mr.  X.  Y.  Z.  is  deduced. 


I. 


A.  B.,  and  0.  D.,  and  E.  D.  his  wife, 

to 

E.  F. 


Deed  dated  30th  June,  1836.    Re- 
corded,  9th   July,   1836,    in    Liber 
("356    of  Conva,    p.   529.     Oonsid., 
$7,600. 


Conveys  aU  that  piece  or  parcel  of  land,  known  as  the  Elm  Farm,  situated 
upon  both  sides  of  the  Third  Avenue,  in  the  city  of  New  York,  and 
bounded  on  the  east  by  the  road  called  the  Old  Boston  Post-road ;  on  the 
south,  by  lands  formerly  owned  by  U.  K.,  deceased;  on  the  west,  by  lands 
belonging  to  the  corporation  of  the  city  of  New  York,  usually  called  the 
Common ;  and  on  the  north,  in  part  by  land  owned  by  S.  B.,  and  in  part  by 
land  owned  by  B.  B.,  containing  acres,  more  or  less. 

Warranty  against  grantors  and  persons  claiming  under  them. 

Deed  duly  acknowledged.     Wife  separately  examined. 

It  appears,  by  an  aflBdavit  of  K.  D.,  in  the  possession  of  J,  L.  M.,  attorney- 
at-law,  a  copy  of  which  is  annexed  to  this  abstract,  that  A.  B.  was  never 
married. 


E.  F. 

with 
G.  H.  and  K.  L. 


Agreement  for  sale  of  premises, 
dated  5th  June,  1839.  Recorded  in 
Liber  371  of  Convs.,  p.  153.  Con- 
sid.,  $17,000. 


Agrees  to  convey  same  premises,  employing  same  description. 

E.  F.  died  3d  August,  1840,  leaving  nine  children — viz.,  Mary  Jane,  wife 
of  I.  J.,  Eliza  Ann,  John,  Henrietta,  Caroline  MatUda,  Emily,  WiUiam, 
Thomas,  and  Charlotte  Amelia. 

I.  J.  was,  on  7th  March,  1841,  appointed  guardian  of  eight  infant  or  minor 
children  of  E.  F. 

On  the  23d  March,  1841,  the  Court  of  Chancery  ordered  the  said  minors, 
by  their  guardian,  to  convey  the  said  premises  to  G.  H.  and  K.  L.,  pursuant 
to  agreement. 

ni. 


Eliza  Ann,  John,  Henrietta,  Caroline 
Matilda,  Emily,  William,  Thomas, 
and  Charlotte  Amelia  F.,  by  I.  J., 
their  guardian, 

to 
G.  H.  and  K.  L. 


Deed  dated  14th  July,  1841.  Re- 
j.  corded,  29th  July,  1841,  in  Liber 
I  420  of  Convs.,  p.  221. 


ABSTRACTS  OF  TITLE. 


Abstract  of  Deed.  Of  Will. 

Recites  agreement  of  June  5,  1829  (^o.  II.,  above),  death  of  E.  F.,  ap- 
pointment of  I.  J.  as  guardian,  and  order  of  Court  of  Chancery  above  men- 
tioned, and  in  consideration  of  premises  conveys  eight  undivided  ninths  of 
Elm  Farm,  by  same  description  as  in  No.  I. 

No  covenants. 

IV. 

"1 


I.  J.,  and  Mary  Jane  his  wife, 

to  1-  corded,  29th  July,  184:1,  in  Liber  420 

G.  H.  and  K.  L.  of  Convs.,  p.  225. 

Conveys  one  undivided  ninth  of  Elm  Farm,  by  same  description  as  in 
No.  I. ;  and  with  same  recitals. 
No  covenants. 

Messrs  G.  H.  «&  K.  L.  caused  to  be  prepared  and  filed  in  the  Register's 
oflBce  a  map  of  this  tract,  according  to  a  survey  by  Daniel  Ewen,  city 
surveyor.  It  is  in  a  tin  case,  and  numbered  126.  The  premises  in  question 
are  designated  upon  this  map  as  lots  22  and  23. 


V. 


Will 

of 

K.  L. 


Dated  February  25, 1842.     Proved 
■  October  20, 1842.  Recorded  in  Liber 
90  of  WiUs,  p.  307. 


Devises  all  the  real  property  of  the  testator,  mentioning,  among  other 
lands,  one  undivided  half  interest  in  the  lands  known  as  the  Old  Elm  Farm, 
and  more  lately  surveyed  and  laid  out  in  lots  by  Daniel  Ewen,  city  surveyor, 
unto  A.  L.  and  B.  K.,  his  executors,  in  trust  to  sell  the  same,  and  with  the 
proceeds  to  defray  certain  debts  and  legacies. 

It  appears,  by  recitals  in  a  codicil  to  this  will,  that  Annette,  wife  of  K.  L., 
died  a  year  or  two  previous  to  himself.  ■» 


VL 

G.  H    and  Mary  his  wife  and  A.  L. ]      j^^^^  ^^^  ^^  ^g    jg^g^    j^^. 
and  B.  K,  executors  of  K.  L.,  ^^^^^^  ^p^j  2^^ ,  g^3^  !^  ^^^^  ^^ 


to 
M.  N. 


of  Convs.,  p.  265.     Consid.,  $2,000. 


Conveys  four  lots,  distinguished  on  a  map  made  by  Daniel  Ewen,  city 
surveyor,  of  four  hundred  lots,  formerly  composing  Elm  Farm,  and  owned 
by  G.  H.  and  K.  L.,  as  numbers  20,  21,  22,  and  23,  bounded  as  follows: 


ABBOTTS'  FORMS. 


Abstract  of  Deed.  Of  Mortgage. 

Commeacing  at  a  point  on  the  southerly  side  of  Fifty-first  street,  distant 
one  hundred  feet  east  of  the  easterly  side  of  the  Third  Avenue ;  run- 
ning thence  southerly  along  the  rears  of  lots  numbered  19, 18,  17,  16,  and 
15,  on  said  map,  one  hundred  feet  five  inches  to  the  centre  line  of  the  block ; 
thence  easterly  and  parallel  with  fifty-first  street,  one  hundred  feet ;  thence 
northerly  and  parallel  with  Third  Avenue,  one  hundred  feet  and  five  inches 
to  the  southerly  side  of  Fifty-first  street ;  thence  westerly  along  the  south- 
erly side  of  Fifty-first  street,  one  hundred  feet  to  the  place  of  beginning. 

Covenants  against  grantors'  acts. 

Wife  separately  examined. 

From  this  point,  the  titles  to  the  two  lots  composing  the  premises  in  ques- 
tion were  for  a  time  held  separately.  I  proceed  first  with  the  title  to  the 
westerly  lot,  number  22. 


VII. 


M.  N".,  and  E.  J.  F.  his  wife, 


O.  P. 


Deed  dated  June   9,  1844.      Re- 


to  }^  corded  June  10,  1844,  in  Liber  459 


J 


of  Convs.,  p.  26.     Consid.,  $900. 


Conveys  all  that  lot,  piece,  or  parcel  of  land  in  the    .  ward  of 

the  city  of  New  York,  distinguished  on  a  map  made  by  Daniel  Ewen,  city 
surveyor,  of  four  hundred  lots  of  land  in  the  city  of  New  York,  owned  by 
G.  H.  and  K.  L.,  as  number  22,  and  bounded  as  follows:  On  the  north  by 
the  southerly  side  of  Fifty-first  street ;  on  the  west,  by  the  rears  of  lots 
numbered  19,  18,  17,  16,  and  15,  on  the  said  map;  on  the  south,  by  the 
centre  line  of  the  block ;  and  on  the  east,  by  lot  numbered  23  on  the  map ; 
containing  in  breadth  in  front  and  rear  twenty -five  feet,  and  in  length  on 
last  side  one  hundred  feet  five  inches,  be  the  same  more  or  less. 

FuU  covenants.     Wife  separately  examined. 


vni. 


0.  p. 

to 


Mortgage  dated  June  9,  1844.  Re- 
corded June  10,  1844,  in  liber  80  of 
Mortg's,  p.  209. 


To  secure  $500  of  the  purchase-money  in  the  last-mentioned  deed. 
Mortgages  the  lot  conveyed  by  the  last-mentioned  deed,  employing  same 
description. 


ABSTRACTS  OF  TITLES. 


Abstract  of  Proceeding  in  Foreclosure. 


In  Chancery,  before  the  Vice-Chancellor.  Afterwards,  Supreme  Court  of 
the  State  of  New  York. 

IX. 

M.  N.  '^ 

against 
O.  P.  and  Mary  his  wife,  G.  C,  T.  /►Foreclosure. 
J.  0.,  D.  E.,  and  the  F.  and  J. 
Eailroad  Company. 

1845,  Aug.  6. — Bill  filed  to  foreclose  mortgage  last  mentioned ;  Nov,  8, 
answer  of  defendant,  G.  C. ;  Nov.  28,  answer  of  O.  P.  and  wife;  Dec.  29, 
replication  filed. 

Notice  of  hearing  for  third  Monday  of  July,  1846,  and  proof  of  service 
on  attorneys  who  have  appeared. 

Order  to  close  proofs,  March  4,  1846,  and  proof  of  service. 

1846,  July  17. — Decree  of  sale  to  be  made  by  one  of  the  masters  in 
Chancery. 

1850,  Nov,  11. — Judgment  of  general  term  Supreme  Court  affirming  de- 
cree of  sale,  and  directing  sale  to  be  made  by  A,  F.  N,,  as  referee, 

1850,  March  26. — Order  taking  bill  as  confessed  as  against  T.  J,  0.,  D,  E,, 
and  the  F,  and  J.  E.  E.  Co.,  made  and  filed  as  of  1st  July,  1846. 

Eeport  of  sale  contains  sales  map  referring  to  the  Ewen  map  already 
mentioned,  on  which  the  premises  to  be  sold  are  designated  as  lot  No,  22. 


A.  F.  N.,  Eeferee, 

to 

Q,  E. 


Deed  dated  20th  March,  1850.  Ee- 
•  corded  25th  May,  1850,  in  Liber  506 
of  Convs.,  p.  21. 


Eecites  decree  of  1846  and  order  of  1850,  and  conveys  lot  No.  22,  as  de- 
scribed in  the  conveyance  marked  VII.,  above. 

I  now  return  to  trace  the  title  to  the  easterly  lot  No,  23,  from  the  con- 
veyance to  M.  N,,  numbered  VI.,  above. 


XI. 


M.  N.,  and  E.  J.  N.  his  wife, 

to 

S,  T, 


Deed  dated  June  20,  1844,  Ee- 
>  corded  June  26,  1844,  in  Liber  459 
of  Convs.,  p,  275.     Consid.,  $925. 


Conveys  all  that  lot,  piece,  or  parcel  of  land  in  the  ward  of  the 

city  of  New  York,  distinguished  on  a  map  made  by  Daniel  Ewen,  city  sur- 
veyor, of  four  hundred  lots  of  land,  in  the  city  of  New  York,  owned  by  G. 


10  ABBOTTS'  FORMS. 


Abstract  of  Deed. 


H.  and  K.  L.,  as  No.  23,  and  bounded  as  follows:  On  the  north,  by  the 
southerly  side  of  Fifty-first  street ;  on  the  -west,  by  lot  numbered  22  on  said 
map ;  on  the  south,  by  the  centre  line  of  the  block ;  and  on  the  east,  by 
lot  numbered  24  on  said  map,  containing  in  breadth  in  front  and  rear 
twenty -five  feet,  and  in  length  on  each  side  one  hundred  feet  five  inches,  be 
the  same  more  or  less. 

Full  covenants.     Wife  separately  examined. 

It  appears  that  S.  T.  died  intestate  prior  to  Feb.  1, 1853,  leaving  his  sons, 
James,  Henry,  and  William,  his  heirs-at-law.  I  am  reliably  informed  that 
neither  of  the  sons  was  married  at  the  date  of  the  next-mentioned  deed. 


Ellen  T.,  widow  of  S.  T.,  deceased, 
and  James  T.,  Henry  T.,  and  Wil- 


xn. 

1 


Deed  dated  Feb.  1,   1853.     Re- 


liam  T.,  heirs-at-law  of  S.  T.  1- corded  April  29,  1853,  in  Liber  530 


to 
U.  Y. 


of  Convs.,  p.  451.     Consid.,  $1. 


J 


Recites  the  deed  of  last  above  mentioned,  numbered  XL,  and  the  death 
of  S.  T.,  leaving  the  parties  of  the  first  part,  his  widow  and  heirs-at-law, 
and  conveys  the  same  lot  as  is  described  in  the  deed  numbered  XL,  above, 
together  with  the  buildings  thereon.     ~ 

Habendum  in  trust  to  sell  and  convey  the  same  as  soon  as  an  advantageous 
price  can  be  obtained,  and  invest  the  proceeds  in  dividend-paying  stocks, 
for  the  benefit  of  Mrs.  EUen  T.,  for  her  life,  with  remainder  to  the  three 
sons. 

Mrs.  T.  is  made  a  party  for  the  purpose  of  relinquishing  her  right  of 
dower. 

xm. 

U.  V.  I      Deed  dated  August  16,  1854.     Re- 

to  j- corded  Sept.  1,  1854,  in   Liber  540 

Q^  E^  I  of  Convs.,  p.  307.     Consid.,  $8,000. 

t 

Recites  last-mentioned  deed,  and  conveys  same  premises  by  same  de- 
scription. 

Habendum  in  fee. 

Covenants  against  grantors'  acts  only. 

A  mortgage  for  $5,000,  part  of  the  purchase-money,  recorded  in  Liber 
159  of  Mortgages,  p.  200,  has  been  discharged  of  record. 

From  this  point,  both  lots  will  be  considered  together. 

Q.  R.  appears  to  have  been  an  alien ;  but  any  right  in  these  lots  which 
would  have  arisen  to  the  people  of  the  State,  by  escheat,  was  released  to 
his  son,  by  the  following  act : 


ABSTRACTS  OF  TITLES.  11 


Abstract  of  Statute. 


XIV. 

-"1 


An  Act  to  release  the  interest  of  the 
people    of   this    State   in   certain 


Passed   June  4,   1855,  by  a  two- 


lands  in  the  city  of  New  York,  ^  thirds  vote.     Session  Laws,  ch.  210, 


conveyed  by  N".  J.  and  U.  V.  to  Q. 
K.,  and  which  escheated,  on  his 
death,  to  his  son,  James  Henry  R. 


p.  860. 


Enacts  that  all  the  right,  title,  interest,  and  estate  of  the  people  of  this 
State,  acquired  by  escheat,  upon  the  death  of  Q.  R.,  late  of  the  city  of  New 
York,  in  and  to  the  premises  described  in  the  heading  to  this  abstract,  are 
released  to  his  son,  James  Henry  R, 

I  find  no  evidence  of  the  alienage,  marriage,  or  death  of  Q.  R.,  except 
such  inference  as  may  be  drawn  from  the  above  act.  But  assuming  those 
facts  to  be  true,  it  is  evidently  possible  that  his  widow  may  be  still  living. 

Inasmuch  as,  by  laws  of  1845,  ch.  115,  the  wife  of  an  alien  is  declared 
entitled  to  dower,  and  as  the  releasing  act  above  mentioned  purports  to 
convey  only  the  interest  of  the  people,  I  am  of  opinion  that  the  wife  of 
Q.  R.,  if  she  survived  him,  was  dowable  in  these  lands.  It  cannot  well  be 
contended  that  the  act  of  release  above  mentioned,  though  later  in  date, 
overrides  the  provisions  of  the  act  of  1845.  I  find  no  release  or  transfer  of 
this  right. 


James  Henry  R.,  and  Mary  Julia  his  ]      ^^^^  ^^^^^  ^p^.^  ^^^  ^gg j_     ^^_ 
tQ  I  corded  April,   1861,  in    Liber  610, 


^^   ^  ,  Oonvs.,  p.  426.    Oonsid.,  $12,000. 


Conveys  the  premises  in  question,  with  the  buUdings  thereon,  by  the  de 
scription  employed  at  the  head  of  this  abstract. 
Habendum  in  fee-simple. 


Full  covenants. 

"Wife  separately  examined. 


XVL 


V  w. 

Mortgage  dated  April   14,  1861. 
*°  \  Recorded  April  18,  1861,  in  Liber 

James  Henry  R.,  and  Mary  Julia  his  |  qqq^  Mortg's,  p.  212. 
wife. 

To  secure  $9,000  of  the  purchase-money  mentioned  in  the  conveyance 
last  above  specified.     Mortgages  the  premises  in  question,  and  buildings 


12  ABBOTTS'  FORMS. 


Acknowledgment  (and  Proof)  of  Deeds. 


thereon.     Contains  the  usual  interest  and  insurance  clauses.    Bond  for  pay- 
ment of  principal  in  five  years  from  date,  with  interest  semi-annually. 


XVII. 


V.  W.,  and  Jane  his  wife, 

to 

X.Y.  Z. 


Deed  dated  June  20,  1865.  Re- 
corded June  20,  1865,  m  Liber  680, 
Convs.,  p.  310.     Consid.,  |5,000. 


Conveys  the  premises  in  question,  with  the  buildings  thereon,  by  the  de- 
scription employed  in  the  heading  to  this  abstract. 

Habendum  in  fee,  but  subject  to  the  mortgage  last  above  mentioned, 
which  grantee  assumes  to  pay. 

Covenants  of  seizure ;  of  power  to  convey ;  for  quiet  possession ;  against 
encumbrances,  except  said  mortgage ;  for  further  assurance ;  and  for 
warranty. 

From  an  examination  of  the  transfers  above  mentioned,  and  the  affidavit 
and  searches  annexed,  I  am  of  opinion  that  X.  Y.  Z.  is  seized  of  a  good 
estate,  in  fee-simple,  in  the  premises  in  question,  subject  only  to  a  riglit  of 
dower  in  Mrs.  Q.  R.,  if  living,  and  to  the  mortgage  above  mentioned, 
marked 

[Date.]  [Signature  of  counsel] 

[Here  may  follow  any  affidavit  or  exhibit  referred  to  in  the  abstract,  and  the 
official  certificates  of  the  register  of  deeds,  county  clerk,  and  other  proper 
officers,  showing  the  premises  free  from  encumbrances,  except  as  disclosed  in 
the  abstract.  For  forms  of  requisitions  for  these  certificates,  see  chapter 
"Searches."] 


CHAPTEE  m. 

ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS. 

A  DEED  is  said  to  be  acknowledged,  when  the  person  executing  it  comes 
before  a  public  officer  who  is  authorized  for  the  purpose,  and  admits  to  him 
that  it  is  a  genuine  instrument,  and  voluntarily  made,  and  the  officer  certifies 
the  fact  in  proper  form  upon  the  deed. 

A  deed  is  said  to  be  proved,  when  a  witness  comes  before  the  officer  and 
testifies  to  its  genuineness,  and  the  officer  certifies  thereto  in  the  same  way. 

These  officers  are  usually  justices  of  the  peace,  commissioners  of  deeds, 
notaries  public,  and  judges  of  courts. 

The  certificate  of  the  officer  is  commonly  designated  the  Acknowledgment, 
or  the  Proof. 

The  mode  and  the  eflfect  of  thus  authenticating  a  deed  of  lands  is  governed 
by  the  law  of  the  State  or  Territory  where  the  lands  lie,  not  by  tlmt  of  the 


ACKNOWLEDGMENT  OF  DEEDS.  Vd 

General  Principles. 

place  where  the  parties  may  be  when  it  is  executed.  For  obvious  reasons  of 
convenience,  however,  it  has  recently  been  enacted  in  the  statutes  of  several 
of  the  States,  that  a  deed  of  lands  therein,  executed  without  the  State,  but 
within  the  United  States,  may  be  executed  or  acknowledged,  or  both,  pur- 
suant to  the  law  of  the  place  of  its  execution,  with  like  effect  as  if  it  were 
done  according  to  the  law  of  the  place  of  the  property. 

Where  a  deed  is  •executed  and  acknowledged  without  the  State,  in  pursuance 
of  such  a  statute,  there  must  be  entire  conformity  with  the  one  law  or  the 
other,  both  as  to  the  olficer  and  as  to  the  contents  of  the  certificate.  The  laws 
of  both  States  cannot  be  invoked  to  sustain  an  acknowledgment  manifestly 
defective  when  tested  by  either,  (a) 

General  PH)icij)les. — The  following  remarks  will  illustrate  the  general 
principles  of  American  law  upon  this  topic.  It  will  be  observed  that  these 
principles  are  subject,  however,  to  numerous  local  exceptions,  which,  so  far  as 
they  relate  to  the  form  of  ^jroceeding,  are  noticed  at  the  head  of  the  forms 
given  for  each  State. 

In  general,  the  function  of  acknowledgment  or  proof  is  twofold — to  entitle 
the  deed  to  be  recorded,  and  to  entitle  it  to  be  read  in  evidence  in  courts  of 
justice,  without  further  proof  of  its  authenticity.  The  act  is  not  essential  to 
the  bare  validity  of  a  deed,  although  it  is  almost  indispensable  to  the  security 
of  a  purchaser.  But  in  Maryland,  New  Mexico,  North  Carolina,  and 
ViRGixiA,  acknowledgment  and  record  are  necessary  to  pass  the  title,  even  as 
against  the  grantor ;  and  in  Rhode  Island  deeds  are  void,  except  as  between 
the  parties  and  their  heirs,  unless  acknowledged  and  recorded.  (6) 

The  deeds  of  married  women  are  a  common  exception  to  the  general  rule. 
The  laws  of  many  of  the  States  provide  that  a  wife's  deed  is  not  valid  unless, 
upon  a  private  examination  made  separate  from  her  husband,  she  acknowledges 
that  she  executed  it  without  fear  or  compulsion.  This  is  not,  however,  re- 
quired as  to  lands  in  Alabama,  Indiana,  Kansas,  Maine^,  Maryland,  Mas- 
sachusetts, Vermont,  or  Wisconsin.  In  some  of  the  States  where  it  is  re- 
quired as  to  married  women  resident  within  the  State,  it  is  dispensed  with  as 
to  non-residents.  Tliis  is  so  in  the  laws  of  Dacotah,  Michigan,  Minnesota, 
and  Oregon.  By  the  laws  of  New  York,  neither  married  women  conveying 
their  separate  estate,  acquired  since  the  act  of  1848,  nor  non-resident  married 
women  joining  with  their  husbands  in  a  deed,  need  be  thus  privately  ex- 
amined. By  the  laws  of  Illinois,  the  private  examination  is  dispensed  with 
only  in  the  case  of  residents  without  the  State,  over  eighteen  years  of  age. 

Where  a  deed  is  executed  by  an  attorney  in  fact,  the  more  common  prac- 
tice is  to  have  the  power  of  attorney  acknowledged  or  proved  as  the  act  of 
the  principal,  and  to  have  the  deed  acknowledged  or  proved  as  the  act  of  the 
attorney,  and  to  have  both  recorded,  (c) 

In  a  great  many  of  the  States  it  is  the  rule  that  proof,  by  the  oath  of 
one  or  more  subscribing  witnesses  (except  as  to  a  married  woman's  execu- 
tion of  a  deed  under  the  laws  of  those  States  which  require  her  to  be  per- 
sonally and  separately  examined),  is  equivalent  to  an  acknowledgment  by  the 
grantor  in  person.  In  a  number  of  the  States,  however,  no  provision  is  made 
for  proof  by  witnesses,  except  in  case  an  acknowledgment  cannot  be  procured. 
In  one  or  two  of  the  States,  on  the  other  hand,  it  is  not  the  practice  to  ac- 
knowledge deeds  at  all,  but  always  to  prove  them  by  witnesses. 

In  most  of  the  States  it  is  the  rule,  that  a  deed  executed  by  several  grantors 
should  be  acknowledged  by  or  proved  as  to  each  one  of  them.  An  acknow- 
ledgment by  one  of  them  may  suffice  to  get  the  deed  on  record,  but  the 


(a)  Job    V.    Tibbetts,   4    Gihn.,    148  ;        (c)  In  the  statutes  of  Delaware  there 

Adams  v.  Bishop,   19  Ills,,  895  ;    Men-  is  a  provision  for  acknowledgment  by  at- 

tag  V.  Linn,  Id.,  399  ;   Farrell  Foundry  torney,  by  virtue  of  a  power  eitiier  con- 

V.  Dart,  2rt  Conn.,  376.  tained  in  the  deed  or  separate  from  it. 

(6)  See  also  chapter  of  Deeds.  Bev.  Code  (1852),  267. 


14  ABBOTTS'  FORMS. 


Instructions  for  taking  Acknowledgments,  etc. 


omission  of  any  acknowledgment  by  the  others  may  raise  doubts  on  the  part 
of  subsequent  purchasers.  It  is,  however,  only  those  who  convey  or  release 
some  interest  in  the  land  who  need  unite  in  the  acknowledgment.  A  grantee 
who  executes  the  deed  merely  to  bind  himself  by  personal  covenants,  need  not 
do  so. 

Officers  authorized  to  take  acknowledgment  or  proof,  are  generally  limited 
in  the  exercise  of  such  authority  to  the  place  or  district  for  which  they  are  ap- 
pointed ;  judges,  courts,  and  clerks  of  courts  being  limited  to  the  territorial 
jurisdiction  of  their  tribunal,  (d) 

llie  Forms. — Although  as  a  general  rule  it  Is  enough  if  the  certificate 
shows  a  substantial  compliance  with  the  statute,  and  formal  and  verbal  de- 
partures from  the  form  and  words  of  the  statute  are  not  regarded  as  fatal,  {e) 
yet  language  of  the  same  force  and  import  must  be  used  ;  (/)  and  it  is  best  to 
follow  the  words  of  the  act  so  far  as  they  can  serve  as  a  guide,  and  for  the  rest 
to  pursue  the  methods  of  established  precedents. 

Care  is  necessary  on  the  part  of  the  officer  as  to  the  form  of  the  certificate 
which  he  signs,  whether  it  be  drawn  by  him  or  drawn  by  a  party  or  attorney  ; 
as  he  may  perhaps  be  chargeable  with  damages  resulting  from  the  use  of  an 
insufficient  certificate,  {g)  A  mistake  in  the  certificate  may  be  corrected  by  the 
officer  who  made  it,  at  any  time  afterwards  during  his  term  of  office ;  {h\  except 
that  where  the  statute  makes  the  validity  of  the  instrument  depend  ujwn  the 
record,  he  cannot  amend  his  certificate  after  the  deed  has  been  recorded,  u) 

In  the  following  pages  are  given,  under  the  names  of  the  several  States  and 
Territories  of  the  Union,  forms  for  all  ordinary  cases,  framed  in  this  way, 
agreeably  to  the  laws  and  the  practice  of  their  respective  jurisdictions.  As 
the  laws' of  New  York  on  this  subject  have  been  copied  in  several  other  States, 
and  the  practice  there  is  Well  settled,  we  give  among  the  forms  for  that  State 
a  large  number  adapted  to  peculiar  cases,  which  will  be  found  serviceable 
guides  in  framing  certificates  for  similar  cases  in  other  States  generally,  {j) 

In  respect  to  the  use  of  the  forms,  it  is  the  better  practice  in  all  cases  to 
write  the  certificate  upon  the  same  paper  on  which  the  instrument  is  written  ; 
although  in  some  States  the  law  or  settled  practice  sanction  a  certificate  upon 
a  separate  paper,  firmly  annexed.  Any  material  erasures  or  interlineations  in 
a  conveyance  should  be  noted  previous  to  the  execution,  above  the  place  where 
the  witnesses  are  to  sign ;  and  if  not  so  noted,  should  be  mentioned  in  the 


(d)  It  would  exceed  our  present  limits  Clarke  {Iowa),  413;    compare  Goode  v. 

to  enumerate  the  officers  within  and  with-  Smith,  13  Cal.,  81. 

out  each  State,  wlio  are  authorized  by  its  (g)  Fogarty  v.  Finlay,  10  Gal.,  239. 

laws  to  take  acknowledgments  and  proof.  (A)  Jordan  v.  Corey,  2  Ckirter  {Ind. ),  385. 

For  a  collection  of  the  provisions  of  law  on  (i)  Elliott  v.  Piersol,  1  Pet.  S.  C,  328. 

this  subject  we  must  refer  the  inquirer  to  (j)  We  desire  to  acknowledge  our  in- 

the  forthcoming  new  edition  of  Bouvier's  debtedness  to  Charles  Nettleton,  E.sq., 

Law  Dictionary,  the  article  in  which  upon  of  the  New  York  Bar,  conveyancer,  and  a 

this  subject  is  recent  and  complete.     We  commissioner  for  the  various  States  and 

are  indebted  for  advance  sheets  of  it  to  Territories  of  the  Union,  for  very  import- 

the  publisher,  Mr.    George  W,  Childs,  ant  assistance  in  the  preparation  of  these 

of  Philadelphia.     Tliornton  on  Conveyan-  forms.      The    resources   of   his    library, 

cing,  is  also  an  excellent  manual,  present-  which   contains  a  rare   collection  of  the 

ing  the  laws  of  the  States  very  fully  down  Statute  law  of  the  whole  country,  and  of 

to  about  the  date  of  its  publication,  2d  his  collection  of  manuscript  certificates, 

edition,  1854.  have  been  freely  placed  at  our  service ;  and 

(«)  Thurman  v.  Cameron,  24  Wend.,  87 ;  in  addition  to  this,  he  has  kindly  offered 

Cavender  t;.  Smith,  5  CTar^«  (/owa),  159;  us,  personally,  information   and   advice, 

Whit.iey  v.  Arnold,  10  Gal.,  531.  without  which  we  should  hav«  been  nn- 

(/)  Tiffany   v.    Glover,    3    Q.    Greene  able  to  present  so  complete  a  series  o: 

(Iowa),  387 ;    NN  ickersham  v.  Keeves,   1  forms,  as  we  trust  this  will  be  found. 


ACKNOWLEDGMENT  OF  DEEDS.  15 


Instructions  for  Certifying. 


officer's  certificate  of  proof  or  acknowledgment.  The  signature  of  the  officer 
sliould  be  followed  by  his  official  addition  or  title.  When  the  proof  or  ac- 
knowledgment of  an  instrument  is  taken  in  one  State  or  Territory  to  be  used 
in  another,  the  venue  of  the  certificate  shovdd  designate  that  in  which  the 
proof  or  acknowledgment  is  taken ;  and  the  body  of  the  certificate  should,  ac- 
cording to  the  general  usage,  give  the  official  title  of  the  officer  at  full  length ; 
and  his  signature,  with  his  official  seal,  should  be  accompanied  by  his  official 
title.  Directions  as  to  those  matters  of  form  in  the  execution  of  deeds,  which 
the  officer  is  commonly  relied  on  for,  are  given  at  the  head  of  the  forms  for  most 
of  the  States ;  and  where  it  is  not  otherwise  indicated,  a  wax  or  wafer  seal,  with 
some  impression  thereon,  and  two  subscribing  witnesses,  are  proper. 

I.  Oaths  and  affemations,  administered  okally  to  witnesses  in  takino 

ACKNOWLEDGMENT  OB  PROOF. 

PAOB 

4.  Oath  of  a  subscribing  witness,  taken  upon  the  Evangelists 20 

5.  The  same,  taken  by  uplifting  the  iiand 20 

6.  Affirmation  of  subscribing  witness 20 

7.  Oatli  of  a  witness  to  identity  of  party  or  subscribing  witness,  taken  on  tiie 

Evangelists 2C 

8.  The  same,  taken  by  uplifting  the  hand 21 

9.  Affirmation  of  witness  to  identity  of  party  or  subscribing  witness 21 

n.  Certificates    of    acknowledgment    and    proof    fob    the  tabiotts 

States,  etc. 
Alabama. 

10.  Acknowledgment 21 

11.  Proof  by  subscribing  witness 21 

Abeansas. 

12.  Acknowledgment  by  a  grantor  known  to  the  officer 22 

13.  By  a  grantor  not  personally  known 22 

.     14.  By  husband  and  wife,  of  a  joint  deed  of  the  wife's  land 22 

15.  By  the  same,  of  a  joint  deed  for  the  husband's  land 23 

16.  Proof  by  subscribing  witness 28 

17.  Proof  by  handwriting  of  grantor  and  subscribing  witnesses 23 

California. 

18.  Acknowledgment  by  one  or  more  grantors  known  to  the  officer 24 

19i  The  same,  where  wife  joins 25 

20.  By  a  grantor  not  personally  known  to  the  officer 25 

21.  Proof  by  subscribing  witness  personally  known  to  the  officer 25 

22.  By  one  not  personally  known 26 

Colorado. 

23.  Acknowledgment 26 

24.  The  same,  where  wife  joins 26 

Connecticut. 

25.  Acknowledgment  26 

26.  The  same,  of  a  deed  by  a  corporation 27 

Dacotah. 

27.  Acknowledgment 27 

28.  The  same  by  husband  and  wife,  where  she  resides  in  the  Territory 27 

29.  Authentication  of  acknowledgment  taken  without  the  State 28 


16  ABBOTT'S  FOKMS. 

Analysis  of  Chapter  of  Acknowledgmeuts. 

PAOB 

Dklawabe. 

80.  Acknowledgment 28 

81 .  The  same,  of  a  deed  by  a  corporation 28 

DisTKioT  OF  Columbia. 

82.  Acknowledgment 20 

88.  The  same,  where  wife  joins 29 

Florida. 

84.  Acknowledgment 80 

85.  The  same,  by  husband  and  wife 80 

86.  Acknowledgment  before  commissioner,  of  deed  executed  or  acknowledged 

without  the  State,  by  grantor  not  personally  known 80 

87.  Acknowledgment  before  judge  in  a  city  or  county  where  there  is  no  Florida 

commissioner 81 

88.  Certificate  of  clerk  to  be  annexed  to  the  foregoing 81 

Georoia. 

89.  Acknowledgment 81 

40.  The  same,  by  husband  and  wife 32 

41.  Proof  by  subscribing  witness 82 

42.  Acknowledgment  or  proof  taken  without  the  State  by  Georgia  commis- 

sioner       82 

Idaho. 

[Follow  forms  given  for  Nevada.] 

Illinois. 

43.  Acknowledgment  within  the  State  by  a  grantor  personally  known  to  the 

officer 88 

44.  The  same,  by  husband  and  wife,  where  wife  relinquishes  dower 83 

45.  Acknowledgment  within  the  State,  where  a  grantor  is  not  personally 

known 84 

46.  Acknowledgment  without  the   State,  where  the  grantor  is   personally 

known 84 

47.  The  same,  where  he  is  not  personally  known 85 

48.  Acknowledgment  without  the  State,  by  husband  and  wife,  where  wife  re- 

linquishes dower 35 

49.  By  the  same,  of  a  conveyance  of  the  estate  of  the  wife 35 

50.  Acknowledgment  without  the  State,  by  attorney  in  fact 86 

51.  Proof  without  the  State,  by  a  subscribing  witness 86 

52.  The  same,  when  the  grantor  and  .subscribing  witnesses  are  dead  or  cannot 

be  produced 86 

58.  Certificate  of  clerk  to  acknowledgment  taken  according  to  the  laws  of 

another  State 87 

Indiana. 

54.  Acknowledgment 87 

55.  Declaration  to  bar  dower  of  wife  under  age 37 

Iowa. 

56.  Acknowledgment  by  a  grantor  personally  known  to  the  officer 88 

57.  By  sheriff 3S 

58.  Where  the  parties  are  not  personally  known 38 

59.  Proof  by  witness,  where  the  grantor  is  dead  or  cannot  be  procured,  or  re- 

fuses to  acknowledge 89 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  17 


VAfiM 

Kansas. 

[Follow  forms  given  for  Iowa.] 

Kentucky. 

60.  Acknowledgment  within  the  State 89 

61.  The  same,  without  the  State 40 

Loubiana. 

62.  Authentic  act  of  sale,  and  wife's  renunciation 40 

63.  Acknowledgment  of  private  act 41 

Maine. 

64.  Acknowledgmen 42 

65.  The  same,  by  attorney  in  fact 42 

66.  The  same,  by  corporation 42 

Maryland. 

67.  Acknowledgment  within  the  State , 48 

68.  The  same,  by  husband  and  wife  43 

69.  Acknowledgment  taken  without  the  State 43 

70.  Affidavit  to  be  affixed  to  mortgages  of  land  and  to  mortgages  or  bills  of 

sale  of  personal  property 48. 

Massachusetts. 

71.  Acknowledgment  within  the  State M 

72.  The  same,  by  attorney  in  fact 44 

73.  Acknowledgment  without  the  State , 44 

Michigan. 

74.  Acknowledgment  within  the  State 45 

75.  The  same,  by  husband  and  wife 45 

76.  Acknowledgment  without  the  State 45 

77.  Acknowledgment  of  deed  by  a  corporation 46 

Minnesota. 

78.  Acknowledgment '.....     46 

79.  Acknowledgment  where  a  resident  married  woman  Joins  her  husband  in 

the  deed 46 

80.  Proof  by  subscribing  witness 47 

Mississippi. 

81.  Acknowledgment 47 

82.  The  same,  by  husband  and  wife 47 

83.  Proof  by  subscribing  witness 48 

84.  Authentication  of  acknowledgment  taken  by  a  judge  without  the  State. , .  48 

Missouri. 

85.  Acknowledgment  by  grantor  personally  known  to  the  officer 49 

86.  By  grantor  not  personally  known 49 

87.  By  husband  and  wife,  to  extinguish  dower 49 

88.  By  the  same,  to  convey  wife's  estate 50 

89.  Acknowledgment  of  conveyance  by  power  of  attorney 50 

90.  Proof  by  witness  where  grantor  is  dead,  or  cannot  be  procured,  or  refuses 

to  acknowledge 60 

Nebraska. 

[Follow  forms  given  for  Iowa.] 
2 


18  ABBOirS  FORMS. 


Nevada. 

[Follow  forms  given  for  California.] 

New  Haupshire. 

91.  Acknowledgment  within  the  State 51 

92.  Without  the  State 51 

New  Jersey. 

93.  Acknowledgment  within  the  State,  by  a  grantor  known  or  identified 52 

94.  The  same,  by  husband  and  wife 52 

95.  Of  deed  by  a  corporation 62 

96.  Of  deed  by  an  attorney 52 

97.  Proof  by  subscribing  witness 53 

98.  Proof  where  witness  is  dead  or  cannot  be  obtained 53 

99.  Acknowledgment  without  the  State 53 

New  Mexico. 

100.  Acknowledgment  by  a  grantor  personally  known  to  the  officer 64 

101.  By  grantor  not  personally  known 54 

102.  By  husband  and  wife 54 

New  York. 

103.  Acknowledgment  within  the  State,  by  grantor  known  to  the  officer 55 

104.  By  one  of  several  grantors  known  to  the  officer 55 

105.  By  two  or  more  grantors  known  to  the  officer , 55 

106.  By  grantor  not  known  to  the  officer 55 

107.  By  two  grantors,  one  known  and  one  not  known 55 

108.  By  five  grantors,  two  known  and  three  not  known 56 

109.  By  husband  and  wife,  known  to  tlie  officer 56 

110.  By  two  husbands  and  wives,  known  to  the  officer. 66 

111.  By  husband  and  wife,  not  known 67 

112.  By  husband  known  and  wife  not  known 67 

118.  By  wife,  in  a  separate  certificate 57 

114.  By  husband  and  wife,  resident  without  the  State 58 

115.  By  attorney  in  fact,  known  to  the  officer 58 

116.  By  the  same,  not  known 68 

117.  By  sheriff,  referee,  or  receiver 58 

118.  By  deputy  or  under-sheriff 59 

119.  By  executor  or  trustee 59 

120.  By  grantor,  after  attaining  majority,  to  confirm  deed  executed  during 

minority 59 

121.  Proof  within  the  State,  by  subscribing  witness  known  to  the  officer 59 

122.  By  subscribing  witness,  not  known 60 

128.  By  subscribing  witness  as  to  husband,  and  acknowledgment  as  to  wife. 


124.  The  same,  where  neither  are  known 61 

125.  By  subscribing  witness  known  to  officer,  where  grantors  are  husband  and 

wife  residing  without  the  State 61 

126.  The  same,  where  witness  is  not  known 61 

127.  By  subscribing  witness,  known'to  the  officer,  deed  being  executed  by  at- 

torney      62 

128.  Proof  of  deed  of  a  corporation,  signed  by  the  president,  known  to  the  of- 

ficer       62 

129.  The  same  of  a  deed  signed  by  the  president  and  cashier  or  secretary,  and 

proved  by  the  latter 62 

130.  Of  a  deed  by  a  religious  corporation 63 


AOKNOWLEDGMENT  AND  PROOF  OF  DEEDS,  19 

Analysis  of  Chapter. 

PAOK 

[New  York,  continued.] 

131.  The  same  of  a  deed  signed  by  the  rector  and  proved  by  the  clerk 63 

132.  Proof  of  deed  by  municipal  corporation 63 

1S3.  Petition  for  a  subpoena  to  compel  a  subscribing  witness  to  prove  the  exe- 
cution of  a  conveyance 64 

134.  Verification  thereof 64 

135.  Subpoena 64 

136.  Affidavit  of  service  thereof 65 

137.  Warrant  to  attach  witness  not  appearing 65 

138.  Commitment  of  witness  refusing  to  testify 65 

139.  Proof  by  handwriting  where  the  subscribing  witnesses  are  dead 65 

140.  Acknowledgment  or  proof  without  the  State 66 

141.  Authentication  by  county  clerk  to  be  annexed  to  a  certificate  of  acknowl- 

edgment or  proof  taken  according  to  the  laws  of  this  State,  to  be  used 

in  another  State 67 

North  Carolina, 

142 .  Acknowledgment  within  the  State 67 

143.  The  same,  by  husband  and  wife 67 

144.  Proof  by  subscribing  witness 68 

145.  Acknowledgment  or  proof  without  the  State,  before  a  judge  of  another 

State 68 

146.  Authentication  thereof 68 

147.  Acknowledgment  or  proof  without  the  State,  before  a  commissioner 68 

Ohio. 

148.  Acknowledgment  within  the  State 69 

149.  The  same,  by  husband  and  wife : 69 

150.  Acknowledgment  without  the  State,  by  a  single  person 69 

151.  The  same,  by  husband  and  wife 70 

152.  The  same,  by  an  attorney  in  fact 70 

Oregon, 

153.  Acknowledgment  by  grantor  known  to  the  officer 70 

154.  The  same,  by  grantor  not  known 71 

155.  By  husband  and  wife,  resident  and  known 71 

156.  Proof  by  subscribing  witness  known  to  the  officer 71 

157.  By  subscribing  witness,  not  known 71 

Pennsylvania. 

158.  Acknowledgment  within  or  without  the  State 72 

159.  The  same,  by  husband  and  wife 72 

160.  By  an  attorney  in  fact 72 

161.  The  same,  in  behalf  of  a  corporation 73 

162.  Acknowledgment  of  certificate,  by  special  partners 73 

Rhode  Island, 

163.  Acknowledgment  within  the  State 73 

164.  The  same,  by  husband  and  wife 74 

165.  Acknowledgment  of  a  separate  release  of  dower 74 

166.  Acknowledgment  without  the  State 74 

South  Carolina. 

167.  Proof  by  subscribing  witness 74 

168.  Acknowledgment  of  release  of  dower 75 

169.  Acknowledgment  of  renunciation  of  inheritance 75 

170.  Acknowledgment  without  the  State 76 


20  ABBOTTS'  FORMS. 


Analysis.     Oaths  and  affirmations. 

PAOE 

Tennessee. 

171.  Acknowledgment 76 

172.  The  same,  by  husband  and  wife 76 

173.  Proof  by  witnesses 76 

Texas. 

174.  Acknowledgment 77 

175.  Acknowledgment  by  wife,  of  deed  by  her  husband  and  herself,  of  her  sep- 

arate property 77 

176.  Proof  by  subscribing  witness 77 

Vermont. 

177.  Acknowledgment 78 

178.  Acknowledgment  by  agent  of  corporation 78 

Virginia. 

179.  Acknowledgment 78 

180.  Acknowledgment  by  married  woman 79 

Washington  Territory. 

181.  Acknowledgment 79 

182.  Acknowledgment  by  husband  and  wife 79 

West  Virginia. 

[Follow  forms  given  for  Virginia,  except  that  one  justice  may  take  an  ac- 
knowledgment.] 

Wisconsin. 

183.  Acknowledgment  by  a  grantor  known  to  the  officer 80 

184.  By  a  grantor  not  known  to  the  officer 80 

T.  Oaths  and  affirmations  administered  okallt  to  witnesses  in  taking 

ACKNOWLEDGMENT  OB  PROOF  OF  DEEDS. 

4.  Oath  of  a  SubscriMng  Witness^  taJcen  upon  the  Evangelists. 
"  You  do  solemnly  swear,  that  you  will  true  answers  make  to  such  ques- 
tions as  shall  be  put  to  you  in  regard  to  the  parties  to  the  deed  here  shown 
to  you,  and  the  execution  thereof.     So  help  you  God." 

5.  The  same,  taken  by  Uplifting  the  Hand. 
*'  You  do  swear,  in  the  presence  of  the  Everliving  God,  that  you  will  true 
answers  make  to  such  questions  as  shall  be  put  to  you  touching  the  parties 
to  the  deed  here  shown  to  you,  and  the  execution  thereof." 

6.  Affirmation  of  SubscriMng  Witness. 
"You  do  solemnly,  sincerely,  and  truly  declare  and  affirm,  that  you  will 
true  answers  make  to  such  questions  as  shall  be  put  to  you  touching  the 
parties  to  the  deed  here  shown  to  you,  and  the  execution  thereof." 

7.   Oath  of  a  Witness  To  Identity  of  Party  or  Subscribing  Witness,  taken 
on  the  Evangelists. 
''You  do  solemnly  swear,  that  you  wiU  true  answers  make  to  such  ques- 
tions as  shall  be  put  to  you  in  regard  to  the  identity  of  the  parties  [or  of  the 
subscribing  witnesses]  to  the  deed  here  shown  to  you.     So  help  you  God." 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  21 

Oaths,  etc.  Acknowledgment  and  proof  for  Alabama. 

8.  The  same,  Taken  by  Uplifting  the  Sand. 

"  You  do  swear,  in  the  presence  of  the  Everliving  God,  that  you  will  true 
answers  make  to  such  questions  as  shall  be  put  to  you  touching  the  identity 
of  the  parties  [or,  of  the  subscribing  witnesses]  to  the  deed  here  shown  to  you.*" 

9.  Affirmation  of  Witness  to  Identity  of  Party  or  Subscribing  Witness. 

"You  do  solemnly,  sincerely,  and  truly  declare  and  affirm,  that  you  will 
true  answers  make  to  such  questions  as  shall  be  put  to  you  touching  the 
identity  of  the  parties  [or,  of  the  subscribing  witnesses]  to  the  deed  here 
shown  to  you." 


11.  Oeetifioates   of   acknowledgment   and   peoof   for   the    vaeiois 

States,  etc. 

Alabama. 

[Deeds  are  usually  sealed ;  but  a  scroll  is  a  sufficient  private  seal.  There 
should  be  two  subscribing  witnesses ;  although,  unless  the  grantor  is  a  married 
woman,  or  cannot  write,  one  is  sufficient  if  the  deed  be  acknowledged  by  the 
grantor.  A  married  woman  need  not  be  privately  examined.  The  statute 
forms  given  below  state  that  the  deed  was  executed  on  the  day  of  its 
date.  The  courts  hold,  however,  that  this  is  not  to  be  regarded  as  essential ; 
and  that  it  will  be  enough,  prima  facie  at  least,  if  the  date  of  the  deed,  and 
that  of  the  certificate,  show  that  the  instrument  was  recorded  within  the  time 
fixed  by  law.(A)] 

10.  Aelcnowledgment.il) 

State  of  Alabama,  ) 
County  of  .    \ 

I,  M.  N.  [stating  also  title  of  officer],  hereby  certify,  that  A.  B.,  whose 
name  is  signed  to  the  foregoing  conveyance  [or  other  instrument],  and  who 
is  known  to  me,  acknowledged  before  me,  on  this  day,  th;it  being  informed 
of  the  contents  of  the  conveyance,  he  executed  the  same  voluntarily  on  the 
day  the  same  bears  date. 

Given  under  my  hand,  this  day  of  ,  one  thousand  eight 

hundred  and  .  [Signature  and  title.] 

11.  Proof  by  Subscribing  Witness.(m) 

State  of  Alabama,  ) 
County  of  .    ) 

I,  M.  N.  [stating  also  title  of  officer],  hereby  certify,  that  O.  P.,  a  sub- 
scribing witness  to  the  foregoing  conveyance  [or  other  instrument],  known 
to  me,  appeared  before  me  this  day,  and,  being  duly  sworn,  stated  that 

{k)  ParisonB  v.  Boyd,  20  Ala.,  N.  S.,  112,  knowledgments,  &c.,  taken  without  the 

and  cases  there  cited  ;    Carter  v.  Chaul-  State,  except  that,  in  such  case,  it  is  well 

dron,    21   Id.,  72;     Lea  v.  Polk  Countj'  for  the  officer  to  affix  his  seal,  if  he  have 

Co.,  21  How.  U.  S.,  493.  one. 

(Z)This   form  and    the    following    are  (m)  See  note  (Z).     To  entitle  a  deed  to 

given  by  statute.    Code  of  Alabama  (1S52),  probate,  there  must  be  two  subscribing 

'ii79.     The  same  forms  will  serve  for  ac-  witnesses.     Code,  §  1281. 


22  ABBOTTS'  FORMS. 


Acknowledgment  of  Deeds  for  Arkansas. 


A.  B.,  the  grantor  in  the  foregoing  conveyance  [or,  the  person  described  in, 
and  who  executed  the  foregoing  instrument],  voluntarily  executed  the  same 
in  his  presence,  and  in  the  presence  of  Q.  R.,  the  other  subscribing  witness 
thereto,  on  the  day  the  same  bears  date;  that  he  attested  the  same  in  Uio 
presence  of  the  said  A.  B.,  and  of  said  other  witness ;  and  that  such  other 
witness  subscribed  the  same  as  a  witness,  in  his  presence.(7i) 

Given  under  my  hand,  this         day  of  ,  one  thousand  eight 

hundred  and  [Signature  arid  title.] 

Arkansas. 

[A  scroll  or  a  durable  impression  on  paper  is  sufiBcient  as  a  private  seal  for  a 
deed.  Two  witnesses  are  necessary,  unless  the  grantor  acknowledges  the 
deed,  which  dispenses  with  the  necessity  of  any  witness.  The  certificate  of 
the  officer  should  be  indorsed  upon  the  deed,  and  must  be  attested  imder  his 
official  seal,  if  he  have  one.] 

12.  Acknowledgment  hy  a  Orantor  Known  to  the  Officer.(o) 

State  of  Alabama,  ) 
County  of  .    (     * 

Ox  THIS  day  of  •  ,  in  the  year  of   our  Lord  one  thousand 

eight  hundred  and  ,  before  me,  M.  N.,  an  acting  and  duly  commis- 

sioned justice  of  the  peace,  within  and  for  the  county  of  ,  in  the 

State  of  Arkansas,  appeared  in  person  A.  B.,*  to  me  personally  well  known 
as  the  person  whose  name  appears  upon  the  within  and  foregoing  deed  of 
conveyance,!  as  the  party  grantor,  and  stated  that  he  had  executed  the 
same  for  the  consideration  and  purposes  therein  mentioned  and  setforth,(j9) 
and  I  do  hereby  so  certify. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  as  such  justice  of 
the  peace,  at  the  county  of  ,  on  the  day  of  ,  18     . 

[Signature],  J.  P. 

13.  Acknowledgment  hy  a  Grantor  Not  Personally  Known  to  the  Officer. 

[As  in  the  preceding  form,  substituting  in  place  of  the  words  between  the 
*  and  the  t  the  following :]  who  being  per.sonally  unknown  to  me,  was,  by 
the  oaths  of  O.  P.  and  Q.  R.,  witnesses  duly  sworn  and  examined  by  me  as 
to  his  identity,  proven  to  my  satisfaction  to  be  the  identical  A.  B.  whose 
name  appears  upon  the  foregoing  deed  of  conveyance — . 

14.  Acknowledgment  by  Husband  and  'Wife.,  of  a  Joint  Deed  of  the  Wife's 

Land.{q) 
[As  in  Form  12  to  the  *,  continuing  thus:]  to  me  personally  well  known 
as  one  of  the  parties  grantor,  and  stated  that  he  had  executed  the  same 
for  the  consideration  and  purposes  therein  mentioned  and  set  forth,  and  I 
do  hereby  so  certify. 

(»)  As  to  the  necessity  of  pursuing  this  (/>)  This  reference  to  the  consideration 

statute  form,  see  Pliipps  v.  McGehee,  5  and  purposes  is  held  essential.    Jacoway 

Fort.,  413 ;  Dolin  v.  Gardner,  lo  Ala.,  758.  t.  Gault,  20  Ark.,  190. 

(o)  This    form    is    from   Gould's   Dig.  (q)  This  and  the  three  following  form.s 

(1858).  are  trom  QovWs  Dig.  (1858). 


ACKNOWLEDGMENT  AND  PEOOF  OF  DEEDS.     23 

Arkansas. 

And  I  FURTHER  CERTIFY,  that  on  this  day  voluntarily  appeared  hefore  me 
0.  B..  wife  to  the  said  A.  B.,'to  me  well  known(7')  to  be  the  person  whose 
name  appears  upon  the  within  and  foregoing  deed,  and,  in  the  absence  of 
her  said  husband,  declared  that  she  had,  of  her  own  free  will,  executed  the 
same,  for  the  purposes  therein  contained  and  set  forth,  without  compulsion 
or  undue  influence  of  her  said  husband. 

In  testimony  [etc.,  as  in  Form  12]. 

15.  Acknowledgment  ly  Husband  and  Wife,  of  a  Joint  Deed  for  Husband'' s 

Land. 

[As  in  Form  12  to  the  t,  continuing  thus:'\  as  one  of  the  parties  grautoi;, 
and  stated  that  he  had  executed  the  same  for  the  consideration  and  pur- 
poses therein  mentioned  and  set  forth. 

And  I  FURTHEK  CERTIFY,  that  on  this  day  voluntarily  appeared  before  me 
C.  B.,  wife  to  the  said  A.  B.,  to  me  well  known  to  be  the  person  whose 
name  appears  upon  the  within  and  foregoing  deed,  and,  in  the  absence  of 
her  said  husband,  declared  that  she  had,  of  her  own  free  will,  signed  and 
sealed  the  relinquishment  of  dower  therein  expressed,  for  the  purposes 
therein  contained  and  set  forth,  without  compulsion  or  undue  influence  of 
her  said  husband. 

In  TESTIMONY  [etc,  as  in  Form  12]. 

16.  Proof  by  Subscribing  Witness. 
State  of  Arkansas,  ) 

County  of  • ) 

Be  it  remembered,  that  on  this        day  of  i  18    »  before  me, 

M.  N.,  an  acting  and  duly  commissioned  justice  of  the  peace,  in  and  for  the 
county  aforesaid  *,  personally  appeared  O.  P.,  one  of  the  subscribing  wit- 
nesses to  the  foregoing  deed,  to  me  personally  well  known,  who,  being  by 
me  first  duly  sworn,  on  his  oath  stated  that  he  saw  A.  B.,  grantor  in  said 
deed,  subscribe  and  seal  said  deed  on  the  day  of  its  date  [or,  that  the  said 
A.  B.,  grantor  in  said  deed,  acknowledged  to  him,  on  the        day  of  , 

18  ,  that  he  had  subscribed,  sealed,  and  executed  said  deed],  for  the  uses, 
purposes,  and  consideration  therein  expressed ;  and  that  he  and  Q.  E.,  the 
other  subscribing  witness,  subscribed  the  same  as  attesting  witnesses,  at 
the  request  of  the  said  grantor. 

In-  testimony  [etc.,  as  in  Form  12]. 

17,  Froof  of  Handwriting  of  Grantor  and  Subscribing  Witnesses. 

[As  in  the  preceding  form  to  the  *  continuing  thus ;]  personally  came 
S.  T.  and  TJ.  Y,,  and  upon  their  oaths  stated  that  the  signatures  of  A.  B., 
the  grantor  in  the  within  and  foregoing  deed,  and  of  O.  P.,  a  witness  thereto, 
are  genuine,  and  are  in  the  handwriting  of  said  A.  B.  and  0.  P.,  respect- 
ively. 

In  testimony  [etc.,  as  in  Form  12]. 

(r)  Or  as  in  Form  13. 


24  ABBOTTS'  FORMS. 


Acknowledgment  of  Deeds. 


California. 

[A  scroll  is  a  sufficient  seal,  if  the  intent  to  affix  it  is  expressed  in  the  body 
of  the  instrument.  Two  witnesses  are  usual,  but  a  deed  which  is  acknow- 
ledged by  the  grantor  does  not  require  subscribing  witnesses.  The  certificate 
may  be  annexed  or  indorsed ;  and,  if  made  by  a  judge  or  clerk,  must  be  at- 
tested under  his  hand  and  the  seal  of  the  court ;  if  by  an  officer  who  has  a 
seal  oi  office,  under  such  fciil.  Forms  19  to  20  were  once  prescribed  by  law  as 
sufficient ;(«)  but  exact  conformity  is  not  essential.  The  two  essential  facta 
in  an  acknowledgment  are  the  officer's  knowledge,  or  the  proof  of  the  identity 
of  the  person,  and  the  fact  of  liis  acknowledgment  of  execution,  {t)  In  the  case 
of  an  acknowledgment  by  a  married  woman,  the  statement  that  she  was  made 
acquainted  with  the  contents  of  the  conveyance,  and  the  separate  examination, 
are  essential,  (m)  By  the  present  Codes  (18Y2),  a  seal  and  witnesses  are  not 
required]. 

18.  Short  Forms  now  in  Use. 
[  Ventie.']     On  this  day  of  ,  in  the  year  187    ,  before  me  [name 

and  title]  personally  appeared  A.  B.,  personally  known  to  me  [or,  proved 
to  me  on  the  oath  of  ]  to  be  the  person  whose  name  is  subscribed 

to  the  within  instrument,  and  acknowledged  to  me  that  he  executed  the 
same.  {If  a  married  wjman,  instead  of  the  words,  "  and  acknowledged 
to  me,  &c.,  sa^ — described  as  a  married  woman,  and  upon  an  examination 
without  the  hearing  of  her  husband,  I  made  her  acquainted  with  the  con- 
tents of  the  instrument,  and  thereupon  she  acknowledged  to  me  that  she 
executed  the  same,  and  that  she  does  not  wish  to  retract  such  execution.] 


19.  Acknowledgment  where  a  Wife  Joins.     Old  Form,  (w) 

State  of  ,  ) 

>  ss. 
County  of        .  ) 

I  HEBEBY  CERTIFY,  that  on  this        day  of  ,  18    ,   personally  ap- 

peared before  me,  M.  N.,  a  notary  public  [or,  judge,  or  other  title]  in  and 


(«)  Laws  of  Cat.,  1850-3,  p.  514.  strument  was  executed  voluntarily,  etc. 

(0  Henderson  v.  Grewell,  8  Cal.,  681 ;  The  fact  of  acknowledging  that   it  was 

and  see  Whitney  v.  Arnold,  10  Id.,  531.  so  executed  is  a  substantial  requirement 

The  statement  that  the  identity  of  the  of  the  statute,    Bryan  v.  Ramirez,  8  Id., 

person  was  known  or  proved  to  the  oflB-  461. 

cer  is  essential,  and  its  omission  fatal  to  The   words  "  freely  and  voluntarily" 

the  effect  of  the  recorded  conveyan'*'!,  as  are  not  essential.    The  voluntary  execu- 

notice.   Wolf  ®.  Fogarty,  6  CiJi.,  224;  Kel-  tion  will  be  presumed  from  the  fact  of 

sey  ».  Dunlap,  7  Id.,  160.    But  a  certifi-  acknowledging  the  execution.     Hender- 

cato  that  the  party  was  known  to  him,  son  v.  Grewell,  8  Id.,  581.    But  see  note 

is  sufficient,   though  omitting  the  word  (o),  p.  88,  infra. 

"  personally."      Hopkins  v.  Delaney,   8  (m)  Pease  v.  Barbiers,  10  Id.,  436. 

Id.,  85.    The  words,  "  described  in,  and  (t»)  If  taken  without  the  State,    add, 

who  executed,"  are  not  essential ;  it  is  "  In   testimont    whereof,"   etc.,  as   in 

enough   to   say,    "  whose  name  is  sub-  Form  12. 

scribed  to,"  etc.    Henderson  t.  Grewell,  (w)  A  deed  affecting  even  the  separate 

8  Id.,  58.  property  of  a  married  woman  must  be  thus 

It  is  not  enough  to  certify  that  the  in-  acknowledged. 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  ?5 

California. 

for  the  said  county,  the  within-named  A.  B.,  and  C.  B.  his  wife,  *  to  me 
personally  known  to  he  the  persons  described  in,  and  whose  names  aie 
subscribed  to,  the  within  [o?*,  annexed]  instrument,  as  parties  thereto,  and 
severally  acknowledged  that  they  severally  executed  the  same,  freely  and 
voluntarily,  for  the  uses  and  purposes  therein  mentioned.  And  the  said 
C.  B.,  having  been  by  me  first  made  acquainted  with  the  contents  of  such 
conveyance,  acknowledged  on  an  examination  had  by  me,  apart  from  and 
without  the  hearing  of  her  husband,  that  she  executed  the  same  freely  and 
voluntarily,  without  fear  or  compulsion,  or  undue  influence  of  her  husband, 
and  that  she  does  not  wish  to  retract  the  execution  of  the  same.(a;) 
[Seal,  if  any.]  Signature  and  title.] 


20.  Acknowledgment  hy  a  Grantor  2fot  Personally  Known  to  the  Officer. 

[As  in  either  preceding  form,  18  or  19,  substituting  for  the  words,  "to  me 
personally  known,"  etc.,  at  the*,  the  following:]  satisfactorily  proved  to  me 
to  be  the  person  described  in,  and  who  executed  the  within  [or,  annexed] 
instrument  as  a  party  thereto,  by  the  oath  of  O.  P.,  a  competent  and  credi- 
ble witness,  for  that  purpose  by  me  duly  sworn ;  and  he,  the  said  A.  B., 
acknowledged  [etc.,  continuing  as  in  stich  preceding  form.] 


21.  Proof  ly  Subscrihing  Witness  Personally  Known  to  the  Offiycer. 

State  of  , ) 

County  of  .     \  **• 

I  HEEEBT  OEETiFT,  that  On  this  day  of  ,  18      ,  personally 

appeared  before  me,  M.  N.,  a  notary  public  [or,  judge,  etc.,  or  other  title], 
in  and  for  said  county,  O.  P.,  who  is  a  competent  and  credible  witness,  * 
and  who  is  personally  known  to  me  to  be  the  person  whose  name  is  sub- 
scribed to  the  within  [or,  annexed]  conveyance  [or  other  instrument],  as  a 
witness  thereto  * ;  and  said  O.  P.,  being  by  me  duly  sworn,  stated  on  oath 
that  he  personally  knew  A.  B,,  who  executed  the  within  [or,  annexed]  in- 
strument, and  that  he  knew  him  to  be  the  person  described  in,  and  whose 
name  is  subscribed  to  the  same,  as  a  party  thereto ;  and  that  on  or  about 
the  day  of  ,  18      ,  the  said  A  B.,  in  the  presence  of  said 

O.  P.,  and  in  the  presence  of  Q.  R.,  the  other  subscribing  witness,  volun- 
tarily executed  the  same  [or,  to  them  acknowledged  that  he  had  freely  and 
voluntarily  executed  the  same],  for  the  uses  and  purposes  therein  men- 
tioned; and  that  said  O.  P.  thereupon  subscribed  his  name  thereto  as  a 
witness  thereof,  at  the  request  of  said  A.  B.  (y),  [and  that  such  other  wit- 
ness subscribed  his  name  thereto,  as  a  witness,  in  his  presence.](a;) 

[Seal,  if  any.]  [Signature  and  title.] 


(y)  See  note  (*),  p.  38,  in/ra.  "In   testimony   wheeeof,"   etc.,  as 

(x)  If  taken  without  the  State,  add,   form  12. 


26  ABBOTTS'  FORMS. 


Acknowledgineut  of  Deeds. 


22.  Proof  by  Subscribing  Witness  Not  Personally  Known  to  the  Officer. 

[As  in  preceding  fojin,  substituting  for  the  words  between  the  *  *  the  fol- 
lowing:] and  who  is  satisfactorily  proved  to  me  to  be  the  person  -whose 
name  is  subscribed  to  the  within  [or,  annexed]  instrument,  as  a  witness 
thereto,  by  the  oath  of  Y.  Z. 


Colorado. 

23.  Achnowledgment. 
Teebitoet  of  Ooloeado,  ) 

County  of  .     J 

Be  it  known,  that  on  this  day  of  ,  18      ,  before  me,  the 

subscriber,  personally  came  A.  B.,  to  me  personally  known  as  the  same 
person  described  in,  and  who  executed  the  foregoing  instrument  of  writing, 
and  acknowledged  the  execution  thereof  to  be  his  free  act  and  deed,  for 
the  uses  and  purposes  therein  mentioned.  * 

Witness  my  hand  and  oflficial  seal,  the  day  and  year  first  above  written, 

[Signature,  title,  and  seal.] 

24.  The  Same,  Where  Wife  Joins. 

[Insert  in  the  preceding  form  at  the  *;]  and  at  the  same  time  personally 
appeared  before  me  the  within-named  0.  B.,  wife  of  the  said  A.  B.,  who 
being  by  me  privately  examined  separate  and  apart  from  her  husband,  ac- 
knowledged that  she  signed,  sealed,  and  delivered  the  said  instrument  of 
writing  as  her  voluntary  act  and  deed,  freely  and  without  any  threat,  com- 
pulsion, or  fear  of  her  said  husband. 

Connecticut. 

A  scroll,  or  the  word  "  seal,"  is  a  sufficient  seal  for  a  deed.  There  should 
be  two  subscribing  witnesses.  But  there  is  no  provision  of  law  allowing  proof 
by  witnesses.  Married  women  need  not  be  separately  examined.  Deeds  exe- 
cuted in  another  State  or  Territory  may  be  executed  and  acknowledged  tliere, 
in  accordance  with  the  laws  thereof ;  (z)  but  both  execution  and  acknowledg- 
ment  must  be  so.  Execution  in  New  York  with  but  one  witness,  and  acknow- 
ledgment there  before  a  Connecticut  commissioner,  is  insufficient.(a)] 

25.  Achnowledgment. 
State  of  Connecticut,  ) 

County  of  .     J  [Date.] 

■  Personally  appeared  A.  B.,  signer  and  sealer  of  the  foregoing  instrument, 
and  acknowledged  the  same  to  be  his  free  act  and  deed,  before  me. 

[Signature  and  title.] 


(2)  Laws  of  Conn.,  1862,  ch.  8.  (a)  Farrell  Foundry  v.  Dart,  26  Conn., 

876 ;  and  see  19  M.,  395,  899. 


ACKNOWLEDGMENT  AND  PEOOF  OF  DEEDS.      27 

Colorado.  Dacotah. 


26.  Achnowledgment  of  a  Deed  of  Corporation. 
State  of  Connecticut,) 

County  of  .     \  [Date.] 

Personally  appeared  A.  B.,  who  being  duly  authorized  and  appointed  by 
vote  of  the  directors  of  the  said  [naming  the  corporation],  the  agent  of  said 
company  for  the  purpose  of  executing  the  foregoing  instrument,  acknow- 
ledged that  he  executed  the  same  as  the  free  act  and  deed  of  the  said  cor- 
poration, and  as  his  own  free  act  and  deed,  before  me. 

[Signature  and  title.} 

Dacotah. 

[Deeds  executed  without  the  State  and  within  the  United  States  may  be 
executed  according  to  the  laws  of  the  place  of  execution,  and  may  be  ac- 
knowledged before  any  officer  authorized  by  the  laws  of  the  place  to  take  ac- 
knowledgments. The  laws  do  not  provide  for  proving  a  deed  by  subscribing 
witnesses,  except  where  the  grantor  has  died,  or  departed  from,  or  resides  out 
of  the  Territory,  in  which  case  it  may  be  proved  by  such  a  witness  before  any 
court  of  record  in  the  Territory.] 

27.  AcTcnowledgment, 
Teebitory  of  Dacotah,) 

County  of  .     \ 

Be  it  eemembeeed,  that  on  this  day  of  ,  18      ,  before  me, 

the  subscriber,  personally  came  A.  B.,  to  me  personally  known  as  the  same 
person  described  in,  and  who  executed  the  foregoing  instrument  of  writing, 
and  acknowledged  the  execution  thereof  to  be  his  free  act  and  deed,  for  the 
uses  and  purposes  therein  mentioned. 

In  witness  wheeeof,  I  have  this         day  of  18    ,  made  this  cer- 

tificate and  hereunto  set  my  hand.  [Signature  and  title.] 

28.  AcTcnowledgment  by  Husband  and  Wife,  where  Wife  Besides  in  the 

Territory. {i) 
Teebitory  of  Dacotah,) 

County  of  .     ) 

Be  it  remembered,  that  on  this  day  of  ,  18      ,  before  me, 

the  subscriber,  personally  came  A.  B.,  and  C.  B.  his  wife,  to  me  personally 
known  as  the  same  persons  described  in,  and  who  executed  the  foregoing  in- 
strument of  writing,  and  acknowledged  the  execution  thereof  to  be  their 
free  act  and  deed,  for  the  uses  and  purposes  therein  mentioned.  And  the 
said  C.  H.,  being  at  the  same  time  examined  by  me,  separately,  apart  from 
her  said  husband,  did  acknowledge  that  she  executed  such  deed  freely  and 
without  any  fear  or  compulsion  from  any  one. 

In  witness  whereof,  I  have  on  this  day  of  ,  18      ,  made 

this  certificate,  and  hereunto  set  my  hand.  [Signature  and  title.] 

(6)  If  she  resides  without  the  Territory,  if  she  were  sole.  Laws  of  Dacotah,  26^ 
the  acknowledgment  may  be  the  same  as    (1862). 


28  ABBOTTS'  FORMS. 


Acknowledprment  of  Deeds. 


29.  Authentication  of  the  Certificate  of  an  Acknowledgment  Taken  Without 

the  State.{c) 

State  of  ,  County  of  ,     ) 

Office  of  Clerk  of  the  Court  of  .  f  **' 

I,  O.  P.,  clerk  \or  other  proper  certifying  officer]  of  the  conrt 

of  ,  being  a  court  of  record  of  said  county  [or,  district],  do  hereby 

certify  that  M.  N.,  the  person  whose  name  is  subscribed  to  the  annexed 
certificate  of  acknowledgment,  was  at  the  date  thereof  such  officer  as  he  is 
therein  represented  to  be ;  and  that  the  undersigned  believes  the  signature 
of  such  person  subscribed  thereto  to  be  genuine ;  and  that  the  deed  is  exe- 
cuted and  acknowledged  according  to  the  laws  of  this  State  [or,  Territory,  or, 
district]. 

Witness  my  hand  and  seal  of  office,  this  day  of  ,  18     . 

[Signature,  title,  and  seal.] 

Delaware. 

[A  scroll  is  a  sufficient  seal.  It  is  Tisual  to  have  two  subscribing  witnesses. 
Proof  by  witness  may  be  made  within  the  State  only  before  the  Superior 
Court.] 

30.  Achnowledgment.(d) 

State  of  Dblawaee,  ) 
County  of  .     \  **' 

Be  it  eemembered,  that  on  the  day  of  ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ,  personally  came  before  the 

subscribers,  two  of  the  justices  of  the  peace  for  county  aforesaid, 

A.  B.,  and  0.  B.  his  wife,  parties  to  this  indenture  [or,  if  it  be  not  an  in- 
denture, say,  instrument],  known  to  us  personally  [or,  proved  on  the  oath  of 
M.  N.,  of  ]  to  be  such,  and  severally  acknowledged  said  indenture  to 

be  their  act  [and  deed],  respectively ;  and  that  the  said  C.  B.,  being  at  the 
same  time  privately  examined  by  us  apart  from  her  husband,  acknow- 
ledged that  she  executed  the  said  indenture  [or,  instrument]  willingly,  with- 
out compulsion  or  threats,  or  fear  of  her  husband's  displeasure. 

Witness  our  hands,  the  day  and  year  aforesaid. 

[Signatures  and  titles.](e) 


(c)  This  is  to  be  made  by  the  clerk  or  ledgment  only,  or  a  private  examination 
other  proper  certifying  officer  of  a  court  only,  is  taken,  the  form  will  be  varied  ac- 
of  record  of  the  county  or  district  within  cording  to  the  case. 

which  the   acknowledgment  was  taken.         («)  Where  an  acknowledgment  is  taken 

It  is  not  necessary  where   tiie  acknow-  in    a    court,  the    authentication  will    be 

ledgment  is  taken  by  a  Dacotah  coinmis-  under  the  hand  and  seal  of  the  clerk  or 

Bioner.  prothonotary ;     if    before    the    chancel- 

(d)  This  form  is  provided  by  statute,  lor  or  other  officer,  it  will  be  under  his 
Laws  of  Del.,  267  (1852).       If  acknow-  hand. 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  29 

Delaware.  District  of  Columbia.  Florida. 

31.  Acknowledgment  of  a  Deed  of  a  Corporation.{f) 

State  of  Dela.wabe,  ) 
County  of  .     \ 

Be  it  ijkmembeeed,  that  on  the         day  of  ,  in  the  year  ^ 

before  us  [etc.]  came  A.  B.,  the  president  of  the  Bank  of  ,  to  us  per- 

sonally known,  and  who,  being  by  us  duly  sworn,  deposes  and  says :  That 
he  resides  in  the  village  of  ,  in  said  county ;  that  he  is  the  president 

of  the  Bank  of  ;  that  the  seal  affixed  to  the  within  indenture  is  the 

corporate  seal  of  the  president,  directors,  and  company  of  the  said  bank, 
and  was  affixed  to  the  said  indenture  by  order  of  said  directors,  for  the 
uses  therein  expressed ;  and  that  he,  by  like  order,  did  subscribe  his  name 
thereto,  as  president  of  said  bank. 

{Signatures  and  titles  of  magistrates.'] 

District  of  Columbia. 

[There  should  be  two  witnesses.] 
32.  AcTcnowledgment.{g) 
District  of  Columbia,  ss. 

Be  it  remembered,  that  on  the         day  of  ,  18      ,  before  us, 

M.  N.  and  0.  P.,  two  justices  of  the  peace  for  ,  A.  B,,  a  party  to  a 

certain  deed  bearing  date  the        day  of  j  18    ,  and  hereto  an- 

nexed, personally  appeared  [in   our  said  county  of  ],  the  said  A.  B. 

being  personally  well  known  to  us  as  the  person  who  executed  the  said 
deed,  and  acknowledged  the  same  to  be  his  act  and  deed.* 
Witness  our  hands,  the  day  and  year  first  above  written. 

[Signatures  and  titles.'] 

83.    TTie  Same,  'Where  "Wife  Joins. 

[Insert  in  tTie  preceding  form  at  the*\\  And  we  do  further  certify,  that 
0.  B.,  wife  of  the  said  A.  B.,  party  to  the  aforesaid  deed,  hereto  annexed, 
personally  appeared  before  us  [in  our  county  aforesaid] ;  and  said  C.  B., 
being  well  known  to  us  as  the  wife  of  said  A.  B.,  who  executed  the  afore- 
said deed,  and  being  by  us  examined  privily  and  apart  from  her  husband, 
acknowledged  the  same  to  be  her  free  act  and  deed,  and  that  she  had 
willingly  signed,  sealed,  and  delivered  the  same,  and  that  she  wished  not  to 
retract  it. 

Witness,  [etc.,  as  in  preceding  form.] 

Florida. 

[A  scroll  is  a  sufficient  seal.  The  execution  and  delivery  should  be  attested 
by  two  subscribing  witnesses.] 

(/■)  It  is  provided  by  the  laws  of  Dela-  legally  constituted  attorney,  of  such  cor- 

ware,  that  an  acknowledgment  of  a  deed  poration.     Laws  of  Del,,  267,  §  6  (1852). 
concerning  lands  or  tenements,  executed        {g)  This  is  the  proper  mode  of  acknow- 

by  a   corporation,  may  be  made  by  the  ledgment,  whether  taken  within  or  with- 

president   or   other   presiding  oflBcer,  or  out  the  district. 


30  ABBOTTS'  FORMS. 


Acknowledgment  of  Deeds. 


84.  Acknowledgment. 

State  op  Flobida,  ) 
County  of  .   J     ' 

On  this         day  of  ,  18    ,  before  me  [name  and  title  of  officer] 

personally  appeared  A.  B.,  to  me  known  to  be  the  person  described  in,  and 
who  executed  the  foregoing  instrument,  and  acknowledged  *  the  execution 
thereof  to  be  his  free  act  and  deed,  for  the  uses  and  purposes  therein  men- 
tioned. [Signature  and  title.] 

35.  Acknowledgment  ly  Husband  and  Wife. 

State  of  Florida,  ) 
County  of  .   S 

On  this  day  of  »  18    ,  before  me  [name  and  title  of  officer] 

personally  appeared  A.  B.,  and  0.  B.  his  wife,  to  me  known  to  be  the  per- 
sons described  in,  and  who  executed  the  foregoing  instrument,  and  severally 
acknowledged  *  the  execution  thereof  to  be  their  free  act  and  deed,  for  the 
uses  and  purposes  therein  mentioned,  f  And  the  said  C.  B.,  the  wife  of 
said  A.  B.,  on  a  private  examination  by  me,  separate  and  apart  from  her 
husband,  did  acknowledge  that  the  said  deed  [or,  mortgage,  or,  relinquish- 
ment and  renunciation,  &c.]  and  the  said  acknowledgment  was  made  freely 
and  voluntarily,  and  without  any  compulsion,  constraint,  apprehension,  or 
fear  of  or  from  her  said  husband.  [Signature  arid  title.] 

36.  Acknowledgment  Before  Commissioner,  of  Deed  Executed  or  Acknow- 
ledged Without  the  State,  by  Grantor  Not  Personally  Known,{h) 

State  of  Floeida,) 
County  of  .  j 

On  this        day  of  »  18    ,  before  me,  I.  K.,  a  commissioner  duly 

appointed  and  authorized  by  the  executive  authority,  and  under  the  laws  of 
the  State  of  Florida,  to  take,  within  the  State  of  ,  proof  and  acknow- 

ledgment of  deeds,  etc.,  to  be  used  and  recorded  in  said  State  of  Florida, 
personally  appeared  A.  B.,  who  was  proven  to  me  satisfactorily  to  be  the 
person  described  in,  and  who  executed  the  foregoing  instrument,  by  the 
oath  of  M.  N.,  who,  being  by  me  duly  sworn,  did  depose  and  say :  That  he 
resided  in  ,  in  the  county  of  ;  that  he  was  acquainted  with  the 

said  A.  B.,  and  that  he  knew  him  to  be  the  same  person  described  in,  and 
who  executed  the  within  conveyance;  and  thereupon  the  said  A.  B. 
acknowledged  [etc.,  continuing  as  in  Form  No.  M,from  the  *]. 

In  witness  whebeof,  I  have  hereunto  set  my  hand  and  affixed  my  seal  of 
office,  at  ,  the  day  and  year  first  above  written. 

[Signature,  title,  and  seal.] 


{h)  In  acknowledgments  of  deeds  exe-  in  the  certificate  of  acknowledgment  to 
cuted  or  acknowledged  without  the  State,  have  been  identified  by  proof.  Thompt. 
the  grantor,  if  not  known,  must  be  stated     Dig-,  182. 


ACKNOWLEDGMENT  AND  PEOOF  OF  DEEDS.  31 

Florida.  Georgia. 

37.  Aclcnowledgment  Before  Judge,  in  a  City  or  County  where  there  is  Ifo 

Florida  Commissioner. 
State  of  ,  ) 

County  of        .  ) 

Be  it  remembered,  that  on  this        day  of  >  18    ,  before  me, 

M.  N.,  the  chief-justice  [or,  one  of  the  judges,  or,  the  presiding  justice,  or,  the 
president]  of  the  court  of  [naming  any  court  of  record  having  seal  and 

clerk  or  prothonotary],  which  said  court  is  a  court  of  record,  personally  ap- 
peared at  ,  within  the  jurisdiction  of  said  court,  A.  B.  [and  C.  D.], 
to  me  known(z)  to  be  the  person  [or,  persons]  described  in,  and  who  exe- 
cuted the  foregoing  instrument,  and  [severally]  acknowledged  the  execution 
thereof  to  be  his  [or,  their]  free  act  and  deed,  for  the  uses  and  purposes 
therein  mentioned.  [If  a  married  woman  joins,  add  private  examination,  as 
in  Form  35,  from  the  t  to  the  end], 

[Signature  and  title  ofjtidge.] 

38.   Certificate  of  Cleric  to  be  Annexed  to  the  Foregoing. 

State  of  ,  ) 

County  of        .  [ 

I,  O.  P.,  clerk  [or,  prothonotary]  of  the  court  of  ,  at  ,  do 

hereby  certify  that  M.  N.,  the  person  whose  name  is  subscribed  to  the  an- 
nexed certificate  of  acknowledgment,  was  at  the  date  thereof  the  chief- 
justice  [or  other  judge]  of  said  court,  duly  appointed  as  such,  and  that  I , 
verily  believe  the  signature  of  his  name  subscribed  thereto  to  be  genuine. 

Witness  my  hand  and  seal  of  ofl5ce,  this        day  of  ,  18    . 


[Signature,  title,  and  seal.] 


Gteorgia. 


[A  conveyance  of  land  must  be  sealed,  (j)  but  an  ink-scroll  is  suflBcient  as 
a  private  seal.  (A)  A  deed  of  lands  which  is  not  officially  witnessed  within 
the  State,  must  be  executed  in  the  presence  of  two  witnesses,  who  must  sub- 
scribe as  such  ;  and  the  certificate  of  proof*by  a  witness  must  state  that  he  saw 
the  grantor  deliver  as  well  as  sign.(^)] 

89.  Acknowledgment. 
State  of  Geoegia,  ) 

County  of  • )      * 

Be  it  kemembeeed,  that  on  this  day  of  ,  one  thousand  eight 

hundred  and  ,  before  me,  the  undersigned  [naming  officer  and  title] 

personally  came  A.  B.,  to  me  known  to  be  the  person  described  in,  and 
who  executed  the  foregoing  [or,  within]  conveyance,  and  acknowledged  the 
same  to  be  his  free  act  and  deed.  [Signature  and  title.] 


(i)  If  not  known,  state   proof  of  the        (j)  Keinhart  v.  Miller,  22  Geo.,  402. 
Identity  of  the  grantor  by  witness,  as  in        {k)  Williams  v.  Greer,  12  Id.,  459. 
preceding  form.  {l)  Doe  v.  Lewis,  29  Id.,  45. 


32  ABBOTTS'  FOEMS. 


Acknowledgment  of  Deeds. 


40.  Acknowledgment  by  Husband  and  Wife. 

State  of  Geobgia„  ) 
County  of       .    J  *** 

Be  it  bemembesed,  that  on  this        day  of  »  18    »  before  me,  the 

undersigned  Inaming  officer  and  title\  personally  came  A.  B.,  and  C.  B. 
his  wife,  to  me  known  to  be  the  persons  described  in,  and  who  severally 
executed  the  foregoing  [or,  within]  conveyance,  and  severally  acknowledged 
the  same  to  be  their  free  act  and  deed.  And  the  said  C.  B.,  on  private  ex- 
amination by  me,  acknowledged  and  agreed  that  she  did,  of  her  own  free 
will  and  accord,  subscribe,  seal,  and  deliver  the  said  conveyance,  with  an 
intention  thereby  to  renounce,  give  up,  and  forever  quit-claim  to  Y.  Z., 
her  right  of  dower  and  thirds,  and  all  her  other  interest  of,  in,  and  to  the 
finds  or  tenements  therein  mentioned.  [^Signature  and  title.] 

41.  Proof  by  Subscribing  Witness.(m) 
State  of  Gboegia,  "/ 
County  of         .  )      ' 

Peesonaixt  came  before  the  undersigned  [one  of  the  justices  of  the  peace 
in  and  for  said  county],  M.  N.,  merchant,  who  resides  at  ,(n)  who, 

being  duly  sworn,  deposeth  and  saith,  that  he  saw  A.  B.  sign,  seal,  and  de- 
liver the  within  deed,  for  the  purposes  therein  mentioned ;  that  deponent 
subscribed  the  same  as  a  witness,  and  saw  O.  P.  do  so  likewise. 

[Signature  of  witness.] 
Sworn  to  and  subscribed  before  me,  this        day  of  ,  18    . 

[Signature  and  title  of  officer.] 

42.  Acknowledgment  or  Proof  Taken  Without  the  State,  by  Commissioner 

for  Georgia. 
State  of  ) 

County  of        .    j 

The  tjndeesiqned,  commissioner  of  the  State  of  Georgia,  hereby  certifies 
that  [etc.,  as  in  oth^r  preceding  forms,  39,  40,  or  41]. 

GivEK  under  my  hand  and  seal,  this        day  of  ,  18    . 

[iSeaZ.]  [Signature  and  title.] 

Idaho. 
FFollow  forms  given  for  Nevada.] 

Illinois. 

[A  scrawl  is  a  sufficient  private  seal  for  a  deed.    Two  witnesses  are  usual, 
but  an  acknowledgment  supersedes  the  necessity  of  witnesses. 


{.m)'ih\aform'\&tTom  Cobb's  Stat,  and  F.,    dition  and  abode  is  requisite,  where  the 
404.  proof  is  taken  without  the  State.     Cobb's 

(n)  The  statement  of  the  witness's  ad-    Big.,  354,  387. 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  33 

Illinois. 

A  certificate  of  acknowledgment  must  state  either  that  the  party  was  per- 
sonally known  to  the  oflBcer,  or  proof  of  his  identity  by  a  credible  witness. 
It  is  not  enough  for  him  to  certify  that  he  is  "  satisfied"  of  the  identity,  (o) 

A  deed  executed  without  the  State,  and  within  the  United  States,  may  be 
exf'/'.uted  and  acknowledged  in  accordance  with  the  laws  of  the  place  of  exe- 
01  Alon,  if  certified  by  a  clerk  of  a  court  of  record  to  be  so  done,  (p)  But  it 
must  conform  wholly  to  the  laws  of  one  State  or  to  those  of  the  other.  It  is 
not  to  be  sustained  by  both  laws  combined. 

A  certificate  by  a  notary  of  another  State  should  be  under  his  official 
seal,  {q}] 

43.  Acknowledgment  Within  the  State,  hy  a  Grantor  Personally  Known  to 

the  Officer. 
State  of  Illinois,  ) 

County  of       .    f     * 

I.,  M.  N.,  commissioner  of  deeds  \or  other  authorized  officer"]  in  and  for 
said  county,  in  the  State  aforesaid,  do  hereby  certify  that  A.  B.,  personally 
known  to  me  as  the  real  person  whose  name  is  subscribed  to  the  annexed 
deed,  as  having  executed  the  same,  appeared  before  me  this  day  in  person, 
and  acknowledged  that  he  signed,  sealed,  and  delivered  the  said  instrument 
of  writing,  as  his  free  and  voluntary  act,  for  the  uses  and  purposes  therein 
set  forth. 

Given  under  my  hand  [and  seal  of  oflBce],  this  day  of  , 

A.  D.  18     . 

[Seal,  if  any.]  [Signature  and  title.] 

44.  The  same  hy  Husland  and  Wife,  where  Wife  Relinquishes  Dower. 

State  of  Illinois,  ) 

'  \.  ss. 
County  of       .    J 

I.,  M.  N.,  commissioner  of  deeds  [or  other  authorized  officer]  in  and  for 
said  county,  in  the  State  aforesaid,  do  hereby  certify  that  A.  B.,  and  C.  B.  * 
his  wife,  personally  known  to  me  as  tlie  real  persons  whose  names  are  sub- 
scribed to  the  annexed  deed,  as  having  executed  the,  same,  appeared  before 
me  this  day  in  person,  and  acknowledged  that  they  signed,  sealed,  and  de- 
livered the  said  instrument  of  writing,  as  their  free  and  voluntary  act,  for 
the  uses  and  purposes  therein  set  forth.  And  the  said  0.  B.,  wife  of  the 
said  A.  B.,  having  been  by  me  examined,  separate  and  apart,  and  out  of  the 
hearing  of  her  husband,  and  the  contents  and  meaning  of  the  said  instru- 
ment of  writing  having  been  by  me  fully  made  known  and  explained  to 
her;  and  she  also  by  me  being  fully  informed  of  her  rights  under  the  Home- 
stead laws  of  this  State,  acknowledged  that  she  had  freely  and  voluntarily 
executed  the  same,  and  relinquished  her  dower  to  the  lands  and  tenements 
therein  mentioned ;  and  also  all  the  rights  and  advantages  under  and  by 
virtue  of  all  laws  of  this  State  relating  to  the  exemption  of  homesteads. 


(ft)  Shephard  1).  Carriel,  19  7^;.,  313.  as  by  supplying  a  certificate.     Hurt  f>. 

(y)  It  seems  that  the  conforinity  may  McCartney,  18  Jd.,  129. 
be  proved  by  producing  the  laws,  as  well        (j)  Booth  v.  Cook,  20  Id.,  12&-. 
3 


34  •  ABBOTTS'  FORMS. 


Acknowledgment  of  Deeds. 


without  compulsion  of  her  said  husband ;  and  that  she  does  not  wish  to  re- 
tract the  same. 

Given  under  mr  hand  [and  seal  of  office],  this  day  of  , 

A.  D.  18     . 

[Seal,  if  any.]  [Signature  arioL  title.'] 

45.  Aehnowledgment  Within  the  State,  hy  Grantor  Not  Personally  Known 

to  the  Officer. 

[As  in  the  preceding  form  to  the  *,  continuing  thus:]  this  day  appeared 
before  me  in  person,  and  was  [or,  were]  proven  to  me  satisfactorily  to  be 
the  real  person  [or,  persons]  described  in,  and  whose  name  is  [or,  names  are] 
subscribed  to  the  annexed  deed,  as  having  executed  the  same,  by  the  oath 
of  O.  P.,  a  credible  witness,  who,  being  by  me  duly  sworn,  did  depose  and 
say  that  he  resided  in  ,  in  the  county  of  ;  that  he  was  ac- 

quainted with  the  said  A.  B.  [and  C.  B.,  his  wife] ;  and  that  he  knew  him 
[or,  them]  to  be  the  same  person[s]  described  in,  and  who  executed  the  an- 
nexed deed.  And  thereupon  the  said  A.  B,  [or,  they  severally]  acknowledged 
to  me  that  he  [or,  they]  signed,  sealed,  and  delivered  the  said  instrument  ot 
writing,  as  his  [or,  their]  free  and  voluntary  act,  and  for  the  uses  and  pur- 
poses therein  set  forth. 

[Add  wife's  examination,  if  she  he  a  party,  and  end  with.  In  witness, 
etc.,  as  in  the  preceding  form. 

46.  Acknowledgment  Without  the  State,  by  Orantor  Personally  Known  to 

the  Offixier.if) 
State  of  ) 

City  and  county  of        .     f     * 

Be  it  bemembeeed,  that  on  the  day  of  ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ,  in  the  city  [or,  town] 

and  county  aforesaid,  («)  before  me,  M.  N.,  a  commissioner,  residing  in  said 
city  [or,  county],  duly  appointed  a  commissioner  by  the  governor  of  the 
State  of  Illinois,  to  take  acknowledgment  and  proof  of  the  execution  of 
deeds  and  other  instruments  in  writing  under  seal,  to  be  used  and  recorded 
in  said  State,  personally  appeared  A.  B.,*  who  is  personally  known  to  ma 
to  be  the  real  person  whose  name  is  subscribed  to  the  foregoing  deed  [or 
other  instrument  in  writing,  us  the  case  may  le],  as  having  executed  the 
same,  and  acknowledged  that  he  had  executed  the  same,  for  the  uses  and 
purposes  therein  expressed. 


(r)  This  and  the  six  following  forms  are  for  Illinois,  of  any  proof  or  acknowledg- 

from  the  instructions  as  to  acknowledg-  nient  taken  before   him,  or  any  oath  oi 

ments,  etc.,  prepared  by  the  secretary  of  affirmation  administered. by  him,  "shall 

State  of  Illinois,  pursuant  to  law,  for  the  specify  the  day  on  which,  and  the  city,  or 

guidance   of  commissioners.      The    last  town  and  county,  within  which  the  same 

three  we  suppose  to  be  suitable  to  simi-  was  taken  or  administered;  and  without 

lar  cases  within  the  State.  said  specification  the  said  certificate  shall 

(«)  The    statutes    of    Illinois    provide  be  invalid,  inoperative,  and  void."    Zawi 

that  every  certificate  of  a  commissioner  of  lU.,  Feb.  17,  1851. 


ACKNOWLEDGMENT  AND  PROOF  ^  OF  DEEDS.  35 

Illinois. 

In  witness  whekeof,  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal,  as  commissioner  of  the  said  State  of  Illinois,  at  my  office, 
Seal.]        in  the  city  [or,  town]  of  and  State  aforesaid,  this 

day  of  ,  A.  D.  1 8       .  [Signature.] 

Commissioner  of  the  State  of  Illinois,  for  the  city  of  . 

47.  AcTcnowledgment  Without  the  State,  ly  Grantor  Not  Personally  Known 

to  the  Officer. 

[As  in  preceding  form  to  the  *,  continuing  thus:]  who  was  proved  to  me, 
on  tlie  oath  of  O.  P.,  a  credible  witness,  to  be  the  real  person  whose  name 
is  subscribed  to  the  fofegoing  deed  [or  other  instrument  in  writing,  as  the 
case  may  he],  as  having  executed  the  same,  and  acknowledged  that  he  had 
executed  the  same  for  the  uses  and  purposes  therein  expressed. 

In  witness  [etc.,  as  in  preceding  form], 

48.  AcTcnowledgment   Without  the  State  hy  a  Husband  and   Wife,  when 

the  Wife  Relinquishes  Dower. 

[As  in  Form  46  to  the  *  continuing  thus:]  and  C.  B.  his  wife,  who  are 
personally  known  to  me  [or,  who  were  proved  to  me,  on  the  oath  of  M.  N., 
a  credible  witness],  to  be  the  real  persons  whose  names  are  subscribed  to 
the  foregoing  deed  [or  other  instrument  of  writing,  as  the  case  may  he],  as 
having  executed  the  same,  and  acknowledged  that  they  had  executed  the 
same  for  the  uses  and  purposes  therein  expressed.  And  the  said  C.  B., 
wife  of  said  A.  B.,  being  of  lawful  age,  and  having  been  by  me,  separate 
and  apart  from  her  said  husband,  examined,  and  the  contents  of  said  deed 
[or  other  instrument,  as  the  case  may  be]  fully  made  known  and  explained 
to  her,  acknowledged  that  she  had  executed  the  same,  and  relinquished  her 
dower  to  the  lands  and  tenements  therein  mentioned,  voluntarily,  and  with- 
out compulsion  of  her  husband. 

In  witness  [etc.,  as  in  Form  46]. 

49.  AcTcnowledgment  Without  the  State  "by  Emband  and  Wife,  of  a  Con' 

veyance  of  the  Estate  of  the  Wife. 

[As  in  Form  46  to  the  *  continuing  thus :]  and  C.  B.  his  wife,  who  are 
personally  known  to  me  [or,  who  were  proven  to  me,  on  the  oath  of  M.  N., 
a  credible  witness],  to  be  the  real  persons  whose  names  are  subscribed  to 
the  foregoing  deed  [or  other  instrument  of  writing,  as  the  case  may  be], 
as  having  executed  the  same,  and  acknowledged  that  they  had  executed 
the  same,  for  the  uses  and  purposes  therein  expressed.  And  the  said 
C.  B.,  wife  of  the  said  A.  B.,  being  of  lawful  age,  and  having  been  by 
me,  separate  and  apart  from  her  husband,  examined,  and  the  contents  of 
the  said  deed  [or,  instrument]  having  been  made  known  and  fully  ex- 
plained to  her,  acknowledged  that  she  had  executed  the  same  voluntarily 
and  freely,  and  without  compulsion  of  her  husband,  and  that  she  does  not 
wish  to  retract. 

In  witness  [etc.,  as  in  Form  46]. 


36  ABBOTTS'  FORMS. 


Acknowledgrment  of  Deeds 


50.  Acknowledgment  Without  the  State,  hy  Attorney  in  Fact. 

[As  in  Form  46  to  the  *,  cont inning  thvs:]  attorney  in  fact  of  C.  D.,  who 
is  personally  known  to  me  to  be  the  person  [or,  who  was  proved  to  me, 
upon  the  oath  of  a  credible  witness,  to  be  the  person]  whose  name,  as  puch 
attorney  in  fact,  is  subscribed  to  the  foregoing  deed  [or  other  instrument,  as 
the  case  may  be],  as  on  the  part  and  behalf  of  C.  D.,  his  said  principal, 
having  executed  the  same,  and  acknowledged  that  he  had.  as  such  attorney 
in  fact,  for  and  on  behalf  of  his  said  principal,  executed  the  same,  for  tho 
uses  and  purposes  therein  expressed. 

In  witness  [etc.,  as  in  Form  46]. 


51.  Proof  Without  the  State,  by  a  Subscribing  Witness. 

[As  in  Form  46  to  the  *,  continuing  thus:']  to  me  personally  known  to  be 
a  subscribing  witness  to  the  foregoing  deed  [o;\  who  was  proved  to  me,  on 
oath  of  O.  P.,  a  credible  witness,  to  be  a  subscribing  witness  to  the  forego- 
ing deed],  who,  after  being  duly  sworn,  according  to  law,  did  depose  and 
say,  that  C.  D.,  whose  name  appears  subscribed  to  said  deed,  is  the  real 
person  who  executed  the  same ;  and  that  he,  the  said  A.  B  ,  subscribed  his 
name,  as  a  witness  thereto,  in  the  presence  of,  and  at  the  request  of  the 
said  C.  D.,{t)  which  is  sufficient  evidence  to  me  of  the  execution  of  said 
deed. 

In  wriNESS  [etc.,  as  in  Form  46], 


52.  Proof  Without  the  State,  when  the  Grantor  and  Subscribing  Witnesses 
are  Dead  or  Cannot  be  Produced. 

[As  in  Form  46  to  the  *,  continuing  thus:]  a  competent  and  credible  wit- 
ness, who,  being  duly  sworn,  according  to  law,  did  depose  and  say  that  he 
personally  knew  the  handwriting  of  0.  D.,  the  grantor  in,  and  of  M.  N.,  the 
subscribing  witness  to,  the  foregoing  deed,  and  that  he  well  knew  the  sig- 
natures of  each  of  them,  having  frequently  seen  them  write  [or  state  such 
other  means  of  knowledge  as  the  witness  may  hare(u)],  and  that  he  believea 
the  names  of  such  grantor  and  subscribing  witness  to  the  deed  aforesaid 
were  thereto  subscribed  by  the  said  C.  D.,  the  grantor,  and  M.  X.,  the 
subscribing  witness,  respectively,  which,  to  me,  affords  sufficient  evidence 
of  the  due  execution  of  said  deed. 

In  witness  [etc.,  as  in  Form  46]. 


{t)  It  is  the  better  practice  to  state  in  was  agent  of  a  corporation  of  which  the 

the  certificate  that  the  witness  subscribed  grantors  were  directors,  and  that  he  had 

in  tlie  grantor's  presence  and  at  his  re-  often  seen  documents  with   tlieir  name 

quest,  tliough  it  is  lield  not  essential,  subscribed   thereto,  and    recognized   by 

fob  V.  Tebbetts,  4  Gilm.,  143.  them  as  genuine,  in  the  course  of  business 

(m)  Thus  a  statement  that  the  witness  transactions,  is  suflBcient.    Ibid. 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  37 

Illinois.  Iiidiiina, 

53.  Certificate  of  a  Cleric   to  Acknowledgment    Taken  According   to   tht 

Laws  of  Another  State. 
State  op  ) 

County  of  .  (     " 

I,  M.  N.,  clerk  of  the  court,  a  court  of  record  of  said  State  of         , 

in  and  for  said  county  of  ,(«)  do  hereby  certify  that  ,  the  per- 

son before  whom  the  foregoing  acknowledgment  [or,  proof]  was  taken,  was 
at  the  time  thereof  \here  state  title],  duly  commissioned  and  sworn,  and  to 
all  whose  official  acts  as  such,  full  faith  and  credence  is  given,  and  that  his 
signature  to  the  foregoing  certificate  of  acknowledgment  [or,  proof]  is  genuine, 
and  that  the  within  [or,  annexed]  deed  [or  other  instrumenf]  is  executed 
and  acknowledged  according  to  the  laws  of  the  said  State  of  .(w) 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  the  seal  of 
[Seal  said  court,  this         day  of  ,18 

of  court.]  [Signature]^  Clerk. 

Indiana. 

[Private  seals  are  aboli8hed.(a;)  One  witness  is  sufficient ;  and  where  a  deed 
is  acknowledged  by  the  party,  no  witnesses  are  necessary.  The  form  of  ac- 
knowledgment below  is  given  by  the  statute,  and  is  sufficient,  whether  within 
or  without  the  State.  The  certificate  may  be  annexed  or  indorsed.  It  should 
be  under  seal,  if  the  officer  have  an  official  seal ;  and  if  the  certificate  is  sealed, 
there  is  no  need  that  the  signature  of  the  officer  be  authenticated  by  a  clerk's 
certificate.    No  separate  examination  of  a  veife  is  necessary.(y)] 

54.  Acknowledgment. 
State  of  ,  ) 

County  of  .  )     ' 

Before  me,  M.  N.,  a  judge,  [or,  justice,  as  the  case  may  he\  this  day 
of  ,  18    ,  A.  B.  acknowledged  the  execution  of  the  annexed  [or 

withiii]  deed,  [or,  mortgage,  as  the  case  may  be]. 

[Official  seal,  if  any].  [Signature  and  title.] 

[Proof  hy  witness  may  he  made  in  the  form  used  in  New  Yoek.] 

55.  Declaration  to  Bar  Dower  of  Wife  Under  Age. 

[Insert  in  the  preceding  form,  before  the  signature :]  and  the  said  C.  B., 
being  a  married  woman,  over  the  age  of  eighteen  years,  and  imder  the  age 
of  twenty-one  years,  her  father  [or,  and  having  no  father,  her  mother], 
D.  E.,  then  also  personally  appeared  and  declared  before  me,  that  he  [or, 
she]  believed  that  such  conveyance  was  for  the  benefit  of  the  said  0.  B., 
and  that  it  would  be  prejudicial  to  her  and  her  husband  to  be  prevented 
from  disposing  of  the  lands  thus  conveyed.  [Signature,  etc.] 

(v)  It  is  not  enough  for  him  to  certify  ity  is  sustained  by  Hurt  v.  McCartney,  IS 

that  he  is  clerk  of  the  county.     Shephard  Ills.,  129;  Job  v.  Tebbetts,  4  GUin.,  143. 

V.  Carriel,  19  III.,  313.  (a;)  \  Q.  d;  H.,  262;  Act  o/"lS59. 

(i'>)  This  form  of  certifying  the  conform-  (y)  Rev.  Stat.,  236 


38  ABBOTTS'  FORMS. 


Acknowledgment,  &c.,  of  Deeds  for  Iowa. 


lo-wa. 

[The  use  of  private  seals  (corporate  seals  excepted)  is  abolished.  Where  a 
deed  is  acknowledged  by  tlie  party,  no  witnesses  are  necessary.  The  certificate 
should  be  indorsed  on  the  deed.  Married  women  need  not  be  separately  ex- 
amined.] 

56.  Acknowledgment  hy  a  Grantor  Personally  Known  to  the  Officer.{z) 
State  of  ,  ] 

County  of  .  j     * 

This  is  to  certift,  that  on  this         day  of  ,  a.  d.  18    ,  before  me 

\Jiere  set  forth  the  title  ofthe'court  or  person  before  whom  the  acknowledg- 
ment is  taken : — e.  g.^  thus'\  K.  L.,  a  notary  public,  duly  appointed  in  and 
for  said  city  and  county,*  personally  appeared  A.  B.,  personally  known  to 
rne  [or,  to  J.  K.,  one  of  the  judges  of  the  said  court]  to  be  the  identical 
person  whose  name  is  aflBxed  to  the  foregoing  deed  [or  other  instrument] 
as  grantor  [or,  obligor,  or  otherwise],  therein  named,  and  acknowledged  the 
same  to  be  his  voluntary(a)  act  and  deed,  for  the  purposes  therein  mentioned. 

Is  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand  [and  the  seal  of  my  oflSoe], 
on  the  day  and  year  first  above  written. 

[Official  seal,  ifany.](b)  [Signature  and  titleJ] 

57.  By  Sheriff.{c) 
State  of  Iowa,  ] 

County  of  .  )      ' 

Be  it  remembered,  that  on  this         day  of  ,  a  d.  18    ,  before  me  the 

subscriber,  [a  notary  public  in  and  for  the  said  county  of  ],  personally 

came  A.  B.,  sheriff  of  the  county  of  aforesaid,  personally  known  to 

me  to  be  the  same  person  described  in,  and  whose  name  is  subscribed  to, 
the  foregoing  deed,  as  a  party  thereto,  and  acknowledged  that  he  volunta- 
rily executed  the  same  as  sheriff  as  aforesaid,  for  the  uses  and  purposes 
therein  mentioned. 

In  witness,  [etc.,  as  in  the  preceding  form^ 

58.  Acknowledgment  hy  Parties  Not  Personally  Knotcn  to  the  Officer. 

[As  in  Form,  56,  to  the  *,  continuing  thus :]  personally  came  A.  B.  and  C. 
D.,  both  proven  to  me  satisfactorily  to  be  the  same  identical  persons  de- 
scribed in,  and  who  executed  the  within  conveyance,  by  the  oath  of  M.  N. 
[witness  thereto],  who,  being  by  me  duly  sworn,  did  depose  and  say  that  he 
resided  in  ,  in  the  county  of  ;  that  he  was  acquainted  with  the 

said  A.  B.  and  C.  D.,  that  he  knew  them  to  be  the  same  persons  described 
in,  and  who  executed  the  within  conveyance;  and,  thereupon,  they  severally 

(z)  This  form  and  the  following  are  suit-  (h)  If  the  otficer  have  a  seal,  it  should 

able  for  use  within  or  without  the  State.  be  affixed  ;  and,  in  such  case,  a  clerk's  cer- 

(a)  The  word  voluntary,  or  its  equiv-  tificate  to  his  authority  and  genuinenesa 

alent,  is  held  essential.     Wickersham  a.  of  his  signature  is  not  necessary. 

Reeves,  1"  Clarke  {Iowa),  413.    But  com-  (c)  This  form  is  sustained  by  Cavender 

pare  illendersoa  a.  Grewell,  8  Cal.,  881.  a.  Smith  5  Clarke  {Iowa),  159. 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  39 

Kansas.  Kentucky. 

acknowledged,  before  me,  that  they  executed  tne  same  as  their  voluntary 
act  and  deed,  for  the  uses  and  purposes  therein  mentioned. 
In  witness  [etc.,  as  in  Form  56.] 

59.  Proof  ly  Witness^  Where  Grantor  is  Dead  or  Cannot  he  Procured.,  or 
Refuses  to  Aclcnowledge.id) 

[As  in  Form  56,  to  the  *,  continuing  tJius:]  personally  appeared  M.  N., 
who,  by  me  being  first  duly  sworn,  stated  that  he  knew  A.  B.,  the  grantor, 
in  the  foregoing  deed  [or,  instrument],  and  that  the  said  A.  B.  was  dead  [or 
state  excuse  for  aisence],  which  is  satisfactory  evidence  to  me  that  his  attend- 
ance could  not  be  procured  to  make  the  acknowledgment  [or  state  that, 
having  appeared,  he  refused  to  acknowledge  the  deed];  and  the  said  M.  N. 
[or,  one  O.  P.,  who  also  personally  appeared  before  me,  and  was  by  me  duly 
sworn]  further  deposed  and  said,  that  he  was  the  subscribing  witness  to  said 
deed  [or,  instrument],  and  that  he  saw  A.  B.,  the  grantor  therein,  subscribe 
and  seal  said  deed  [oi;  that  the  said  A.  B.,  grantor  therein,  acknowledged 
to  him  that  he  had  subscribed,  sealed,  and  executed  said  deed],  for  the  uses 
and  purposes  therein  mentioned ;  and  that  he,  said  deponent,  and  Q.  R.,  the 
other  subscribing  witness,  then  subscribed  the  same  as  attesting  witnesses, 
at  the  request  of  said  grantor. 

In  witness,  [etc.,  as  in  Form  56.] 

Kansas. 
[Follow  the  forms  given  for  low^.] 

Kentucky.  ^ 

[A  seal  is  not  necessary.  There  should  be  two  subscribing  witnesses,  unless 
the  deed  is  acknowledged  by  the  grantor.] 

60.  Aclcnowledgment  Within  the  State. 
State  op  Kkntuokt,  ] 

County  of  . )     * 

Be  it  eemembeeed,  that  on  this        day  of  >  18    ,  before  me,  M.  N., 

[county  clerk  of  the  county  court  of  said  county],  at  ,  personally 

came  A.  B.  [and  C.  B.  his  wife],  to  me  known  to  be  the  person  [or,  per- 
sons] described  in,  and  who  executed  the  within  deed,  and  [severally]  ac- 
knowledged that  he  [or,  they]  executed  the  same,  for  the  uses  and  purposes 
therein  mentioned.(e) 

Given  under  my  hand  and  seal  of  office,  the  day  and  year  first  above 
written. 

[Seal.l  [Signature  and  title.] 

(d)  There  is  no  provision  for  proof  by  («)  A    certificate    of    an    acknowledg- 

wilnesses  except  in  these  contingencies,  ment  taken  within  the  State,  need  not  set 

If  the  subscribing  witnesses  also  cannot  forth  the  private  examination.  He'V.  iStat., 

be  produced,  may  proceed  as  in  Form  52.  198-200. 


40  ABBOTTS'  FORMS. 


Acknowledgment,  &c.,  of  Deeds  for  Kentucky  ;  Louisiana. 

61.  Achnowledgment  Taken  Without  the  State.{f) 

State  of  ,  J 

County  [or,  Town,  City,  Depart-  >-  ss. 
ment,  or,  Parish]  of  .  ) 

I,  M.  N.,  [stating  official  title]  do  certify  that  this  instrument  of  writing, 
from  A.  B.  and  wife  [or,  from  C.  B.,  wife  of  A.  B.]  was  this  day  produced 
to  me  by  the  parties  [which  was  acknowledged  by  the  said  A.  B.  to  be  his 
act  and  deed],  and  the  contents  and  effect  of  the  instrument  being  explained 
to  the  said  C.  B.  by  me,  separately  and  apart  from  her  husband,  she  there- 
upon declared  that  she  did  freely  and  voluntarily  execute  and  deliver  the 
same  to  be  her  free  act  and  deed,  and  consented  that  the  same  might  be 
recorded. 
GiTEiT  under  my  hand  and  seal  of  oflBce,  this        day  of  ,  18    . 

[S^-al.]  [Signature  and  title."] 

Louisiana. 

[Conveyances  are  made  either  by  authentic  act  or  by  private  act.  The 
former  is  done  by  the  parties  going  before  a  notary,  who  reduces  the  contract 
of  sale  to  writing,  and  signs  it,  together  with  the  parties,  in  presence  of  two 
male  witnesses,  aged  at  least  fourteen,  or  of  three  witnesses,  if  the  party  be 
blind.  A  private  act  is  done  by  signature  by  the  parties,  and  acknowledgment. 
A  seal  by  the  grantor  is  unnecessary.] 

62.  Authentic  Act  of  Sale,  and  Wife's  Renunciation, 

State  of  , ) 

County  of        .  (  **" 

Be  it  bemembehed,  that  on  this         day  of  ,  a.  d.  18      ,  before 

me,  M.  N.,  a  commissioner  of  the  State  of  Louisiana,  duly  commissioned 
and  appointed  by  the  governor  thereof,  for  the  said  county  and  State  of 
,  personally  came  and  appeared  A.  B.,  at  present  residing  at  , 

in  said  county,  who  declared  [here  will  follow  the  conveyance,  e.  g.,  thus  :\ 
that  in  consideration  of  to  him  in  hand  paid  by  the  said  Y.  Z.,(g) 

the  receipt  whereof  is  hereby  acknowledged,  he,  the  said  appearer,  does 
hereby  grant,  bargain,  sell,  convey,  and  confirm  unto  Y.  Z.,  of  ,  all 

[here  insert  description  of  the  p7'emi-<<es] ;  to  have  and  to  hold  the  same 
unto  the  said  Y.  Z.,  his  heirs  and  assigns  forever. 

Ant)  now  personally  appeared  and  intervened  Mistress  C.  B.,  of  lawful 
age,  and  wife  of  said  A.  B.,  who  did  declare  unto  me  that  it  is  her  wish 
and  intention  to  release,  in  favor  of  the  said  Y.  Z,,  the  real  estate  above  re- 
ferred to,  from  the  matrimonial,  dotal,  paraphernal,  and  the  other  rights, 
and  from  any  claims,  mortgages,  or  privileges  to  which  she  is  or  may  be  en- 
tided,  whether  by  virtue  of  her  marriage  vtith  her  said  husband  or  other- 


(/)  This  form  is  prescribed  by  the  stat-        (ff)  The    true  consideration    must   be 
nte.    Jiev.  Stat.  (1852),  198.     Proof  by    stated, 
witnesses  withou!,  tl  e  State  is  not  pro- 
v\d9d  for. 


ACKNOWLEDGMENT  AND  PEOOF  OF  DEEDS.  41 

Louisiana. 

wise.  "WnEEEUPON  I,  the  said  commissioner,  did  inform  the  said  wife, 
verbally,  apart  and  out  of  the  presence  of  her  said  husband,  and  before  re- 
ceiving her  signature,  that  she  had,  by  the  laws  of  thesaid  State  of  Louisi- 
ana, a  legal  mortgage  on  the  property  of  her  said  husband — first,  for  the 
restitution  of  her"  dowry,  and  for  the  reinvestment  of  the  dotal  property 
sold  by  her  husband,  and  which  she  brought  in  marriage,  reckoning  from 
the  celebration  of  the  marriage ;  second,  for  the  restitution  and  reinvest- 
ment of  the  dotal  property  by  her  acquired  since  marriage,  whether  by  suc- 
cession or  donation,  from  the  day  the  succession  was  opened,  or  the  suc- 
cession perfected ;  thirdly,  for  nuptial  presents ;  fourthly,  for  debts  by  her 
contracted  with  her  said  husband;  and  fifthly,  for  the  amount  of  her  para- 
phernal property  alienated  by  her,  and  received  by  her  said  husband,  or 
otherwise  disposed  of  for  the  individual  interest  of  her  said  husband. 

And  the  said  wife  did  thereupon  declare  unto  me,  commissioner,  that  she 
was  fully  aware  of,  and  acquainted  with,  the  nature  and  extent  of  the  mat- 
rimonial, dotal,  paraphernal,  and  other  rights  and  privileges  thus  secured 
to  her  by  the  laws  of  the  said  State  of  Louisiana,  in  the  property  of  her 
said  husband ;  and  that,  availing  herself  of  the  rights  secured  to  her  by  the 
second  section  of  an  act  passed  by  the  legislature  of  the  said  State  of  Lou- 
isiana, authorizing  wives  to  make  valid  renunciations,  etc ,  approved  on  the 
27th  day  of  March,  1835,  she  nevertheless  did  persist  in  her  intention  of 
renouncing  not  only  all  the  rights,  claiir.s,  and  privileges  hereinbefore 
enumerated  and  described,  but  all  others  of  any  kind  or  nature  whatsoever, 
to  which  she  is  or  may  be  entitled  by  any  law  now  or  heretofore  in  force 
in  the  said  State  of  Louisiana.  And  the  said  husband  being  now  present, 
aiding  and  authorizing  his  said  wife  in  the  execution  of  these  presents,  she, 
the  said  wife,  did  again  declare  that  she  did,  and  doth  hereby,  make  a 
formal  renunciation  and  relinquishment  of  all  her  said  matrimonial,  dotal, 
paraphernal,  and  other  rights,  claims,  and  privileges,  in  favor  of  the  said 
Y.  Z.,  binding  herself  and  her  heirs,  at  all  times,  to  sustain  and  acknowledge, 
at  all  times,  the  validity  of  this  renunciation. 

Thus  done  and  passed,  in  my  office,  in  the  said  city  of  ,  in  the 

presence  of  0.  P.  and  Q.  R.,  competent  witnesses,  who  hereunto  subscribe 
their  names,  together  with  the  said  appearers,  and  me,  commissioner,  on 
the        day  of  ,  a.  d.  eighteen  hundred  and 

[Signature  of  parties,  of  witnesses, 
and  of  officer,  with  his  title 
and  official  seal.] 

63.  AcJcnowledgment  of  Private  Act. 

State  of  ,  ) 

County  of         .\  *** 

Be  it  eemembered,  that  on  the  day  of  ,  in  the  year  one 

thousand  eight  hundred  and  ,  before  me,  the  undersigned  M.  N.,  a 

commissioner,  resident  in  the  city  of  ,  duly  commissioned  and  quali- 

fied by  the  executive  authority,  and  under  the  laws  of  the  State  of  Louisiana, 
to  take  the  acknowledgment  of  deeds,  etc.,  to  be  used  or  recorded  therein, 
personally  appeared  A,  B.,  to  me  known  to  be  the  individual  named  in,  and 


42  ABBOTTS'  FORMS. 


Acknowledgment,  &c.,  of  Deeds  for  Maine  ;  Maryland. 

who  executed  the  above  [or,  foregoing]  conveyance  [or,  instrument],  and 
acknowledged  to  me  that  he  did  sign,  seal,  and  deliver  the  same,  as  his  free 
act  and  deed,  on  the  day  and  year  therein  mentioned,  and  for  the  con- 
sideration, uses,  and  purposes  therein  expressed. 

In  witness  wheeeof,  I  have  hereunto  set  my  hand,  and  affixed  my 
official  seal,  the  day  and  year  aforesaid. 

[Official  seal.]  [Signature  and  title.] 

Maine. 

[The  seal  must  be  in  wafer  or  wax.  There  should  be  at  least  one  subscrib 
ing  witness,  and  it  is  the  practice  to  have  two.  A  separate  examination  of  a 
married  woman  is  not  necessary  ;  nor  need  she  acknowledge  at  all,  where  she 
merely  joins  in  executing  the  deed  with  her  husband  to  release  her  dower. 
The  certificate  may  be  annexed  or  indorsed. 

The  statutes  do  not  authorize  proof  by  subscribing  witness,  except  within 
the  State,  in  a  court  of  record,  when  the  grantor  has  died  or  left  the  State,  or 
refuses  to  acknowledge.] 

64.  AcTcnowledgment. 

State  of  J  ^^_ 

County  of        ,  town  of        . )     ' 

day  of  ,18    .      Then  personally  appeared  A.  B.  [and  C.  B. 

his  wife],  the  persons  [or,  one  of  the  persons]  described  in,  and  who  exe- 
cuted the  foregoing  instrument,  and  [severally]  acknowledged  that  he  [or, 
they]  did  sign  and  seal  the  same,  as  his  [or,  their]  free  act  and  deed,  before 
me. 

[Seal,  if  any.]  [Signature  and  title.] 

65.  The  Same,  ly  Attorney  in  Fact. 
State  of  ,  |  ^^ 

County  of  .  j 

day  of  ,  A.  D.  18     .     Then  the  above-named  A.  B.  appeared 

by  his  attorney,  0.  D.,  and  acknowledged  the  above-written  instrument  to 
be  the  free  act  and  deed  of  the  said  A.  B.,  before  me. 
[Seal,  if  any.]  [Signature  and  title.] 

66.  AcTcnowledgment  of  a  Deed  ly  a  Corporation. 

State  of  '\  ss. 

County  of         .  f 

day  of  ,  A.  D.  18    .     Then  A.  B.,  president,  and  0.  D.,  E.  F., 

and  G.  H.,  directors  of  the  company  of  ,  personally  appeared  and  ac- 

knowledged the  foregoing  instrument  to  be  the  free  act  and  deed  of  the 
said  company,  befoi'e  me. 

[Seal,  if  any.]  [Signature  and  title.] 

Maryland. 

[A  scroll  is  a  sufficient  seal.  The  statute  does  not  provide  for  proof  by 
witnesses.    A  private  examination  of  married  women  is  not  necessary.] 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  43 

Maryland.  Massaclmsetts. 

67.  Acknowledgment  Within  the  State.(Ji) 
State  of  Maryland,  ] 

County  of  .      f     * 

I  hereby  certify,  that  on  this  day  of  ,  in  the  year  , 

before  the  subscriber  [here  state  style  of  the  officer  taking  the  acknowledg- 
ment\  personally  appeared  A.  B.,  and  acknowledged  the  foregoing  deed  to 
be  his  act,  [Signature  and  title.] 

68,  The  Same,  ly  Husband  and  Wife. 
State  of  Maeyland,  ) 
County  oi  .      )     ' 

I  hereby  certify,  that  on  this       day  of  ,  in  the  year  ,  before 

the  subscriber  [here  insert  the  official  style  of  the  judge  taking  the  acknow- 
ledgment] personally  appeared  A.  B,,  and  C.  B,  his  wife,  and  did  each 
acknowledge  the  foregoing  deed  to  be  their  respective  act, 

[Signature  and  title.] 

69.  Acknowledgment  Taken  Without  the  State. 
State  of  ,  ) 

County  of  ,  j  / 

[As  in  Form  67,  except  that  the  attestation  will  he  as  follows:]  In  testi- 
MOiST  WHEEEOF,  I  havo  caused  the  seal  of  the  court  to  be  affixed  [or,  have 
affixed  my  official  seal],  this        day  of  ,  18    . 

[Signature,  title,  and  seal.] 

70.  Affidavit  to  de  Affixed  to  Mortgages  of  Lands,  and  to  Mortgages  or  Bills 

of  Sale  of  Personal  Property. 
State  of  ,  ) 

County  of  ,  f 

A.  B,,  of  ,  being  duly  sworn  [or,  affirmed],  says :  That  he  is  the 

mortgagee  [or,  vendor,  or,  one  of  the  mortgagees  or  vendors]  described  in, 
and  who  executed  the  within  mortgage  [or,  bill  of  sale],  and  that  the  con- 
sideration in  the  said  mortgage -[or,  bill  of  sale]  is  true  and  bonafde,  as 
therein  set  forth.  [Signature  of  deponent.] 

Sworn  before  me,  this ) 
day  of  ,18     .J 

[Signature  and  title  ofoffieet'.j 

Massachusetts. 

[Tlie  seal  for  a  conveyance  shoidd  be  an  impression  in  wax  or  wafer.  A 
seal  of  a  court,  public  office,  or  corporation,  when  required  by  law,  may  be 
impressed  in  on  the  paper  alone.  One  subscribing  witness  is  required,  in 
order  that  the  deed  may  be  proved  if  it  should  fail  to  be  acknowledged  ;  but  it 
is  the  practice  to  have  two.  Deeds  should  be  acknowledged  by  the  grantors, 
or  one  of  them,  if  there  are  several.     A  separate  examination  of  a  married 

(h)  This  and  the  two  following  forms  statute  of  Maryland.  Code  of  1860,  art, 
of  acknowledgment    are    given    by  the    24,  sees.  66-69. 


44  ABBOTTS'  FOEMS. 


Acknowledgment,  &c  ,  of  Deeds  for  Massachusetts ;  Miciiifriin. 

woman  is  not  necessary.  The  certificate  may  be  annexed  or  indorsed.  The 
statutes  do  not  authorize  proof  by  subscribing  witness,  excnpt  before  a  court 
witliin  the  State,  when  the  grantor  is  dead  or  has  left  the  State.] 


71.  AcTcnowledgment  Within  the  State. 

Commonwealth  of  Massachusetts,  ) 

County  of  .  }  ^'  [Date.] 

Then  personally  appeared  the  within  [or,  above]  named  A.  B.  [and  C.  B. 
his  wife],  and  acknowledged  the  foregoing  instrument  to  be  his  [oj;  their] 
free  act  and  deed,  before  me.  [Signature  and  title.] 

72.  The  Same,  by  Attorney  in  Fact. 

Commonwealth  of  Massachusetts,  ) 

County  of  .  f  ***  [Date.] 

Then  A.  B.,  above  mentioned  to  be  the  attorney  of  0.  D.,  above  named, 
personally  appeared  and  acknowledged  the  above  instrument  to  be  the  free 
act  and  deed  of  the  said  C.  D. ;  and  that  in  subscribing  the  name  and  affix- 
ing the  seal  of  the  said  C.  D.  to  the  above  instrument,  he,  the  said  A.  B., 
acted  freely,  and  without  any  manner  of  duress.    Before  me, 

,  [Signature  and  title.] 

[Acknowledgment  of  Deed  by  Corporation  may  be  like  the  form  given  for 
Maine.] 

73.  Acknowledgment  Without  the  State.(i) 
State  of  ,  ) 

County  of  .  j 

I,  M.  N.,  a  commissioner  for  the  Commonwealth  of  Massachusetts,  re- 
siding at  ,  in  the  county  of  ,  and  State  of  ,  do  certify,  that 
on  the  day  of  ,  in  the  year  a.  d.  18  ,  the  above-named  A.  B. 
personally  appeared  before  me  at  ,  in  the  county  and  State  aforesaid, 
and  acknowledged  the  foregoing  instrument,  by  him  signed,  to  be  his  free 
act  and  deed. 

In  witness  whereof,  I  have  hereto  set  my  hand  and  affixed  my  official 
seal,  at  ,  in  the  county  of  ,  and  State  of  ,  on  this         day 

of  ,  18    . 

[Official  seal.]  [Signature  and  title.] 

Michigan. 

[A  scroll  or  device  is  a  sufficient  seal  for  a  deed,  except  in  cases  for  which 
official  seals  are  provided.  The  seal  of  a  court  or  public  officer  may  be  by  im- 
pression on  the  paper  alone.  There  should  be  two  subscribing  Avitnesses. 
Deeds  executed  within  the  State  must  be  executed  in  the  presence  of  two  sub- 
scribing witnesses.     The  certificate  should  be  indorsed  on  the  deed.     The 

(t)  This  is  the  form  prescribed  hy  the  sachusetts,  for  commissioners  resident  in 
executive  department  of  the  Sate  of  Mas-    other  States. 


ACKNOWLEDGMENT  AND  PEOOF  OF  DEEDS.  4o 

Michigan. 

certificate  of  acknowledgment  of  a  married  woman  must  strictly  pursue  the 
statute.  Certifying  an  examination  had  "  apart  from  her  husband"  does  not 
Ffitisfy  the  statute,  which  requires  it  to  be  "  separately  and  apart"  from  him. 
The  former  phrase  does  not  exclude  the  idea  of  personal  presence  of  the  hus- 
band. And  a  certificate  that  she  "  stated"  that  she  executed,  etc.,  is  not 
enough.  This  is  not  to  be  regarded  as  equivalent  to  the  word  "acknow- 
ledged."(j)  The  ofiricer  is  not  authorized  to  take  an  acknowledgment  through 
a  sworn  interpreter.(A)  A  deed,  executed  without  the  State  may  be  executed 
according  to  the  laws  of  the  place  of  execution  ;  but  in  such  case,  if  executed 
within  the  United  States,  and  it  is  not  acknowledged  before  a  Michigan  com- 
missioner, there  must  bo  annexed  a  certificate,  by  a  clerk  of  a  court  of  record, 
to  the  autliority  and  signature  of  the  officer,  and  to  the  fact  that  the  deed  is 
executed  and  acknowledged  according  to  the  laws  of  the  place.  The  statutes 
do  not  provide  for  proof  by.  the  subscribing  witnesses,  except  within  the  State, 
when  the  grantor  is  dead  or  has  left  the  State,  or  resides  abroad.  A  married 
woman  residing  without  the  State  need  not  be  separately  examined.] 

74.  Acknowledgment  Within  the  State. 
State  of  Michigan, 

County  of 

Be  it  eemembeeed.  that  on  this       day  of  ,  18    ,  at  ,  be- 

fore me,  M.  N.  [a  justice  of  the  peace  in  and  for  said  county  ,*  personally 
came  the  within-named  A.  B.,  personally  known  to  me  to  be  the  person 
described  in  and  who  executed  the  within  conveyance  [or,  instrument],  and 
acknowledged  the  same  to  be  his  free  act  and  deed. 

[Signature  and  title.] 

75.  77ie  Same,  ly  Husband  and  Wife. 
State  of  MioniGAsr^  ) 

County  of  .  )     ' 

Be  it  eemembered,  that  on  this  day  of  ,  18  ,  at  ,  before  me, 
M.  N.  [a  justice  of  the  peace  in  and  for  said  county],  personally  came  the 
within-named  A.  B.,  and  C.  B.  his  wife,  personally  known  to  me  to  be  the 
persons  described  in,  and  who  executed  the  within  instrument,  and  ac- 
knowledged the  same  to  be  their  free  act  and  deed ;  and  the  said  C.  B., 
wife  of  the  said  A.  B.,  on  a  private  {I)  examination  before  me,  separately  and 
apart  from  her  said  husband,  acknowledged  that  she  executed  the  same 
freely,  and  without  any  fear  or  compulsion  from  any  one. 

[Signature  and  title.] 

76.  AcTcnowledgment  Without  the  State. 
State  of 

County  of 

On  this         day  of  ,  a.  d.  18      ,  before  me,  a  commissioner  of 

deeds  for  the  State  of  ^lichigan,  *  personally  appeared  the  foregoing  named 
A.  B..  and  C.  B.  his  wife,  known  to  me  to  be  the  persons  who  executed 
the  foregoing  instrument,  and  acknowledged  the  same  to  be  their  free  act 

(y)Dewey  I).  Campaer,  4ifjc.,  565.  «.   Johnson,     \  Manning,  &S0.     But  see 

(^)  J'b.  Love   V.   Taylor,   26    Miss.    (4  Cushm.), 

(l)  This  word  is  held  essential.     Sibley    567. 


46  ABBOTTS'  FORMS. 


Acknowledgment,  &c.,  of  Deeds  for  Minnesota. 


aiid  deed;   and  the  said  0.  B.,  on  a  private  examination  separately  and 
apart  from  her  said  husband,  acknowledged  to  me  that  she  executed  the 
Barae  freely,  and  without  any  fear  or  compulsion  of  any  one. 
In  witnksb  wheeeof,  I  have  hereunto  set  my  hand  and  affixed  my  oflQcial 
seal,  at  ,  in  the  county  of  ,  and  State  of  , 

[Official  seal]         on  this        day  of  ,  18      . 

[Signature  and  title.] 

77.  AcTcnowledgment  of  Deed  ly  Corporation. 

[As  in  Form  74  or  76,  to  the*,  continuing  thu^ :]  personally  appeared 
A.  B.,  known  to  me  to  be  the  president  of  the  M.  N.  company,  and  C.  D., 
known  to  me  to  be  the  secretary  of  said  company,  and  they  severa  ly  ac- 
knowledged the  execution  of  the  foregoing  instrument  of  writing  to  be  the 
free  act  and  deed  of  the  said  company.  And  I  further  certify,  that  I  know 
the  seal  aflBxed  to  said  instrument  to  be  the  corporate  seal  of  the  said  com- 
pany. [Signature,  etc.] 

[If  taJcen  without  the  State,  insert,  In  witness,  etc.,  as  in  preceding  form.] 


Minnesota. 

[A  scroll  or  device  is  a  sufficient  seal  for  deeds,  except  where  an  official 
seal  is  provided.  A  deed  must  be  executed  in  the  presence  of  two  witnesses, 
who  must  subscribe  it  as  such.  The  certificate  should  be  indorsed  upon  the 
deed.  Married  women  residing  without  the  State  need  not  be  separately  ex- 
amined. The  statutes  do  not  provide  for  proof  by  subscribing  witness,  ex- 
cept in  a  court  of  record  in  the  State,  when  the  grantor  has  died,  or  resides  else- 
where, or  refuses  to  acknowledge.  A  deed  executed  without  the  State  and 
within  the  United  Slates,  may  be  executed  according  to  the  laws  of.  the  place 
of  execution.] 

78.  AcTcnowledgment. 
State  op  ,  ) 

County  of  .  J     ' 

Be  it  remembered,  that  on  the        day  of  ,  18      ,  before  the  under- 

signed *  came  A.  B.  [and  0.  D.],  to  me  known  to  be  the  identical  person 
[or,  persons]  described  in,  and  who  executed  the  foregoing  deed,  and  [sever- 
ally] acknowledged  that  he  [or,  they]  executed  the  same  freely  and  volun- 
tarily, for  the  uses  and  purposes  therein  expressed.    [Signature  and  title.] 

79.  Achnowledgment  where  a  Resident  Married  Woman  Joins  her  Husband 

in  the  Deed. 

[As  in  the  preceding  form  to  the  *,  continuing  thus:]  came  A.  B.,  and 
C.  B.  his  wife,  to  me  known  to  be  the  identical  persons  described  in,  and 
who  executed  the  foregoing  deed,  and  severally  acknowledged  that  they 
executed  the  same  freely  and  voluntarily,  for  the  uses  and  purposes  therein 
expressed.  And  the  said  C.  B.,  being  by  me  first  duly  taken  separate  and 
apart  from  her  husband,  acknowledged  that  she  executed  the  said  deed 
freely,  and  without  any  fear  or  compulsion  from  any  one. 

[Signature  and  title.] 


ACKNOWLEDGMENT  AND  PEOOF  OF  DEEDS.  47 

Mississippi. 

80.  Proof  hy  Sulscribing  Witness  Before  a  Court  of  Record  Within  the 

State. 


State  of  Mestnesota,  ) 


County  of 

Be  it  eemembebed,  that  on  this        day  of  ,18      ,  it  appearing  to 

the  court  that  A.  B.,  the  grantor  in  the  within  [or^  annexed]  deed  to  Y.  Z., 
bearing  date  the        day  of  ,  18      ,  has  died  [or,  departed  from  this 

State,  or,  resides  out  of  this  State,  as  the  case  may  he'],  not  having  acknow  • 
ledged  the  execution  of  such  deed,  M.  N.,  a  competent  subscribing  witness 
to  said  deed,  appeared  in  open  court,  and  being  duly  sworn  according  to 
law,  deposed  and  said,  that  he  is  the  identical  person  of  that  name  who  at- 
tested the  said  deed  as  a  subscribing  witness ;  that  he  saw  the  said  A.  B. 
duly  execute  the  said  deed  for  the  purposes  therein  stated,  and  that  he,  the 
said  M.  N,  and  O.  P.,  the  other  subscribing  witness  to  said  deed,  then  and 
there  subscribed  the  same  as  witnesses,  in  the  presence  of  said  A.  B.,  and 
in  the  presence  of  each  other. 

In  testimony  whereof,  I,  G.  H.,  clerk  of  said  court,  which  is  a  court  of 
record,  have  hereto  set  my  hand  and  affixed  the  seal  of 
[Seal  of  Court.]         said  court,  this        day  of  ,18 

{Signature]  Clerk  of  Court. 

Mississippi. 

[A  scroll,  or  the  word  "  seal,"  is  a  sufficient  private  seal  for  a  deed.  There 
should  be  two  witnesses,  unless  the  deed  is  acknowledged.  The  certificate 
should  be  indorsed  on  the  deed. 

A  deed  by  a  firm  should  be  acknowledged  or  proved  as  to  all  the  partners. 
An  acknowledgment  by  one  partner,  as  his  and  their  act,  is  not  enough,  unless 
his  authority  to  execute  it  in  his  name,  or  ratification  by  them,  is  shown,  at 
least  where  the  deed  is  oflFered  in  evidence,  (m)] 

81.  AcTcnowledgment. 
State  of  Mississippi,  ] 
County.      J 
On  this        day  of  ,  18     ,,  personally  appeared  before  me  \giving 

name  and  title  of  officer],  the  above-named  [or,  within-named]  A.  B.,  * 
who  acknowledged  that  he  signed,  sealed,  and  delivered  the  foregoing  deed, 
on  the  day  and  year  therein  mentioned,  as  his  voluntary  act  and  deed. 

Given  under  my  hand  [and  seal]  this       day  of  ,  A.  d.  one  thousand 

[Seal,  if  any.]       eight  hundred  and  .  [Signature  and  title.] 

82.  The  Same,  by  Husland  and  Wife. 
[As  in  the  preceding  form  to  the  *   continuing  thus:]  and  C.  B.  his 
wife,  who  severally  acknowledged  that  they  signed,  sealed,  and  delivered 
the  foregoing  deed,  on  the  day  and  year  therein  mentioned,  as  their  volun- 
tary act  and  deed.     And  the  said  C.  B.,  upon  a  private  («)  examination  be- 

(m)  Shirley  «.  Fearne,  83  Miss.  {Geo.),  band,"  is  held  to  satisfy  the  statute.    Love 

658.  V.  Taylor,  26  Miss.  (4  Cushm.),  567.     The 

(»)  The  word  "  private"  is  not  essen-  contrary  is  held  in  Michigan,    Sibley  v. 

tial ;  "  separate  and  apart  from  her  hus-  Johnson,  1  Manning,  380. 


48  ABBOTTS'  FOE^IS. 


Acknowledgment,  &o.,  of  Deeds  for  Mississippi ;  Missouri. 

fore  me,  apart  from  her  husband,  previously  acknowledged  that  she  signed, 
sealed,  and  delivered  the  same  as  her  voluntary  act  and  deed,  freely,  with- 
out any  fear,  threats,  or  compulsion  of  her  husband. 
GiVBN  [eitf.,  as  in  preceding  form.^ 


83.  Proof  hy  Subscribing  Witness. 
State  of  , )  ^^^ 

County  of  •  j 

Be  it  hemembebed.  that  on  this  day  of  ,  in  the  year  one 

thousand  eight  hundred  and  ,  before  me,  the  undersigned  M.  N.,  a 

commissioner,  resident  in  ,  duly  commissioned  and  qualified  by  the 

executive  authority,  and  under  the  laws  of  the  State  of  Mississippi,  to  take 
the  acknowledgment  and  proof  of  deeds,  etc.,  to  be  used  or  recorded 
therein,  personally  appeared  O.  P.,  one  of  the  subscribing  witnesses  to  the 
above  [or,  foregoing]  deed,  who,  being  first  duly  sworn,  deposeth  and  saith 
that  he  saw  the  therein-named  A.  B.,  whose  name  is  subscribed  thereto, 
sign,  seal,  and  deUver  the  same  to  the  therein-named  Y.  Z.  [or,  that  he 
heard  the  therein-named  A.  B.  acknowledge  that  he  signed,  sealed,  and  de- 
livered the  same  to  the  therein-named  Y.  Z.] ;  that  he,  this  deponent,  sub- 
scribed his  name  as  a  witness  thereto,  in  the  presence  of  the  said  A.  B. ; 
and  that  he  saw  the  other  subscribing  witness,  Q.  R.,  sign  the  same  in  the 
presence  of  said  A.  B. ;  and  that  the  said  witnesses  signed  in  the  presence 
of  each  other,  on  the  day  and  year  therein  named. 

In  witness  whekeof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal,  the  day  and  year  aforesaid. 

[Seal.l  [Signature  and  title.] 

84.  Authentication  of  Acknowledgment  Talcen  by  Judge  Without  the  State, 

State  (or,  Tebritoey)  of       , ) 

County  [or,  City]  of  . )     ' 

I,  J.  K.,  clerk  of  the  court  of  ,  for  the  county  [or,  city]  and  State 

aforesaid  [or,  register,  etc.,  as  the  case  may  be],  do  hereby  certify  that 
M.  N.,  whose  name  is  subscribed  to  the  foregoing  certificate,  is,  and  was  at 
the  time  he  subscribed  the  said  certificate,  a  judge  of  the  court  of 
[or,  a  justice  of  the  peace,  as  the  case  may  he],  of  the  State  and  county  afore- 
said, duly  commissioned,  qualified,  and  acting ;  that  the  same  is  his  genuine 
signature ;  and  full  faith  and  credit  are  due  to  his  official  acts  as  such. 

In  testimony  weeeeof,  I  have  hereunto  set  my  hand  and  affixed  my 
seal  of  office,  this        day  of  ,  a.  d.  18    . 

[Official  seal.]  [Signature  of  cleric  or  registei'.] 

Missotiri. 

[A  seal  is  necessary  for  a  deed  ;  and  a  scroll  is  sufficient  for  this  purpose,  if 
the  intention  to  make  a  sealed  instrument  is  expressed  in  the  instrument. 
The  certificate  should  be  indorsed  upon  the  instrument.] 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  49 

Missouri. 


85.  Aclcnowledgment  by  a  Grantor  Personally  Known  to  the  Officer. 
State  of  Missouri,  1 

County  of  .  )     ' 

Be  it  remembered,  that  A.  B.,  who  is  personally  known  to  the  under- 
signed, a  justice  of  the  peace  within  and  for  said  county  [or,  other  officer, 
as  the  ease  may  ie],  to  be  the  person  whose  name  is  subscribed  to  the 
within  [or,  foregoing]  deed  [or,  instrument  of  writing],  as  a  party  thereto, 
this  day  appeared  before  me,  and  acknowledged  that  he  executed  and  de- 
livered the  same,  as  his  voluntary  act  and  deed,  for  the  uses  and  purposes 
therein  contained. 

Given  under  my  hand  [and  seal  of  office],  this        day  of  ,  18      . 

\Seal,  if  any.]  [Signature  and  title.] 

86.  Achnowledgment  hy  Orantor  Not  Personally  Known  to  the  Officer. 
State  of  , ] 

County  of  . )      ' 

Be  it  remembered,  that  on  this        day  of  ,  18     ,  at  , 

A.  B.  personally  appeared  before  the  undersigned,  a  justice  of  the  peace 
within  and  for  said  county ;  and  C.  D.  and  E.  F.,  two  witnesses,  having 
been  by  me  lirst  duly  sworn,  deposed  and  said  that  the  said  A.  B.  is  the 
person  whose  name  is  subscribed  to  the  within  [or,  foregoing]  deed  [or, 
instrument  of  writing],  as  a  party  thereto ;  and  the  said  A.  B.  then  and 
there  acknowledged  that  he  executed  and  delivered  the  same  as  his  volun- 
tary act  and  deed,  for  the  uses  and  purposes  therein  contained. 

Given  [etc.,  as  in  preceding  form]. 

87.  By  Husband  and  Wife,(p')  to  Extinguish  Dower. 
State  of  Missouri,  ] 

County  of  •) 

Be  it  remembered,  that  A.  B.,  and  0.  B.  his  wife,  who  are  personally 
known  to  the  undersigned,  a  justice  of  the  peace  within  and  for  said  county 
[or  other  officer,  as  the  case  may  be],  to  be  the  persons  whose  names  are 
subscribed  to  the  within  [or,  foregoing]  deed  [or,  instrument  of  writing],  as 
parties  thereto,  this  day  appeared  before  me,  and  acknowledged  that  they 
executed  and  delivered  the  same,  as  their  voluntary  act  and  deed,  for  the 
uses  and  purposes  therein  contained.  And  the  said  0.  B.,  being  by  me 
made  acquainted  with  the  contents  of  said  deed  [or,  instrument],  acknow- 
ledged, on  an  examination  apart  from  her  said  husband,  that  she  executed 
the  same,  and  relinquishes  her  dower  in  the  real  estate  therein  mentioned, 
freely  and  without  compulsion  or  undue  influence  of  her  said  husband. 

Given  under  my  band  [and  seal  of  office],  this        day  of  *,  18 

[Seal,  if  any.]  [Signature  and  title.'] 

(o)   As  to  what  deviations   from  the  rial,    see  Chauvin   a.  Wagner,    IS    Mo., 

statute,  in  an  acknowledgment  by  a  mar-  531,  and  cases  cited  ;  Thomas  a.  Meier,  A, 

ried  woman,  may  be  regarded  as  mate-  573;  Perkins  a.  CarteH,.  20  Zi.,  465. 
4 


50  ABBOTTS'  FORMS. 


Acknowledgment,  &c.,  of  Deeds  for  Missouri. 


88.  By  Husband  and  Wife,  to  Convey  Wifeh  Estate. 
State  of  Missoubi,  ] 

County  of  .)     ' 

Be  it  remembered,  that  A.  B,,  and  0.  B.  his  wife,  who  are  personally 
known  to  the  undersigned,  clerk  of  the  Circuit  Court  of  said  county  [or, 
judge,  etc.\  to  be  the  persons  whose  names  are  subscribed  to  the  within 
[or,  foregoing]  deed  [or,  instrument  of  writing],  as  parties  thereto,  this  day 
appeared  before  me,  and  acknowledged  that  they  executed  and  delivered 
the  same  as  their  voluntary  act  and  deed,  for  the  uses  and  purposes  therein 
contained.  And  the  said  C.  B.,  being  by  me  made  acquainted  with  the 
contents  of  said  deed  [or,  instrument],  acknowledged,  on  an  examination 
apart  from  her  said  husband,  that  she  executed  the  same,  freely  and  without 
compulsion  or  undue  influence  of  her  said  husband. 

Given  [etc.,  as  in  proceeding  form], 

89.  Acknowledgment  of  Conveyance  hy  Power  of  Attorney. 
State  of  Missouri,  ) 

County  of  .  j     * 

Be  it  remembered,  that  C.  D.,  who  is  personally  known  to  the  under- 
signed,  0.  P.,  justice  of  the  peace  within  and  for  the  county  of  , 

aforesaid,  to  be  the  person  who  subscribed  the  name  of  A.  B.  to  the  fore- 
going [or,  within]  deed  [or,  instrument  of  writing],  as  a  party  thereto,  as  at- 
torney in  fact  of  the  said  A.  B.,  personally  appeared  before  me  on  the 
day  of  ,  18    ,  and  acknowledged  that  he  executed  the  said  deed  [or, 

instrument  of  writing]  as  the  act  and  deed  of  the  said  A.  B.,  for  the  uses  and 
purposes  therein  mentioned. 

Given  [etc.,  as  in  Form  87.] 

90.  Proof  hy  Witness  Where  Grantor  is  Dead  or  Cannot  he  Procured,  or  Re- 
fuses  to  Achnowledye  (p). 

State  of  ,  | 

County  of  .  J      ■ 

This  is  to  certify,  that  on  this        day  of  ,  a.  d.  18       ,  before  me 

[here  set  forth  the  title  of  the  court  or  person  heforewhom  the  acinowledg- 
ment  is  tahen — e.  g.,  thus  .•]  K.  L.,  a  notary  public,  duly  appointed  in  and  for 
said  city  and  county,  personally  appeared  M.  N.,  who  by  me  being  first  duly 
sworn,  sfated  that  he  resided  at  ,  in  the  county  of  and  State 

of  ;  that  he  knew  A.  B.,  .the  grantor  in  the  foregoing  deed  [or,  instru- 

ment], and  that  the  said  A.  B.  was  dead  [or  state  excuse  for  absence^  ;  which 
is  satisfactory  evidence  to  me  that  his  attendance  could  not  be  procured  to 
make  the  acknowledgment  [or  state  that,  hating  appeared,  he  refmed  toac- 
hnowledge  the  deed].    And  the  said  M.  N.  further  deposed  and  said  [or,  one 

(p)  There  is  no  provision  for  proof  by  If  the  subscribing  witnesses  also  cannot 
witnesses,  except  in  such  contingencies,     be  produced,  may  proceed  as  iu  Form  53. 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  51 

Nebraska.  Nevada.  New  Hampshire.  New  Jersey. 

O.  P.,  who  also  personally  appeared  before  me,  being  duly  sworn,  stated 
that  he  resided  at  ,  in  the  county  of  and  State  of  ,  and] 

that  he  was  the  subscribing  witness  to  said  deed  [or,  instrument],  and  that 
he  saw  A.  B.,  the  grantor  therein,  subscribe  and  seal  said  deed  [or,  that  the 
said  A.  B.,  grantor  tlierein,  acknowledged  to  him  that  he  had  subscribed, 
sealed,  and  executed  said  deed],  for  the  uses  and  purposes  therein  men- 
tioned; and  that  the  said  deponent,  and  Q.  R.  the  other  subscribing  wit- 
ness, then  subscribed  the  same,  as  attesting  witnesses,  at  the  request  of 
said  grantor. 

GiTEN  [etc.,  as  in  Form  87.] 

Nebraska. 

[May  follow  forms  given  for  Iowa.] 

Nevada. 

[May  follow  forms  given  for  0ALiFOBNiA.](g) 

Ne'wr  Hampshire. 

[A  seal  is  necessary  for  a  deed.  It  should  be  an  impression  on  wafer  or  wax. 
Official  seals  and  seals  of  court  may  be  on  the  paper  alone.  Two  subscribing 
witnesses  are  required.     A  married  woman  need  not  be  separately  examinedj 

91.  Achnowledgment  Within  the  State. 
State  of  New  Hampshire,  | 

County  [or.  Town]  of       .  j     '  . 

On  the        day  of  ,  18    ,  the  above  [or,  within]  named  A.  B.  [and 

C.  B.  his  wife]  personally  appeared,  and  acknowledged  the  above  [or, 
within]  written  instrument,  by  him  [<??•,  them]  subscribed,  to  be  his  [or,  their] 
free  and  voluntaiy  act  and  deed,  *  before  me. 

[Signature  and  title.] 

92.  Acknowledgment  Without  the  State. 

[As  in  preceding  form  to  the  *  at  the  end,  concluding  thus:]  before  me, 
M.  N.,  a  justice  of  the  peace  [or,  a  notary  public,  or  otherwise]  in  and  for  the 
State  [or.  Territory]  and  county  [and  town]  aforesaid. 

[Seal,  if  any.]  [Signature  and  title.] 

New  Jersey. 

[A  seal  for  a  deed  should  be  an  impression  on  wax  or  wafer ;  although  a 
scroll  is  a  sufficient  seal  upon  a  mere  obligation  for  payment  of  money.  One 
witness  is  usual.  The  certificate  should  be  written  upon  or  under  the  instru- 
ment.] 


(q)  It  is  enacted  by  the  Laws  of  Nevada,  and  valid  in  law ;  provided,  that  a  certlfl- 

that  "  acknowledgments  of  deeds  taken  cate  of  the  State  or  Territory,  or  ajudg-e 

out  of  this  Territory  affecting  real  property  of  a   court   of  record,  as  to  the  official 

within  this  Territory,  before  any  notary  character  of  such  notary  public,  shall  ao- 

public  antliorized  by  law  to  take  acknow-  company  the   certificate    of   the    notary 

ledgments,  shall  he  deemed  to  be  good  public.    Lazes  of  lS6i,  ch.  52,  §  1. 


52  ABBOTTS'  FORMS. 


Aeknowledgmqnt,  &c.,  of  Deed*  for  New  Jer.-^ey. 


'  93.  Achnowledgment  Within  the  State  by  Grantor  Known  or  Identified. 

State  of  New  Jebset,  ) 
County  of  .        \  **• 

Be  it  bemembesed,  that  on  this        day  of  ,  18    ,  before  nie  {giving 

name  and  title  of  officer]  personally  came  A.  B.,  who  I  am  satisfied  is  the 
grantor  mentioned  in  the  foregoing  deed  [or,  instrument],  and  I  having  first 
made  known  to  him  the  contents  thereof,  he  acknowledged  that  he  signed, 
sealed,  and  delivered  the  same  as  his  voluntary  act  and  deed,  for  the  uses 
and  purposes  therein  expressed.  [Signature.'] 

94.  Acknowledgment  Within  the  State  hy  Husband  and  Wife,  Known  or 

Identified. 
State  of  New  Jersey,  | 

*  County  of  .       [  **' 

Be  it  eemembeeed,  that  on  this        day  of  ,  18    ,  before  me  [giving 

name  and  title  of  officer]  personally  came  A.  B.,  and  0.  B.  his  wife,  who  I 
am  satisfied  are  the  grantors  mentioned  in  the  foregoing  deed  [or.  instru- 
ment] ;  and  I  having  first  made  known  to  them  the  contents  thereof,  they 
acknowledged  that  they  signed,  sealed,  and  delivered  the  same  as  their  vol- 
untary act  and  deed,  for  the  uses  and  purposes  therein  mentioned.  And  the 
said  0.  B.,  being  by  me  examined  privately  and  apart  from  her  husband 
previously  acknowledged  that  she  signed,  sealed,  and  delivered  the  same  as 
her  voluntary  act  and  deed,  freely,  and  without  any  fear,  threats,  or  com- 
pulsion of  her  husband.  [Signature.] 

95.  Acknotcledgment  of  Deed  by  a  Corporation. 

State  of  New  Jebset,  ) 
County  of  .       J 

Be  it  eemembeeed,  that  on  this        day  of  ,  18    ,  before  me  [giving 

name  and  title  of  officer]  personally  came  A.  B.,  who  is,  I  am  satisfied,  the 
cashier  of  the  Bank  at  ,  who,  being  by  me  duly  sworn,  did 

depose  and  say :  That  he  knows  the  corporate  seal  of  said  bank,  and  that 
the  seal  affixed  to  the  foregoing  conveyance  [oi\  instrument]  is  the  corporate 
seal  of  said  bank ;  and  that  the  said  seal  was  affixed  to  the  said  conveyance 
[or,  instrument]  by  order  of  the  directors  of  said  bank ;  that  0.  D.  is  the 
president  of  said  bank,  and  did  sign  the  said  conveyance  [or,  instrument] 
by  order  of  the  said  directors,  in  deponent's  presence ;  and  that  he,  this 
deponent,  by  the  like  order,  did  sign  his  name  thereto  as  the  cashier  of  said 
bank.  [Signature.] 

96.  Acknowledgment  of  Deed  Executed  by  an  Attoimey  in  Fact. 
State  of  New  Jebset,  ) 
County  of  .        f    ' 

Be  it  eemembebep,  that  on  the        day  of  ,  18    ,  before  me  [giving 

name  and  title  of  officer]  personally  came  0.  D.,  who,  I  am  satisfied,  is  the 
attorney  in  fact  of  A.  B.,  the  grantor  named  in  the  foregoing  conveyance 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  53 

New  Jersey. 

[or,  instrument] ;  and  I  having  first  made  known  to  him  the  contents  thereof, 
he  acknowledged  that  he  signed,  sealed,  and  delivered  the  same  in  the 
name  of,  and  as  the  voluntary  act  and  deed  of,  the  said  A.  B.,  for  the  uses 
and  purposes  therein  mentioned.  [Signature.] 

97.  Proof  ly  Subscribing  Witness. 

State  of  New  Jebset,  ) 

County  of  .        J     ' 

Be  it  bemembeeed,  that  on  this        day  of  ,  18    ,  personally  came 

before  me  [giving  name  and  title  of  officer]  M.  N.,  of  full  age,  who,  being 
duly  sworn  according  to  law,  on  his  oath  saith :  [or,  who,  alleging  himself 
to  be  conscientiously  scrupulous  of  taking  an  oath,  being  duly  affirmed 
according  to  law,  on  his  solemn  affirmation  saith  :*]  That  he  saw  the  said 
A.  B.,  the  within-named  grantor,  sign,  seal,  and  deliver  the  within  convey- 
ance [or,  instrument],  as  his  voluntary  act  and  deed ;  and  that  he,  the  said 
M.  N.,  subscribed  his  name  to  the  same  at  the  same  time,  as  an  attesting 
witness.  [Signature.] 

98.  Proof  where  Witness  is  Dead  or  Cannot  be  Obtained. 

[As  in  the  preceding  form  to  the  *,  continuing  thus :]  That  he  is  well 
acquainted  with  the  handwriting  of  0.  P.,  one  of  the  subscribing  witnesses 
to  the  within  conveyance  [or,  of  A.  B.,  the  within-named  grantor],  having 
frequently  seen  him  write;  and  that  he  verily  believes  the  name  of  the  said 
O.  P.  [or,  A.  B.],  signed  to  the  same  as  one  of  the  attesting  witnesses  [or, 
as  the  grantor  thereof],  is  the  proper  handwriting  of  the  said  O.  P.  [or,  the 
said  A.  B.]  And  deponent  further  says,  that  the  said  O.  P.  [or,  A.  B.]  is 
now  dead  [or,  resides  at  ,  in  the  State  of  ,  and  cannot  be  ob- 

tained to  prove — or,  acknowledge — the  said  deed.] 

[Signature.] 

99.  Achnowledgment  Without  the  State,  (r) 
State  of  , ] 

County  of  .  f 

Be  it  eemembered,  that  on  this        day  of  ,18      ,  before  the  sub- 

scriber, a  commissioner  for  the  State  of  New  Jersey  for  taking  the  acknow- 
ledgment and  proof  of  deeds,  personally  came  A.  B.  [and  C.'  B.  his  wife], 
known  to  me  [or,  proven  to  my  satisfaction]  to  be  the  grantor  [or,  grantors] 
in  the  within  conveyance  [or,  instrument]  named ;  and  the  contents  thereof 
being  by  me  first  made  known  to  him,  he  acknowledged  that  he  [or,  to 
them,  they  acknowledged  that  they]  signed,  sealed,  and  delivered  the  same 
as  his  [or,  their]  voluntary  act  and  deed.  [And  the  said  C.  B ,  being  by 
me  examined  privately  and  apart  from  her  husband,  acknowledged  that 
she  signed,  sealed,  and  delivered  the  same  freely,  without  any  fear,  threat, 

(r)  This  is  tlic  form  prescribed  by  the    witness  may  be  drawn  by  consulting  this 
executive  department  of  the  State  for  its    and  the  preceding  form,  No.  97. 
commissioners.      Proof    by    subscribing 


54  abboits-  forms. 


Acknowledgment,  &c.,  of  Deeds  for  Kew  Mexico;  New  York. 

or  compulsion  of  her  said  husband.]    All  which  I  certify  under  my  hand 
and  official  seal.  [Signature  and  title.l 

[Official  seal.] 

Nev7  Mexico. 

100.  Acknowledgment  iy  a  Grantor  Personally  Known  to  the  Officer. 

State  [or,  Tekeitobt]  of 
County  of 

Be  it  eemembeked,  tliat  on  this  day  of  ,  18  ,  before  me  [naming 
court,  or  officer  with  hit  title]  personally  came  *  A.  B.,  personally  known 
to  me  to  be  the  person  executing  the  within  [or,  foregoing]  instrument,  and 
acknowledged  that  he  executed  the  same  for  the  purposes  therein  men- 
tioned.(s)  [Signature  and  title.] 

[Official  seal.] 


'} 


101.  Achnowledgment  hy  Grantor  Not  Personally  Known  to  the  Offixser. 

[As  in  the  preceding  form  to  the  *,  coniinving  thus:]  A.  B.,  the  grantor 
named  in  the  within  instrument,  and  M.  N.  and  O.  P.,  and  the  said  M.  N. 
and  O.  P.,  being  by  me  severally  duly  sworn,  deposed  and  said  that  they 
knew  the  said  A.  B.,  and  that  he  was  the  same  identical  person  who  exe- 
cuted the  within  instrument ;  and  the  said  A.  B.  thereupon  acknowledged 
that  he  executed  the  same  for  the  purposes  therein  mentioned. 

[Official  seal.]  [Signature  and  title.] 

102.  Ac'knowledgment  hy  Husband  and  Wife. 

[As  in  Form  100  to  the  *,  continuing  thus:]  A.  B.,  and  C.  B.  his  wife, 
personally  known  to  me  to  be  the  persons  executing  the  within  [or,  forego- 
ing] instrument  [or  state  ])r oof  of  identity,  as  in  Form  101],  and  severally 
acknowledged  that  they  executed  the  same,  for  the  purposes  therein  "Inen- 
tioned.  And  the  said  C.  B.,  being  first  by  me  informed  of  the  contents  of 
the  instrument,  did  confess,  upon  an  examination  independent  of  her  hus- 
band, that  she  executed  the  same  voluntarily,  and  without  the  compulsion 
or  illicit  influence  of  her  husband.  [Signature  and  title.] 

[  Official  seal.] 

Nevr  York. 

[A  seal  should  be  an  impression  on  wax  or  wafer.  One  subscribing  witness 
is  necessary  for  a  grant  of  lands,  unless  the  instrument  is  acknowledged  by  the 
grantor.  Married  women  conveying  their  separate  estate,  acquired  since  th© 
act  of  1848,  and  those  residing  without  the  State  and  joining  their  husbands  in 
a  deed,  need  not  be  separately  examined. 

Certificates  of  acknowledgment  or  proof  may  be  annexed  or  indor8ed.(<)  It 
is  not  the  general  practice  to  insert  the  name  of  the  State  in  the  venue  of  cer- 
tificates taken  in  and  for  the  State,  though  it  is  jiroper  to  do  so,  and  it  always 
should  be  inserted  in  a  certificate  made  in  one  State  to  be  used  in  another.] 

(«)  If  taken  without  the  Territory,  add,  (<)  Thurman  v.  Cameron,  24  Wend., 
In  witness,  etc.,  as  in  Form  83.  87. 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.      55 


Acknowledgments  for  New  York. 


103.  Acknowledgment  Within  the  State  iy  Grantor  Known  to  the  Officer. 

COFNTY   OF  ,  SS. 

On  this        day  of  ,  in  the  year  18      ,  before  me  personally  came 

A.  B.,  to  me  known  to  be  the  individual  described  in,  and  who  executed 
the  within  [or,  above,  or,  annexed]  conveyance  [or,  instrument],  and  ac- 
knowledged that  he  executed  the  same  for  the  purposes  therein  mentioned. 

[Signature  and  title.] 

104.  By  One  of  Several  Grantors,  Known  to  the  Officer. 
County  of  ,  ss. 

On  this        day  of  ,  in  the  year  18      ,  before  me  personally  came 

A.  B.,  to  me  known  to  be  one  of  the  individuals  described  in,  and  who 
executed  the  within  [or,  annexed,  or,  above]  conveyance  [or,  instrument], 
and  acknowledged  that  he  executed  the  same  for  the  purposes  therein 
mentioned.  [Signature  and  titleJ] 

105.  By  Two  or  More  Grantors,  Known  to  the  OffijCer. 
County  of  ,  ss. 

On  this         day  of  ,  in  the  year  18       ,  before  me  personally  came 

A.  B.,  0.  D.,  and  E.  F.,  to  me  known  to  be  the  individuals  described  in,  and 
who  executed  the  within  [or,  above,  or,  annexed]  conveyance  [or,  instru- 
jnent],  and  severally  acknowledged  that  they  executed  the  same,  for  the 
purposes  therein  mentioned.  [Signature  and  title.] 

106.   By  a  Grantor  Not  Known  to  the  Officer. 
County  of  ,  ss. 

On  this        day  of  ,  18      ,  before  me  personally  came  A.  B.,  proven 

to  me  satisfactorily  to  be  the  individual  described  in,  and  who  executed  the 
within  [or,  above,  or,  foregoing]  conveyance  [or,  instrument],  by  the  oath 
of  M.  N.,  who  being  by  me  duly  sworn  [or,  affirmed],  did  depose  and  say, 
that  he  resided  in  the  city  of  ,  in  the  county  of  ;  that  he  was 

acquainted  with  the  said  A.  B.,  and  that  he  knew  him  to  be  the  same  per- 
son described  in,  and  who  executed  the  within  conveyance  [or,  instrument] ; 
and  thereupon  the  said  A.  B.  acknowledged  before  me  that  he  executed  the 
same,  for  the  purposes  therein  mentioned.  [Signature  and  title.] 

107.  By  Two  Grantors,  One  Known  and  One  Not  Known. 
County  of  ,  ss. 

On  this        day  of  ,18      ,  before  me  personally  came  A.  B.,  to  me 

known  to  be  one  of  the  individuals  described  in,  and  who  executed  the 
within  [or,  above,  or,  annexed]  conveyance  [or,  instrument] ;  and  also  per- 
sonally came  0.  D.,  satisfactorily  proven  to  me  to  be  the  other  individual 
[or,  one  of  the  other  individuals]  described  in,  and  who  executed  the  same, 
by  the  oath  of  M.  N.,  who  being  by  me  duly  sworn  [or,  affirmed],  said  that 


56  ABBOTTS'  FORMS. 


Acknowledgiueut  of  Deeds,  for  New  York. 


he  resided  in  the  town  of  ,  in  the  county  of  ,  and  that  he  knew 

the  said  C.  D.  to  be  one  of  the  individuals  described  in,  and  who  executed 
the  said  conveyance  [or,  instrument] ;  and  thereupon  the  said  A.  B.  and 
C.  D.  severally  acknowledged  before  me  that  they  executed  the  same,  for 
the  purposes  therein  mentioned,  [Signature  and  title.] 

108.  By  Five  Grantors,  Two  Known  and  Three  Not  Known. 

County  of  ,  ss. 

On  this        day  of  ,18      ,  before  me  personally  came  A.  B.  and 

C.  D.,  to  me  known  to  be  two  of  the  individuals  described  in,  and  who  exe- 
cuted the  wnthin  [or,  above,  or,  annexed]  conveyance  [or.,  instrument];  and 
also  personally  came  E.  F.,  G.  H.,  and  I.  J.,  satisfactorily  proven  to  me  to 
be  three  of  the  individuals  described  in,  and  who  executed  the  said  con- 
veyance [or,  instrument],  by  the  oath  of  M.  N.,  who  being  by  me  duly  sworn 
[or,  affirmed],  did  depose  and  say,  that  he  resided  in  the  town  of  •  ,  in 
the  county  of  ,  that  he  was  acquainted  with  the  said  E.  F.,  G.  H.,  and 

I.  J.,  and  that  he  knew  them  to  be  the  three  individuals  described  in,  and 
who  executed  the  said  conveyance  [or,  instruinent] ;  and  thereupon  the 
said  A.  B.,  0.  D.,  E.  F.,  G.  H.,  and  I.  J.  severally  acknowledged  before  me 
that  they  executed  the  same,  for  the  purposes  therein  mentioned. 

[Signature  and  title]. 

109.  By  Husband  and  Wife,  Known  to  the  Officer. 

County  of  ,  ss. 

On  this        day  of  ,  18      ,  before  me  personally  came  A.  B.,  and 

C.  B.  his  wife,  to  me  known  to  be  the  individuals  described  in,  and  who 
executed  the  within  [or,  above,  or,  annexed]  conveyance  [or,  instrument], 
and  severally  acknowledged  that  they  executed  the  same,  for  the  purposes 
therein  mentioned.  And  the  said  C.  B.,  on  a  private  examination  by  me 
made,  apart  from  her  husband,  acknowledged  that  she  executed  the  same 
freely,  and  without  any  fear  or  compulsion  of  her  said  husband. 

[Signature  and  title.] 

110.  By  Two  Husbands  and  their  Wives,  Known  to  the  Officer. 
County  op  ,  ss. 

On  this         day  of  ,  in  the  year  18    ,  before  me  personally  came 

A.  B.,  and  0.  B.  his  wife,  and  D.  E.,  and  F.  E.  his  wife,  known  to  me  to 
be  the  individuals  described  in,  and  who  executed  the  within  [or,  above,  or, 
annexed]  conveyance  [or,  instrument],  and  severally  acknowledged  that 
they  executed  the  same,  for  the  purposes  therein  mentioned.  And  the  said 
C.  B.  and  F.  E ,  on  a  private  examination  by  me  made,  apart  from  their  re- 
spective husbands,  severally  acknowledged  that  they  executed  the  same 
freely,  at  d  without  any  fear  or  compulsion  of  their  respective  husbands. 

[Signature  and  title,] 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  57 

Wife's  Acknowledgment, 

111.  By  Husband,  and  Wife,  Not  Known  to  the  Officer. 
County  of  ,  «s. 

On  this        day  of  »  18    ,  before  me  personally  came  A.  B.,  and 

C.  B.  his  wife,  both  proven  to  me  satisfactorily  to  be  the  individuals  de- 
scribed in,  and  who  executed  the  within  [or,  above,  or,  annexed]  conveyance 
[or,  instrument],  by  the  oath  of  M.  N.,  who  being  by  me  duly  sworn  [or, 
affirmed],  did  depose  and  say :  That  he  resided  in  the  town  of  ,  in 

the  county  of  ;  that  he  was  acquainted  with  the  said  A.  B.,  and  C.  B. 

his  wife ;  that  he  knew  them  to  be  the  same  persons  described  in,  and  who 
executed  the  within  conveyance  [or,  instrument] ;  and  thereupon  they  sever- 
ally acknowledged  before  me  that  they  executed  the  same,  for  the  purposes 
therein  mentioned.  And  the  said  0.  B.,  on  a  private  examination  by  me 
made,  apart  from  her  husband,  acknowledged  that  she  executed  the  said 
conveyance  [or,  instrument]  freely,  and  without  any  fear  or  compulsion  of 
her  said  husband.  [Signature  and  title.^ 

112.  By  Husband  Known,  and  Wife  Not  Known,  to  the  Ofjicer. 
County  of  ,  «». 

On  this         day  of  ,  18     ,  before  me  personally  came  A.  B  ,  and 

0.  B.  his  wife,  the  said  A.  B.  being  known  to  me  to  be  one  of  the  indi- 
viduals described  in,  and  who  executed  the  within  [or,  above,  or,  annexed] 
conveyance  [or,  instrument] ;  and  the  said  C.  B.,  being  proven  to  me  satis- 
factorily to  be  one  of  the  individuals  described  in,  and  who  executed  the 
said  conveyance  [or,  instrument],  by  the  oath  of  M.  ^.,  who  being  by  me 
duly  sworn  [or,  affirmed],  did  depose  and  say :  That  he  resided  in  the  town 
of  ,  in  the  county  of  ;    that  he  was  acquainted  with  the  said 

C.  B.,  the  wife  of  the  said  A.  B.,  and  that  he  knew  her  to  be  the  same  per- 
son described  in,  and  who  executed  the  said  conveyance ;  and  thereupon 
the  said  A.  B.,  and  the  said  0.  B.  his  wife,  severally  acknowledged  before 
me  that  they  executed  the  same,  for  the  purposes  therein  mentioned.  And 
the  said  C.  B.,  on  a  private  examination  by  me  made,  apart  from  her  hus- 
band, acknowledged  that  she  executed  the  same  freely,  and  without  any 
fear  or  compulsion  of  her  said  husband. 

[Signature  and  title.} 

113.  By  Wife,  in  a  Separate  Certificate. 
County  of  ,  ss. 

On  this        day  of  i  18    ,  before  me  personally  came  C.  B.,  wife  of 

A.  B.,  to  me  known  to  be  one  of  the  individuals  described  in,  and  who  exe- 
cuted the  within  [or,  abo,ve,  or,  annexed]  conveyance  [or,  instrument],  and 
acknowledged,  on  a  private  examination  by  me  made,  apart  from  her 
husband,  that  she  executed  the  same,  for  the  purposes  therein  mentioned, 
freely,  and  without  any  fear  or  compulsion  of  her  said  husband. 

[Signature  and  title.} 


68  A3B0TTS'  FORMS. 


Acknowledgment  of  Deeds,  for  New  York  ; — By  Agents  and  Officers. 

114.  By  Husband  and  Wife,  Resident  Without  the  State. 
COCNTT  OF  ,  ss. 

Od  this       day  of  ,  18    ,  before  me  personally  came  A.  B.,  and  also 

0.  B.  his  wife,  who  reside  at  ,  in  the  State  of  ,  and  who  are 

to  me  known  to  be  the  individuals  described  in  and  who  executed  the 
within  [or,  above,  or,  annexed]  conveyance  [or,  instrument],  and  severally 
acknowledged  that  they  executed  the  same,  for  the  purposes  therein  men- 
tioned. [Signature  and  title.] 

115.  By  Attorney  in  Fact^  Known  to  the  Officer. 

CotUTTT  OF  ,  8S. 

On  this  day  of  »  18     ,  before  me  personally  came  A.  B.,  the 

attorney  of  C.  D.,  known  to  me  to  be  the  individual  described  in,  and 
who  as  such  attorney  executed  the  within  [or,  above,  or,  annexed]  con- 
veyance [or,  instrument],  and  acknowledged  that  he  executed  the  same  as 
the  act  and  deed  of  C.  D.,  therein  described,  and  for  the  purposes  therein 
mentioned,  by  virtue  of  a  power  of  attorney  duly  executed  by  the  said  C.  D., 
bearing  date  the         day  of  ,  in  the  year  18      [and  recorded  in  the 

office  of  the  register  in  and  for  the  city  and  county  of  ,  on  the        day 

of  ,  in  the  year  ].  [Signature  and  titled 

116.  By  Attorney  in  Fcust,  Not  Known  to  the  OffiMT. 
Cotr>TT  OF  ,  ««. 

On  thb        day  of  »  18    ,  before  me  personally  came  A.  B.,  proven 

satisfactorily  to  me  to  be  the  individual  described  in,  and  who  executed  the 
within  [or.^  above,  or.^  annexed]  conveyance  [or,  instrument],  as  the  attorney 
in  fact  of  C.  D.,  by  the  oath  of  M.  N.,  who  being  by  me  duly  sworn  [or, 
affirmed],  did  depose  and  say :  That  he  resided  in  the  town  of  ,  in  the 

county  of  ;  that  he  was  acquainted  with  the  said  A.  B.,  and  that  he 

knew  hira  to  be  the  individual  described  in,  and  who  executed  the  said  con- 
veyance, as  the  attorney  in  fact  of  C.  D. ;  and  thereupon  the  said  A.  B. 
acknowledged  before  me  that  he  executed  the  same  as  the  act  and  deed  of 
the  said  C.  D.,  for  the  purposes  therein  mentioned. 

[Signature  and  title.] 

117.  By  a  Sheriff,  Referee,  or  Reeeiter. 

COTJSTX   OF  ,  S8. 

On  this        day  of  ,  18    ,  before  me  personally  came  A.  B.,  sheriff 

of  the  county  of  [or,  late  sheriff  of  the  county  of  ;  or,  referee 

in  the  cause  within  named ;  or,  receiver  in,  etc.],  to  me  known  to  be  the 
individual  described  in,  and  who  executed  the  within  [or,  above,  or,  an- 
nexed] conveyance  [or,  instrument],  and  acknowledged  that  he  executed 
the  same,  for  the  purposes  therein  mentioned. 

[Signature  and  title.] 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  59 

Acknowledgment  by  Officers,  &c. 

118.  By  Deputy  or  Under-sheriff. 
County  of  ,  ss. 

On  this        day  of  ,  18     ,  before  me  personally  came  A.  B,,  known 

to  me  to  be  the  deputy  [or,  under-sheriff]  of  0.  D.,  sheriff  of  the  county 
of  ,  who  is  to  me  known  to  be  the  individual  described  in,  and  who 

by  his  said  deputy  [or,  under-sheriff]  executed  the  within  [or,  above,  or  an- 
nexed] conveyance  [or,  instrument] ;  and  the  said  A.  B.  acknowledged  that 
he,  as  deputy  [or,  under-sheriff]  as  aforesaid,  had  executed  the  same  in  the 
name,  and  as  the  act  and  deed  of  the  said  sheriff,  for  the  purposes  therein 
mentioned.  [^Signature  and  title.'] 

119.  By  Executor  or  TYustee, 
County  of  ,  ss. 

On  this         day  of  ,  in  the  year  18    ,  before  me  personally  came 

A.  B.,  the  executor  of  the  last  will  and  testament  [or,  trustee  of  the  estate] 
of  C.  D.,  to  me  known  to  be  the  individual  described  in,  and  who  executed 
the  within  [or,  above,  or,  annexed]  conveyance  [or,  instrument],  and  acknow- 
ledged that  he  executed  the  same  as  such  executor  [or,  trustee]  as  aforesaid, 
for  the  purposes  therein  mentioned.  [Signature  and  title.] 

120.  By  a  Grantor,  After  Attaining  Majority,  to  Confirm  a  Deed  Executed 

During  Minority. 
County  of  ,  «s. 

On  this         day  of  ,  in  the  year  18     ,  before  me  personally  came 

A.  B.,  to  me  known  to  be  the  individual  described  in  and  who  executed  the 
within  [or,  above,  or,  annexed]  conveyance,  and  acknowledged  that  the 
said  conveyance  was  formerly  executed  by  him  when  he  was  an  infant, 
under  twenty -one  years  of  age ;  that  he  has  since  arrived  at  fuU  age,  and  is 
desirous  of  confirming  his  former  execution  thereof;  and  he  now  acknow- 
ledges that  he  executed  the  same,  as  and  for  his  act  and  deed,  for  the  pur- 
poses therein  nientioned.  [^Signature  and  title.] 

121.  Proof  Within  the  State,  ly  Sulscriiing  Witness  Known  to  the  Officer. 
County  of  ,  ss. 

On  this        day  of  ,  in  the  year  18    ,  before  me  personally  came 

M.  N.,  subscribing  witness  to  the  within  [or,  above,  or,  annexed]  conveyance 
[or,-  instrument],  with  whom  I  am  personally  acquainted,  who  being  by  me 
duly  sworn,  said  that  he  resided  in  the  city  of  .  ;  tliat  he  was  ac- 

quainted *  with  A.  B.,  and  knew  him  to  be  the  person  described  in,  and 
who  executed  the  said  conveyance  [or,  instrument];  and  that  he  saw  him 
execute  and  deliver  (m)  the  same,  and  that  he  acknowledged  to  him,  the 

(«)  The  words  "and  deliver"  are   not  Stat.,  758,  §§  12,16.)    But  the  provisions 

inserted    in  the  forms  in  most  common  of  the  New  York  statute,  which  require  a 

use,  and  doubtless  are  not  essential  to  a  subscribing  witness  (l/A.,738,  §  137),  re- 

sufflcient  certificate  to  entitle  a  deed  to  be  quire  the  witness  to  attest  the  execution 

read  in  evidence  or  recorded.      (1  Jiev.  and  delivery. 


60  ABBOTTS'  FOEMS. 


Proof  of  Deed  by  Subscribing  Witness. 


said  M.  N.  [naming  witness],  that  he  executed  and  delivered  the  same  (i), 
and  that  he,  said  M.  N.,  thereupon  subscribed  his  name  as  a  witness 
thereto.  [Signature  and  title.] 


122.  By  Subscribing  Witness,  Not  Known  to  the  Officer. 
OOUNTT  OF  ,  ss. 

On  this         day  of  ,  in  the  year  18      ,  before  me  personally  came 

M.  N.  and  O.  P. ;  and  the  said  O.  P.,  to  me  known,  being  by  me  duly  sworn, 
said  that  he  resided  in  the  city  of  ,  that  he  was  acquainted  with  the 

said  M.  N.,  then  present,  and  knew  him  to  he  the  same  person  who  was  a 
subscribing  witness  to  the  within  [or,  above,  or,  annexed]  conveyance  [or,  in- 
strument], which  is  to  me  satisfactory  evidence  thereof;  and  the  said  M.  N., 
being  duly  sworn,  said  that  he  resided  in  the  city  of  ;  that  he  was 

acquainted  with  A.  B.,  and  knew  him  to  be  the  person  described  in,  and 
who  executed  the  said  conveyance  [or,  instrument] ;  that  he  saw  him  exe- 
cute and  deliver  the  same  ;  and  that  he  acknowledged  to  him,  the  said  M.  N. 
[naming  the  witness],  that  he  executed  and  delivered  the  same;  and  he,  the 
said  M.  N.,  thereupon  subscribed  his  name  as  a  witness  thereto. 

[Signature  and  title.] 


123.  Proof  by  Subscribing  Witness,  as  to  Husband,  and  Acknowledgment  by 
Wife,  both  being  Known  to  the  Officer. 

County  of  ,  ss. 

On  this        day  of  ,  in  the  year  18    ,  before  me  personally  came 

M.  N.,  subscribing  witness  to  the  within  [or,  above,  or,  annexed]  conveyance 
[or,  instrument],  with  whom  I  am  personally  acquainted,  who  being  by 
me  duly  sworn,  said  that  he  resided  in  the  city  of  ;  that  he  was  ac- 

quainted with  A.  B  ,  and  knew  him  to  be  one  of  the  persons  described  in, 
and  who  executed  the  said  conveyance  [or,  instrument] ;  that  he  saw  him 
execute  and  deliver  the  same ;  and  that  he  acknowledged  to  him,  the  said 
M.  N.  [naming  witness],  that  he  executed  and  delivered  the  same:  and  that 
he,  said  M.  N.,  thereupon  subscribed  his  name  as  a  witness  thereto.  At 
the  same  time,  also,  appeared  before  me  C.  B.,  the  wife  of  the  said  A.  B., 
to  me  known  to  be  one  of  the  individuals  described  in,  and  wlio  executed 
the  aforesaid  instrument ;  and  on  a  private  examination  by  me  made,  apart 
from  her  husband,  acknowledged  that  she  executed  the  said  conveyance 
freely,  without  any  fear  or  compulsion  of  her  said  husband. 

[Signature  and  title.] 


(»)  It  was  held  in  Jackson  a.  Phillips  (9  but  this  is  denied  in  Hollenback  a.  Flem- 

Cow.,  94)  tliat  this  clause,  "  and  that  he  ing  (6  Bill,  803). 

acknowledged,"  etc.,  is  sufficient,  without        It  is  the  usual  practice  to  insert  both 

saying  that  the  witness  saw  the  execution  ;  clauses. 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.      61 

Proof  by  Subscribing  Witness. 

124.  Proof  by  Subscribing  Witness  as  to  Eusband,  and  Achnowled gment  by 

the  Wife,  neither  She  nor  Witness  being  Known  to  the  Officer. 

CotTNTY  OF  ,  SS. 

On  this         day  of  ,  in  the  year  18    ,  before  me  personally  came 

M.  N.,  subscribing  witness  to  the  within  [or,  above,  or,  annexed]  conveyance 
[or,  instrument],  who  being  by  me  duly  sworn,  said  that  he  resided  in  the 
city  of  ,  that  he  was  acquainted  with  A.  B.,  and  knew  him  to  be  one 

of  the  persons  described  in,  and  who  executed  the  said  conveyance  [or,  in- 
strujnent] ;  that  he  saw  him  execute  and  deliver  the  same  ;  and  that  he  ac- 
knowledged to  him,  the  said  M.  N.  [naming  witness],  that  he  executed  and 
delivered  the  same  ;  and  that  he,  the  said  M.  N.,  thereupon  subscribed  his 
name  as  a  witness  thereto.  At  the  same  time,  also,  appeared  before  me 
C.  B.,  the  wife  of  the  said  A.  B.,  who,  on  a  private  examination  by  mo 
made,  apart  from  her  husband,  acknowledged  that  she  executed  the  said 
conveyance  [or,  instrument]  freely,  without  any  fear  or  compulsion  of  her 
said  husband.  And  at  the  same  time,  also,  appeared  before  me  O.  J'.,  to 
me  known,  who  being  by  me  duly  sworn,  said  that  he  resided  in  the  city 
of  ;  that  he  was  acquainted  with  the  said  M.  N.,  then  present,  and 

knew  him  to  be  the  same  person  who  wus  a  subscribing  witness  to  the  said 
conveyance  [or,  instrument] ;  and  that  he  was  also  acquainted  with  the  said 
C.  11,  who  made  the  aforesaid  acknowledgment,  and  knew  her  to  be  one  of 
the  individuals  described  in,  and  who  executed  the  said  conveyance  [or,  in- 
strument], which  is  to  me  satisfactory  evidence  thereof. 

[Signature  and  title.] 

125.  Proof  by  Subscribing  Witness,  Knoion  to  the  Officer,  where  Cfrantori 

are  a  Husband  and  Non-resident  Wife. 
County  of  ,  ss. 

On  this         day  of  ,  in  the  year  18      ,  before  me  personally  came 

M.  N.,  subscribing  witness  to  the  within  [or,  above,  or,  annexed]  conveyance 
[or,  instrument],  with  whom  I  am  personally  acquainted,  who  being  by  me 
duly  sworn,  said  that  he  resided  in  the  city  of  ;  that  he  was  acquainted 

with  A.  B.,  and  C.  B.  his  wife,  and  knew  them  to  be  the  persons  described 
in,  and  who  executed  the  within  [or,  above,  or,  annexed]  conveyance  [or,  in- 
strument] ;  that  the  said  C.  B.  resides  in  the  town  of  ,  county  of  , 
in  the  Stat«  of  ;  that  he  saw  them  execute  and  deliver  the  same ;  and 
that  they  severally  acknowledged  to  him,  the  said  [naming  'witness],  that 
they  executed  and  delivered  the  same ;  and  that  he,  said  M.  N.,  thereupon 
subscribed  his  name  as  a  witness  thereto.                  [Signature  and  title."] 

126.  By  Subscribing  Witness,  Not  Known  to  the  Officer,  where  Grantors  are 

Husband  and  Non-resident  Wife. 
County  of  ,  ss.  , 

On  this         day  of  ,  in  the  year  18      ,  before  me  personally  came 

M.  N.  and  O.  P. ;  and  the  said  0.  P.,  to  me  known,  being  by  me  duly  sworn, 
said  thnt  he  resided  in  the  city  of  ;  that  he  was  acquainted  with  the 


62  ABBOTTS'  FORMS. 


Proof  of  Deed  by  Witness; — OfScer  of  Corporation. 


said  M.  K,  then  present;  and  that  he  knew  him  to  be  the  same  person  who 
was  a  subscribing  witness  to  the  within  [or,  above,  or,  annexed]  conveyance 
[or,  instrnmentj,  which  is  to  me  satisfactory  evidence  thereof;  and  the  said 
M.  N.,  being  by  me  duly  sworn,  said  that  he  resided  in  the  city  of  , 

in  the  State  of  ;  that  he  was  acquainted  witli  A.  B.,  and  C.  B.  his 

wife,  and  knew  them  to  be  [two  of]  the  persons  described  in,  and  who  exe- 
cuted the  said  conveyance  [or,  instrument] ;  that  the  said  0.  B.  resided  in 
the  city  of  ,  in  the  State  of  ;  that  he  saw  tliem  execute  and  de- 

liver the  same ;  and  that  they  severally  acknowledged  to  him,  the  said  M. 
N.  [naming  witness],  that  they  executed  and  delivered  the  same  ;  and  he, 
the  said  M.  N.,  thereupon  subscribed  his  name  as  a  witness  thereto. 

[Signature  and  title.] 

127.  Proof  of  Deed  Executed  ly  Attorney,  hy  Subscribing  Witness  Known  to 

the  Officer. 
CotnrrY  of  ,  ss. 

On  this         day  of  ,  in  the  year  18      ,  before  me  personally  came 

M.  N".',  subscribing  witness  to  the  within  [or,  above,  or,  annexed]  convey- 
ance [or,  instrument],  with  whom  I  am  personally  acquainted,  who  being 
by  me  duly  sworn,  said  that  he  resided  in  the  city  of  ;  that  he  was 

acquainted  with  A.  B.,  attorney  of  C.  D.,  and  knew  him  to  be  the  person 
described  in,  and  who  executed  the  within  instrument ;  that  he  saw  the 
said  A.  B.  execute  and  deliver  the  same  ;  and  that  he  acknowledged  to  him, 
the  said  M.  N.  [naming  witness],  that  he  executed  the  same,  as  the  act  and 
deed  of  the  said  C.  D.  therein  described,  by  virtue  of  a  power  of  attorney 
executed  by  said  0.  D.,  dated  the         day  of  ,  in  the  year  18      [and 

recorded  in  the  oflSce  of  Register  of  the  city  of  ,  on  the         day  of 

,  in  the  year  18     ].     And  that  he,  the  said  M.  N.,  thereupon  sub- 
scribed his  name  as  a  witness  thereto.  [Signature  and  title.] 

128.  Proof  of  Deed  of  a  Corporation,  Signed  ly  th^  President,  Known  to  the 

Officer. 
County  of  ,  ss. 

On  this         day  of  ,  in  the  year  18      ,  before  me  personally  came 

A.  B.,  the  President  of  the  C.  Bank,  of  the  city  of  ,  with  whom  I  am 

personally  acquainted,  who  being  by  me  duly  sworn,  said  that  he  resided 
in  the  city  of  ;  that  he  was  the  President  of  the  C.  Bank ;  that  he 

knew  the  corporate  seal  of  said  bank ;  that  the  seal  affixed  to  the  within 
[or,  above,  or,  annexed]  conveyance  [or,  instrument]  was  such  corporate 
seal ;  that,  it  was  affixed  by  order  of  the  Board  of  Directors  of  said  bank ; 
and  that  he  signed  his  name  thereto  by  the  like  order,  as  president  of  said 
bank.  [Signature  and  title.] 

129.  The  Soma  of  a  Deed  Signed  by  the  President  and  Cashier  or  Secretary, 

^  and  Proved  by  the  Latter. 

OOTTNTY  OF  ,  8S. 

On  this  day  of  ,  in  the  year  18    ,  before  me  personally  came 

C.  D.,  secretary  of  the  E.  Insurance  Company,  of  the  city  of  ,  with 


ACKNOWLEDGMENT  AND  PKOOF  OF  DEEDS.  63 

Proof  of  Corporate  Deed. 

whom  I  am  personally  acquainted,  who  being  by  me  duly  sworn,  said  that 
he  resided  in  the  city  of  ;  that  he  was  the  secretary  of  the  E.  Insur- 

ance Company,  of  the  city  of  ;  that  he  knew  the  corporate  seal  of  the 

said  company ;  that  the  seal  affixed  to  the  within  [or,  above,  or,  annexed] 
conveyance  [or,  instrument],  was  such  corporate  seal;  that  it  was  so  affixed 
by  order  of  the  Board  of  Directors  of  the  said  Company ;  and  that  he  signed 
his  name  thereto  by  the  like  order  as  secretary  of  the  said  company.  And 
the  said  C.  D.  further  said  that  he  was  acquainted  with  A.  B.,  and  knew 
him  to  be  the  president  of  said  company ;  that  the  signature  of  the  said 
A.  B.,  subscribed  to  the  said  conveyance,  was  in  the  genuine  handwriting 
of  the  said  A.  B.,  and  was  thereto  subscribed  by  the  like  order  of  the  said. 
Board  of  Directors,  and  in  the  presence  of  him,  the  said  C.  D. 

[Signature  and  titled 

130.  Proof  of  a  Deed  By  a  JReligious  Corporation. 

CoTISiTT  OF  ,  ss. 

On  the        day  of  ,  in  the  year  18    ,  before  me  personally  came 

A.  B.,  with  whom  I  am  personally  acquainted,  who  being  by  me  duly 
sworn,  said  that  he  resided  in  the  city  of  ,  and  was  the  clerk  of  the 

[here  designate  the  corporation  by  its  full  title],  that  he  knew  the  corporate 
seal  of  said  ,  and  that  the  seal  affixed  to  the  within  conveyance  was 

the  corporate  seal  of  the  said  corporation ;  that  it  was  affixed  by  order  of 
the  Board  of  Trustees  [or  otherwise]  of  the  said  corporation,  and  that  he 
signed  his  name  thereto  by  their  order,  as  clerk  of  said  corporation. 

[Signature  and  title.] 

131.  The  Same,  of  a  Deed  Signed  hv  the  Rector,  and  Proved  by  the  Cleric. 

CouxTT  OF  ,  ss. 

On  this        day  of  ,  in  the  year  18    ,  before  me  personally  came 

A.  B.,  with  whom  I  am  personally  acquainted,  who  being  by  me  duly 
sworn,  said  that  he*  resided  in  the  city  of  ;  that  he  was  clerk  of  the 

Protestant  Episcopal  Church  of  ,  in  the  city  of  ;  that  he  knew 

the  corporate  seal  of  said  corporation ;  that  the  seal  affixed  to  the  foregoing 
instrument  was  the  corporate  seal  of  said  corporation ;  that  it  was  affixed 
by  order  of  the  said  corporation,  and  that  he  signed  his  name  thereto  by  the 
like  order,  as  clerk  of  said  corporation.  And  the  said  A.  B.  further  said, 
that  he  was  acquainted  with  the  Eev.  0.  D.,  and  knew  him  to  be  the  rec- 
tor of  the  said  the  Protestant  Episcopal  Church  of  ,  of  the  city  of 
New  York ;  that  the  signature  of  the  said  Eev.  C.  D.,  subscribed  to  the 
said  instrument,  was  in  the  genuine  handwriting  of  the  said  Rev.  C.  D.,  and 
was  thereto  subscribed  by  the  like  order  of  the  said  corporation,  and  in  the 
presence  of  the  aforesaid  A.  B.                                  [Signature  and  title.] 

132.  Proof  of  Deed  by  Municipal  Corporation. 
County  op  ,  ss. 

On  this        day  of  ,  18    ,  before  me  personally  came  M.  N.,  known 

to  me  to  be  the  clerk  of  the  Common  Council  of  the  city  of  ,  who 


64  ABBOTTS'  FORMS. 


Proceedings  to  compel  Proof  of  Deed. 


being  by  me  duly  sworn,  deposed  that  he  resided  in  said  city;  that  the 
seal  affixed  to  the  foregoing  instrument  is  the  common  seal  of  the  corpora- 
tion of  the  city  of  ,  and  was  so  affixed  by  order  of  the  Common 
Council  of  said  city,  which  is  to  me  satisfactory  evidence  of  its  due  execu- 
tion. [Signature  and  title.] 

133.  Petition  /or  a  Subpcena  to  Compel  a  Subscribing  Witness  to  Prove  the 
Execution  of  a  Conveyance. 

To  HoK.  M.  IS.,  county  judge  of  the  county  of 

The  petition  of  Y.  Z.  respectfully  shows,  that  one  A.  B,  executed  and 
delivered  to  your  petitioner  [or,  to  W.  X.,  since  deceased,  and  of  whom 
your  petitioner  is  heir,  or,  executor,  etc., — or,  to  W.  X.,  und-er  whom  your 
petitioner  claims  title  to  the  land  hereinafter  mentioned] — a  conveyance  of 
lands  situate  at  ,  within  this  State,  the  execution  of  which  by  A.  B. 

has  not  been  acknowledged  or  proved;  and  that  O.  P.,  who  resides  at  , 
in  said  county  of  ,  is  a  witness  to  the  execution  of  said  deed ;  that 

said  A.  B.  has  died  since  the  execution  and  delivery  of  said  deed  [or,  is 
absent  from  this  State,  being  now  at  ] ;  that  the  execution  of  the  said 

deed  cannot  be  proved  without  the  evidence  of  the  said  O.  P. ;  that  your 
petitioner  has  applied  to  the  said  O.  P.,  and  requested  him  to  testify  touch- 
ing the  execution  of  the  said  deed,  and  that  the  said  O.  P.  has  refused  to 
appear  and  testify  touching  the  execution  tliereof.  notwithstanding  your 
petitioner  has  called  on  the  said  O.  P.  in  company  with  an  officer  empowered 
to  take  the  proof  of  the  execution  thereof  (w)  "Wiierefoee  your  petitioner 
prays  that  a  subpcena  be  issued  requiring  such  witness  to  appear  and  testify 
before  you  touching  the  execution  and  delivery  of  said  conveyance. 

[Signature  of  petitioner.] 

134.   Yerifiea  tvonof  Foregoing. 

COUKTT  OP  ,  M. 

A.  B.,  being  duly  sworn,  says  that  he  has  read  [or,  heard  read]  the  fore- 
going petition  subscribed  by  him,  and  knows  the  contents  thereof,  and  that 
the  same  are  true  of  his  own  knowledge,  except  as  to  the  matters  therein 
stated  on  information  and  belief,  and  as  to  those  matters  he  believes  it  to 
be  true.  [Signature.] 

Sworn  before  me,  this        day ) 
of  ,  18    .  S       . 

[Signature  and  title  of  officer  administering  oath.] 

185.  Subpanafor  a  Subscribing  Witness  to  Appear  and  Testify. 

To  0.  P.,  of  the  town  of  ,  county  of 

In  the  name  of  the  people  of  the  State  of  Xew  York,  you  are  hereby 
summoned  to  appear  before  me,  at  my  office,   [or,  at  the  courthouse,  or 


(w)  The  allegations  that  the  grantor  is    has  called  on  the  witness  with  an  officer, 
dead  or  absent,  and  that  the  petitioner    &N  usual,  but  not  essential. 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  G5 

Proceedings  to  compel  Proof  of  Deed. 

other  place]  in  the  village  of  ,  in  said  county,  on  the        clay  of  , 

18  ,  at  o'clock,  in  the  noon,  to  testify  touching  the  execution  of  a 
conveyance  from  one  A.  B.  to  Y.  Z.,  to  which  you  are  a  suhscribing  wit- 
ness, as  appears  by  the  application  of  the  said  Y.  Z.,  made  to  me  under  oath. 
"Whereof,  fail  not. 

Given  under  my  hand,  this        day  of  ,  18     , 

\_S'uj nature  and  title  ofjiidge.] 

1S6.  Affidavit  of  Service  of  Subpoena. 

COTmTY  OP  ,  88. 

H.  K.,  being  duly  sworn,  says  that,  on  the        day  of  ,  18    ,  at 

in  said  county,  he  served  the  within  [oy,  above,  or.  annexed]  subpoena  per- 
sonally on  O.  P.,  therein  named,  by  then  and  there  showing  to  him  the  said 
original  subpoena,  and  at  the  same  time  giving  to,  and  leaving  with  him  a 
copy  of  the  same,  and  at  the  same  time  and  place  paying  [or,  tendering] 
him        cents,  his  fees.  [Signature  of  deponent.] 

Sworn  before  me,  this        day ) 
of  ,  18     .  S 

[Signature  and  title  of  officer  administering  oath.] 

137.   Warrant  to  Attach  Witness  Not  Appearing. 

To  the  Sheriff  of  the  county  of  ,  greeting  : 

In  the  xame  of  the  people  of  the  State  of  New  York,  you  are  hereby 
commanded  forthwith  to  apprehend  and  take  into  custody  A.  B.,  of  your 
county,  and  bring  him  before  me,  M.  N.,  county  judge  of  said  county,  at 
my  office  [or,  at  the  courthouse]  in  the  village  of  ,  in  the  county 

of  ,  to  testify  touching  the  execution  of  a  conveyance  of  real  estate 

made  by  A.  B.  to  Y.  Z.,  to  which  deed  of  conveyance  the  said  O.  P.  is  a 
subscribing  witness,  as  it  has  been  duly  made  to  appear  to  me ;  the  said 
O.  P.  having  been  duly  subpoenaed  to  be  and  appear  before  me,  and  to  tes- 
tify touching  the  same,  and  having  neglected  [or,  refused]  to  a|tend  in  pur- 
suance of  said  subpoena. 

Given  under  my  hand  and  seal  this        day  of  ,  18     . 

\_Seal.]  [Signature  and  title.] 

138.  Commitment  of  Witness  Refusing  to  Testify. 

The  people  of  the  State  of  New  York,  to  any  constable  of  the  county 
of  ,  greeting: 

Whereas,  O.  P.,  who  resides  in  the  town  of  ,  and  county  aforesaid, 

ha^ing  been  brought  before  me  on  a  warrant  [o?-,  where  the  witness  appears 
in  ptirsuance  of  the  suhpana,  say :  having  this  day  appeared  before  me,  in 
pursuance  of  a  subpoena  by  me  issued]  requiring  him  to  appear  and  testify 
touching  the  execution  of  a  conveyance  of  real  estate,  from  A.  B.  to  Y.  Z., 
to  which  the  said  O.  P.  is  a  subscribing  witness,  and  having,  although  duly 
required,  refused,  without  excuse,  to  answer  upon  oath,  touching  the  matters 
aforesaid  [o?*,  if  the  commitment  is  made  on  account  of  the  refusal  of  the 
witness  to  answer  a  particular  question^  deemed  pertinent  hy  the  officer^  state- 

5 


66  ABBOTTS'  FORMS. 


Proof  by  Handwriting.     Acknowledgment  Without  the  Stiite. 

it  thus :  the  following  question,  toucliing  the  execution  of  the  said  con- 
veyance [here  8et  it  forth].  Now,  THEKEFOKE,  you  are  commanded  forth- 
with to  commit  and  deliver  the  said  O.  P.  to  the  sheriff  of  the  said  county 
of  ,  who  is  required  to  receive  the  said  O.  P.,  and  to  commit  and  im- 

prison him  in  the  jail  of  the  said  coucty,  there  to  remain  without  bail,  and 
without  the  liberties  of  the  jail,  until  he  shall  submit  to  answer  upon  oath, 
as  aforesaid,  or  be  discharged  according  to  law. 

Given  under  my  hand  and  seal,  this        day  of  ,  18    . 

[Seal.]  [Signature  and  title.] 

139.  Proof  by  Handwriting^  Where  the  Subscribing  Witnesses  are  Dead,  (x) 
County  of  ,  ss. 

On  this         day  of  ,  in  the  year  18      ,  before  me  personally  came 

M.  N.,  to  me  known,  who  being  by  me  duly  sworn,  and  the  within  [or, 
above,  or,  annexed]  conveyance  [or^  instrument]  being  shown  to  him,  did 
depose  and  say,  that  he  resided  at  ,  in  ;  that  he  knew  A.  B., 

the  person  described  therein  as  grantor  [or,  as  a  party  thereto] ;  that  he  had 
frequently  seen  him  write,  and  knew  his  handwriting;  and  that  the  name 
of  the  said  grantor,  subscribed  to  the  said  conveyance,  was  in  the  proper 
handwriting  of  the  said  A.  B.  And  the  said  M.  N.  further  on  his  oath 
said,  that  he  was  well  acquainted  with  O.  P.,  one  of  the  subscribing  wit- 
nesses to  the  said  conveyance,  and  had  frequently  seen  him  write,  and 
knew  his  handwriting ;  that  the  said  O.  P.  at  the  time  of  the  date  of  said 
deed  resided  in  the  city  of  New  York,  and  has  been  dead  about  years ; 
and  that  the  name  of  the  said  O.  P.,  deceased,  subscribed  as  a  witness  to 
said  conveyance,  is  in  his  proper  handwriting.  And  the  said  M.  N. 
further  on  his  oath  said,  that  he  was  well  acquainted  with  one  Q.  R., 
another  subscribing  witness,  who  at  the  date  of  said  conveyance  resided  in 
the  city  of  ;  that  the  said  Q.  R.  died  at  ,  in  the  year  18      ,  and 

since  the  date  of  said  conveyance ;  that  he,  the  said  M.  N,  was  not  ac- 
quainted wnth  the  handwriting  of  the  said  Q.  R.  And  I  hereby  certify,  that 
the  aforesaid?  deposition  of  the  said  M.  N.  is  to  me  satisfactory  evidence  of 
the  death  of  all  the  witnesses  to  the  within  conveyance,  and  of  the  hand- 
writing of  0.  P.,  one  of  the  said  witnesses,  and  of  the  handwriting  of 
A.  B.,  the  grantor  therein  named.  [Signature  and  title.] 

140.  Acknowledgment  or  Proof  Without  the  State. 

State  of  , ) 

County  of  .  )     ' 

Be  it  remembered,  that  on  this  day  of  ,18      ,  at 

[naming  the  city  or  town,  and  the  county  where  the  acknowledgment  or 
proof  is  taken],  before  me  the  undersigned,   a  commissioner  resident  at 
,  appointed  by  the  executive  authority  and  under  the  laws  of  the 


(x)  Commissioners  of  deeds  and  county    Supreme  Court,  are  not  authorized  to  talie 
judges  not  of  the  degree  of  counsel  in  the    this  proof. 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  67 

County  Clerk's  Certificate.     Acknowledgment  for  ISorth  Carolina. 

State  of  New  York,  and  duly  qualified  to  take  acknowledgment  and  proof 
of  deeds  in  said  ,  to  be  used  and  recorded  in  the  said  State  of  New 

York,  personally  came  [here  proceed  as  in  any  of  the  preceding  forms  of 
achnowledgment  or  proof  appropriate  to  the  case,  adding  at  the  end  the 
following  attestation :] 

Is  WITNESS  WHEEEOF,  I  have  hereunto  set  my  hand  and  aflBxed  my  official 
seal,  the  day  and  year  first  above  written.  [Signature  and  title.] 

[Seal] 

141.  Authentication  by  County  Clerl;  to  he  Annexed  to  Certificate  of  Ae- 
hiowledgment  or  Proof  for  Another  State,  Taken  According  to  the  Laws 
of  This  State. 

State  of  New  York,  ) 

County  of  .      J      ' 

I,  R.  S.,  clerk  of  the  said  county  and  of  the  Supreme  Court,  being  a 
court  of  record  held  therein,  do  hereby  certify  that  M.  N.,  whose  name  is 
subscribed  to  the  certificate  of  proof  or  acknowledgment  of  the  annexed 
instrument  in  writing,  and  indorsed  thereon  [or,  annexed  thereto],  was,  at 
the  time  of  taking  such  proof  or  acknowledgment,  a  [commissioner  of  deeds] 
in  and  for  the  city  aforesaid,  dwelling  in  the  said  city,  and  duly  authorized 
to  take  the  same;  and  that  I  am  well  acquainted  with  the  handwriting  of 
the  said  [commissioner],  and  verily  believe  that  the  signature  to  the  said  cer- 
tificate of  proof  or  acknowledgment  is  genuine,  and  that  the  said  instrument 
is  [executed  and]  acknowledged  according  to  the  laws  of  the  State  of  New 
York. 

In  testdiont  WHEEEOF,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal,  as  county  clerk  and  clerk  of  said  court,  this         day  of  , 

18      .  [Signature  and  title.] 

[Seal] 

North  Carolina. 
[A  scaroll  is  a  sufficient  seal  for  a  deed.    One  witness  is  usual.] 

142,  AcTcnowledgment  Within  the  State. 
State  of  North  Carolina,  to  wit,  [date]. 

Before  me,  one  of  the  judges  of  the  Supreme  Court  [or  other  judge  or 
cleric],  came  A.  B.,  *  the  grantor  or  vendor  in  the  foregoing  deed,  and  ac- 
knowledged the  execution  thereof.  [Signature  and  titled 

143.  The  Same,  by  Husband  and  Wife. 

[As  in  the  preceding  form  to  the  *,  continuing  thus:]  and  C.  B.  his  wife, 
the  bargainors  in  the  foregoing  deed,  and  acknowledged  the  execution 
thereof;  she,  the  said  C.  B.,  being  first  privily  examined  by  me  apart  from 
her  said  husband,  touching  the  execution  thereof,  and  acknowledging  that 
she  executed  the  same  freely  and  of  her  own  accord,  without  fear  or  com- 
pulsion of  her  said  husband,  and  that  she  voluntarily  assents  thereto.  Let 
it  be  recorded.  [Signature  and  title.] 


68  ABBOTTS'  FORMS. 

Acknowledgment,  etc.,  of  Deeds  for  North  Carolina. 

144.  Proof  hy  Subscribing  Witness. 
{As  in  Form  142  to  the  *,  continuing  thus ;]  to  me  personally  known, 
who  being  by  me  duly  sworu,  duly  proves  the  execution  thereof,  for  the 
purposes  therein  expressed.  {Signature  and  titled 

145.  Acknowledgment  {or  Proof  ](y)  Without  the  State,  Before  a  Judge  of 

Another  State. 
State  of  ,         day  of  ,18 

Before  me,  M.  N.,  judge  of  the  Superior  Court  of  law  {or  other  court,  as 
the  case  may  be\  for  ,  in  the  State  aforesaid,  personally  came  *  A,  B. 

and  0.  B.,  the  bargainors  in  the  foregoing  deed  {or,  power  of  attorney],  and 
acknowledged  the  execution  thereof;  she,  the  said  0.  B.,  being  first  exam- 
ined by  me,  privily  and  apart  from  her  husband,  the  said  A.  B.,  touching 
the  execution  thereof,  and  it  appearing  that  she  hath  executed  the  same 
freely  and  of  her  own  accord,  without  fear  or  compulsion  of  the  said  A.  B. 
her  husband  and  she  doth  voluntarily  assent  thereto.    Let  it  be  recorded. 

M.  N.,  Judge,  etc. 

146.  Authentication  of  the  Foregoing.{z) 

Commonwealth  {or,  Teeeitoet]  of 
To  ALL  to  whom  these  presents  shall  come,  greeting: 

Know  yon,  that  M.  N.,  whose  name  is  signed  to  the  foregoing  certificate 
of  acknowledgment  {or,  proof],  was  at  the  date  of  said  certificate,  and  now 
is,  a  judge  of  the  Superior  Court  of  law  {or  otherwise]  in  this  State  {or. 
Commonwealth,  or  Territory],  duly  commissioned  and  qualified,  and  acting, 
and  that  full  faith  and  credit  are  due  to  his  ofiicial  acts  as  such. 

In  testimony  wheeeof,  these  presents  are  scaled  with  the  se.al  of  the 
State  {or.  Commonwealth,  or.  Territory]. 

Witness  ,  Esquire,  our  Governor,  at  ,  this        day  of  ,  in 

{State  or  I'er-  the  year  of  our  Lord  ,  and  of  the  State  {or,  Com- 

ritorial  seal,]  monwealth,  or,  Territory]  the 

{Signature  and  title.] 

147.  Acknowledgment  or  Proof,  Without  the  State,  Before  a  Commissioner. 
State  of  , ) 

County  of  .     )     ' 

On  this       day  of  ,  in  the  year  of  our  Lord  18     ,  before  me,  M.  K, 

a  comnussioner,  appointed  by  the  State  of  North  Carolina,  in  and  for  the 
State  of  ,  personally  came  {continuing  as  in  Form  14:5,  from  the  *]. 

In  witness  wheeeof,  I  have  hereunto  set  my  hand  and  affixed  my  ofiicial 
seal,  the  day  and  year  above  written.  [Signature  and  title.] 

[Seal] 

iy)  Proof  by  witness  may  be  drawn  by  State  or  Territory  in  wliich  tlie  acknow- 

substitutingr  the  sub.stance  of  the  preced-  ledcrment  or  proof  is  taken  ;  or,  if  in  the 

insr  form,  144,  in  place  of  the  latter  part  District  of  Columbia,  by  the  Secretary  of 

of  the  above.  State. 

(z)  Tliis  is  to  be  by  tbe  governor  of  the 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS,  69 

Acknovviedfftnent  for  Ohio. 


Ohio. 

[A  seal  or  a  scroll  made  with  the  pen  is  requisite  to  a  deed,  and  the  signing 
and  sealing  must  be  acknowledged  by  the  grantor  in  the  presence  of  two  wit- 
nesses, who  must  attest  the  signing  and  sealing,  and  subscribe  such  attestation  ; 
and  the  signing  and  sealing  must  also  be  acknowledged  by  the  grantor  before 
the  proper  officer.  The  certificate  of  acknowledgment,  if  taken  within  the 
State,  must  be  written  on  the  same  paper  with  the  instrument.(a)  A  deed  ex- 
ecuted and  acknowledged  without  the  State  may  be  done  in  conformity  with 
the  laws  of  the  place  of  execution.  Certificates  of  acknowledgment  are  re- 
quired to  show  distinctly  the  official  character  of  the  officer  making  them.] 

148.  Acknowledgment  Within  the  State. 
State    of    Ohio,  ) 

County  of        .)     ' 

Befoek  me,  M.  N.,  a  justice  of  the  peace,  in  and  for  said  county  [or, 
judge  of  court,  or  other  officer,  as  the  case  may  ie],  personally  ap- 

peared the  within  [<??•,  above]  named  A,  B.,  and  acknowledged  the  signing 
and  sealing  of  the  within  [or,  above]  conveyance  [or,  power  of  attorney, 
or,  mortgage,  or,  lease,  or  other  instrument]  to  be  his  voluntary  act  and  deed, 
this        day  of  ,  18     .  [Signature  and  title.] 

149.   The  Same,  hy  Husband  and  Wife. 
State    of    Ohio,  \ 

County  of         .  j     ' 

Befoke  me,  M.  N.,  a  justice  of  the  peace  in  and  for  said  county  [or,  judge 
of  the  court,  or  other  officer,  as  the  case  may  he],  personally  appeared 

the  within  [or,  above]  named  A.  B.,  and  C.  B.  his  wife,  and  acknowledged 
the  signing  and  sealing  of  the  within  [or,  above]  conveyance  [or,  power  ot 
attorney,  or,  mortgage,  or,  lease,  or  other  instrument]  to  be  their  voluntary 
act  and  deed ;  and  the  said  C.  B.  being  at  the  same  time  examined  by  me, 
separate  and  apart  from  her  said  husband,  and  the  contents  of  said  deed 
[or,  instrument]  being  made  known  to  her  by  me,  she  then  declared  that 
she  did  voluntarily  sign,  seal,  and  acknowledge  the  same,  and  that  she  is 
still  satisfied  therewith ;  this        day  of  ,  a.  d.  1 8     . 

[Signature  and  title.] 

150.  Acknowledgment  Without  the  State^  ty  a  Single  Person.{b) 
State  of  , ) 

County  of  . )     ' 

Before  me,  M.  N.,  a  commissioner  of  the  State  of  Ohio,  resident  in  said 
State  and  county,  personally  appeared  the  within  [or,  above]  named  A.  B., 


(a)  Actofl&&l;  Chase's  Stats.,  ISiS.  A  (*)  This  and  the  two  following  forms 

certificate  on  a  separate  paper,  thouorh  it  are    those   prescribed   by   the    executivo 

be  affixed  with  a  wafer,  is  void.    Winkler  authority  for  the  guidance  of  tlie  com- 

f).  Iliggins,  9  Ohio  Stat.,  599.     A  defect  in  missioners  of  the  State, 
tliis    respect,    however,    is    amendable. 
Laws  o/  18G0,  chap.  314. 


70  ABBOTTS'  FORMS. 


Acknowledgment,  &o.,  of  Deeds  for  Ohio;  Oregon. 


and  acknowledged  the  signing  and  sealing  of  the  within  [or,  above]  convey- 
ance [or,  power  of  attorney,  or,  mortgage,  or,  lease,  or,  instrument]  to  be 
his  voluntary  act  and  deed ;  this        day  of  ,  a.  d.  186  . 

[Seal.]  [Signature  and  titled 

151.  The  Same,  hy  Husband  and  Wife. 

Statb  or  , ) 

County.     ) 

Before  mb,  M.  N.,  a  commissioner  of  the  State  of  Ohio,  resident  in  said 
State  and  county,  appeared  the  within  [or,  above]  named  A.  B.,  and  C.  B. 
his  wife,  and  acknowledged  the  signing  and  sealing  of  the  within  [or,  above] 
conveyance  [or,  power  of  attorney,  or,  mortgage,  or,  lease,  or,  instrument] 
to  be  their  voluntaiy  act  and  deed ;  and  the  said  C.  B,  being  at  the  same 
time  examined  by  me,  separate  and  apart  from  her  husband,  and  the  con- 
tents of  said  instrument  made  known  to  her  by  me,  she  then  declared  that 
she  did  voluntarily  sign,  seal,  and  acknowledge  the  same,  and  that  she  is 
still  satisfied  therewith;  this        day  of  ,  a.  d.  186  . 

\Seal.]  [Signature  and  title.l 

152.  The  Same,  by  an  Attorney  in  Fact. 
State  of  , ) 

County  of  . )     ' 

Before  me,  M.  N.,  commissioner  of  the  State  of  Ohio,  resident  in  said 
State  and  county,  appeared  the  within  [or,  above]  named  [here  insert  the 
name  of  the  principal],  by  his  attorney  in  fact,  the  within-named  A.  B., 
and  acknowledged  the  signing  and  sealing  of  the  within  conveyance  [or,  in- 
strument] to  be  his  voluntary  act  and  deed,  and  the  voluntary  act  and  deed 
of  the  said  A.  B.,  as  said  attorney  ;  this        day  of  a.  d.  1 86  . 

[Seal.]  [Signature  and  title.'] 

Oregon. 

[Deeds  executed  within  the  State,  of  lands  therein,  must  be  executed  in  pres- 
ence of  two  subscribing  witnesses.  The  acknowledgment  sliould  be  indorsed 
on  the  instrument.  Deeds  executed  without  the  State  may  be  executed  and 
acknowledged  according  to  the  laws  of  the  State  or  Territory,  this  fact 
being  certified  by  a  clerk  or  other  certifying  officer  of  a  court  of  record.  A 
married  woman  residing  without  the  State  need  not  be  separately  examined. 
For  proceedings  for  compulsory  proof  or  proof  by  handwriting,  see  forms  given 
under  New  York.] 

153.  Acknowledgment  by  Grantor,  Known  to  the  Officer. 

OotJNTT  OF  ,  ss. 

On  this  day  of  ,  in  the  year  18     ,  before  me  personally  came 

A.  B.,  to  me  known  to  be  the  individual  described  in,  and  who  executed 
the  within  [o?*,  foregoing]  conveyance  [or,  bond,  or,  letter  of  attorney,  or, 
instrument  in  writing],  and  acknowledged  that  he  executed  the  same,  for 
the  uses  and  purposes  therein  mentioned. 

[Signature  and  title.] 


ACKNOWLEDGMENT  AND  PBOOF  OF  DEEDS.  71 

Oregon. 

154.  Achowledgment  hy  Grantor,  Not  Known  to  the  Officer. 
County  of  ,  ss. 

On  this  day  of  ,  in  the  year  18     ,  before  me  personally  came 

A.  B.,  proven  to  me  satisfactorily  to  be  the  individual  described  in,  and 
who  executed  the  within  \or^  foregoing]  conj/eyance,  by  the  oath  of  M.  N. 
[subscribing  witness  thereto],  who  being  by  me  duly  sworn,  did  depose  and 
say  that  he  resided  in  ,  in  the  county  of  ;  that  he  was  acquainted 

■with  the  said  A.  B ,  and  that  he  knew  him  to  be  the  individual  described  in, 
and  who  executed  the  within  [o?*,  foregoing]  conveyance ;  and  thereupon  the 
said  A.  B.  acknowledged  that  he  executed  the  same,  for  the  uses  and  pur- 
poses therein  mentioned.  [Signature  and  title.'] 

155.  By  Husband  and  Wife,  Resident  and  Known  to  the  Officer. 
County  of  ,  ss. 

On  this  day  of  ,  18      ,  before  me  personally  came  A.  B.,'and 

0.  B.  his  wife,  to  me  known  to  be  the  individuals  described  in,  and  who 
executed  the  within  [or,  foregoing]  conveyance,  and  acknowledged  that  they 
executed  the  same,  for  the  uses  and  purposes  therein  mentioned.  And  the 
Baid  C.  B.  acknowledged,  on  a  private  examination  by  me  made,  separate 
and  apart  from  her  husband,  that  she  executed  the  said  conveyance  freely, 
and  without  any  fear  or  compulsion  from  any  one. 

[Signature  and  title.[ 

156.  Proof  by  Subscribing  Witness,  Known  to  the  Officer. 
County  of  ,  ss. 

On  this  day  of  ,  18      ,  before  me  personally  came  M.  N.,  sub- 

scribing witness  to  the  within  [or,  foregoing]  conveyance,  to  me  personally 
known,  who  being  by  me  duly  sworn,  did  depose  and  say*,  that  he  resided 
in  the  town  of  ,  in  the  county  of  ;  that  he  knew  A.  B.,  the  in- 

dividual described  in,  and  who  executed  the  said  conveyance ;  that  he  was 
present  and  saw  the  said  A.  B.  execute  [and  deliver]  the  same,  as  and  for  his 
act  and  deed;  and  that  the  said  A.  B.  acknowledged  the  execution  thereof: 
whereupon  the  said  M.  N.  became  the  subscribing  witness  thereto. 

[Signature  and  title.] 

157.  By  Subscribing  Witness,  Not  Known  to  the  Officer. 
County  of  ,  ss. 

On  this  day  of  ,  18      ,  before  me  personally  came  M.  N.  and 

O.  P. ;  and  the  said  0.  P.,  to  me  known,  being  by  me  duly  sworn,  did  de- 
pose and  say,  that  he  resided  in  the  town  of  ,  in  the  county  of  ; 
that  he  was  acquainted  with  the  said  M.  N.,  and  that  he  knew  him  to  be 
the  same  person  who  was  a  subscribing  witness  to  the  within  conveyance, 
which  is  to  me  satisfactory  evidence  thereof;  and  the  said  M.  N.,  being  by 
me  duly  sworn,  deposed  and  said  [continuing  as  in  preceding  form  from 
the  *]. 


ABBOTTS'  FORMS. 


Acknowledgment  of  Deeds  for  I'eiinsylvania. 


Pennsylvania. 

[A  scroll  is  a  sufficient  private  seal  for  a  deed.  Witnesses  are  not  expressly 
required,  but  it  is  the  practice  to  have  two.  The  certificates  have  been  usually 
made  under  seal,  witlun  as  weU  as  without  the  State ;  but  this  is  not  necessary 
within  the  State.(c)] 

168.  AeJcnowledgment  Within  or  Without  the  State. 

COMMOKWEAXTH  OF  PENNSYLVANIA,  "| 

'    County  of  .  )     ' 

Be  it  remembered,  that  on  this  day  of  ,  a.  d.  18      , 

before  me  the  subscriber,  a  justice  of  the  peace  of  {or,  a  judge  of 

the  Court  of  , — or,  one  of  the  aldermen  of  the  city  of  ], 

personally  appeared  *  A.  B.,  the  grantor  in  the  foregoing  indenture  [or, 
deed,  or,  conveyance]  named,  and  in  due  form  of  law  acknowledged  the 
sai^  indenture  to  be  his  act  and  deed,  and  desired  that  the  same,  as  such, 
might  be  recorded  according  to  law. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal,  the  day 
and  year  last  above  named.  [Signature  and  title.l 

[Seal] 

159.  TTie  Same,  hy  Husband  and  Wife. 

Commonwealth  of  Pennsylvania,  l 

County  of  .  j     * 

Bk  it  eemembered,  that  on  this        day  of  ,  18      ,  before  me  [one 

of  the  judges  of  the  Supreme  Court],  personally  came  A.  B.,  and  C.  B.  his 
wife,  and  severally  acknowledged  the  above  deed  [or,  conveyance],  to  be 
their  act  and  deed,  and  desired  that  the  same  might  be  recorded  as  such ; 
and  the  said  C.  B.,  being  of  full  age,  on  a  private  examination  by  me  sep- 
arate and  apart  from  her  husband,  the  contents  of  the  said  deed  being  first 
made  fully  known  to  her,  de(  lared  that  she  did  voluntarily,  and  of  her  own 
free  will  and  accord,  seal,  aud,  as  her  own  free  act  and  deed,  deliver  the 
said  deed  [or,  conveyance],  without  any  coercion  or  compulsion  of  her 
said  husband. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal,  the  day 
and  year  last  above  named.  [Signature  and  title.] 

[Seal] 

160.  By  an  Attorney  in  Fact. 

State  op  Pennsylvania,  ) 

County  of  .         )     ' 

Be  it  remembered,  that  on  this        day  of  18      ,  before  me  [one 

of  the  justices  of  the  peace  in  and  for  the  said  county]  personally  came  the 
above-named  A.  B.,*  and  in  his  own  name  and  in  the  name  of  his  constitu- 


(c)  Purd.  Dig.,  313,  §  19. 


ACKNOWLEDGMENT  AND  PEOOF  OF  DEEDS.  73 

Pennsylvania.  Khode  Isliind. 

ents,  the  above-named  0.  D.  and  E.  F.,  in  due  form  of  law,  acknowledged 
the  above-written  indenture  to  be  his  own  act  and  deed  and  the  act  .'.nd 
deed  of  his  constituents,  the  said  0.  D.  and  E.  F.,  by  him,  the  said  A.  B., 
done  and  executed  by  virtue  of  a  power  of  attorney,  to  him,  for  that  pur- 
pose, bearing  date  the  day  of  ,  18  ,  granted,  to  the  end  that  the 
same  might  be  as  such  recorded. 

In  testimony  \etc.,  as  in  j^receding  form]. 


161.  The  Same,  on  Behalf  of  a  Corporation. 

[As  in  the  preceding  form  to  the  *,  continuing  thus :]  president  of  the 
above-named  corporation,  who  being  duly  sworn  deposes  and  says,  that  he 
was  personally  present  at  the  execution  of  the  above-written  indenture  [or 
other  instrument],  and  saw  the  common  seal  of  the  said  [naming  the  cor- 
porationl  duly  affixed  thereto  ;  and  that  the  seal  so  affixed  is  the  common 
and  corporate  seal  of  the  said  ;  and  that  the  above- written  indenture  [or 

other  instrument]  was  duly  sealed  and  delivered  by  him,  as  and  for  the  act 
and  deed  of  the  said  corporation  of  the  ,  for  the  uses  and  purposes 

therein'  mentioned ;  and  that  the  name  of  this  deponent,  subscribed  to  said 
deed  as  the  president  of  said  corporation,  in  attestation  of  the  due  execu- 
tion and  delivery  of  said  deed,  is  of  this  deponent's  proper  handwriting. 

[Signature  of  deponent.] 

Sworn  and  subscribed  before  me, 
this        day  of  ,  18      . 

[Signature,  title,  and  seal  of  officer.] 

162.  AcTcnowledgment  of  Certificate,  ly  Special  Partners. 

[As  in  Form  158  to  the*,  continuing  thus:]  A.  B.,  C.  D.,  and  E.  F.,  who 
severally,  in  due  form  of  law,  acknowledged  the  foregoing  certificate  as  and 
for  their  and  each  of  their  act  and  deed,  to  the  end  that  the  same  might  be 
recorded  as  such. 

In  testimony  [etc.,  as  in  Form  159.] 


Rhode  Island. 

[A  seal  should  be  by  impression  upon  wafer  or  wax,  though  where  a  seal  of 
a  court  or  public  office  is  required  it  may  be  made  on  the  paper  alone. 

Two  witnesses  are  usual.  There  is  no  provision  for  proof  by  witnesses  ex- 
cept within  the  State  before  a  court  of  record.] 


163.  AcTcnowledgment  Within  the  State. 

Statk  of  Rhode  Island,  the         day  of  ,  18      . 

Providence,  to  wit:  Then  personally  appeared  the  within-named  A.  B., 
and  acknowledged  the  within  instrument  to  be  his  free  voluntary  act  and 
deed,  hand  ancj  seal,  before  me.  [Signature  and  title.] 


74  ABBOTTS'  FORMS. 


Acknowledgment,  &c.,  of  Deeds,  for  Rhode  Island.  South  Carolina. 

164.   The  Same,  hy  Husband  and  Wife. 

[As  in  the  preceding  form,  adding  at  the  end  the  following :'  and  after- 
wards, on  the  same  day,  came  0.  B.,  wife  of  the  said  A.  B.,  and  was  hy  me 
examined  privily  and  apart  from  her  said  husband,  when  the  said  above- 
written  instrument  by  her  subscribed,  was  shown  and  explained  to  her  by 
me,  when  she  declared  to  me  that  the  same  was  her  free  voluntary  act  and 
deed,  hand  and  seal  and  that  she  did  not  wish  to  retract  the  same. 

[Signature  and  title,] 

165.  Aclcnowledgment  of  a  Separate  Selease  of  Bower. 
State  of  Rhode  Island,        day  of  ,  18      . 

Providence,  to  wit :  Personally  appeabed  the  within-named  C.  B.,  wife 
of  A.  B,,  and  being  examined  by  me  privily  and  apart  from  her  husband, 
and  having  the  within  [or,  foregoing]  instrument  then  shown  and  explained 
to  her  by  me,  acknowledged  the  same  to  be  her  voluntary  act  and  deed, 
hand  and  seal,  in  release  of  her  dower  interest  in  the  lands  therein  men- 
tioned, and  that  she  did  not  wish  to  retract  the  same.     Before  me, 

[Signature  and  title.] 

166.  Acknowledgment  Without  the  State. 

State  of  ,  ] 

County  of  .  j     * 

Be  it  hemembered,  that  on  the       day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  before  me,  the  undersigned  M.  N".  ,  a  com- 

missioner, resident  in  ,  duly  commissioned  and  qualified  by  the  ex- 

ecutive authority  and  under  the  laws  of  the  State  of  Rhode  Island  to  take 
the  acknowledgment  of  deeds,  etc.,  to  be  used  or  recorded  therein,  person- 
ally appeared  [etc.,  continuing  as  in  preceding  fornui]. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal,  the  day  and  ye^  aforesaid.  [Signature  and  title.] 

[Seal] 

South  Carolina. 

[A  scroll  is  a  sufficient  private  seal  for  a  deed.  Two  witnesses  are  usual . 
The  practice  within  the  State  is,  to  prove  by  a  witness  in  all  cases,  not  resort- 
ing to  acknowledgment,  except  in  the  case  of  married  women.  The  witness 
signs  the  certificate  of  proof.] 

167.  Proof  by  Subscribing  Witness. 

State  of  ,  ) 

I  ss 
District  [or.  County]  of  .  ) 

Be  it  remembered,  that  on  this        day  of  ,  18      ,  before  nur  [here 

gire  name  and  title  of  officer]  personally  appeared  *  M.  N".,  with  whom  I  am 
personally  acquainted,  and  made  oath  that  he  saw  the  within-named  A.  B. 
sign,  seal,  and,  as  his  act  and  deed,  deliver  the  within  deed  for  the  uses 
and  purposes  therein  mentioned;  and  that  he  [with  O.  P.,  in  the  presence 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS.  75 

South  Carolina. 

of  each  other]  subscribed  his  name  as  a  witness  of  the  due  execution  there- 
of. [Signature  of  witness.^ 

Sworn  to  before  me  tliis        day  of  ,  [as  witness  my  hand  and  offi- 

cial seal].(^) 

[Seal.']  [Signature  and  title  of  officer.] 

168.  Achnowledgment  of  Release  of  Dower.(e) 
State  op  ,  ) 

District  [or,  County]  of  .  ) 

I,  J.  P.  [here  give  name  and  official  title  of  the  officer],  do  hereby  certify 
unto  ah  to  whom  it  may  concern,  that  0.  B.,  the  wife  of  the  within-named 
A.  B.,  did  this  day  appear  before  me,  and  upon  being  privately  and  sep- 
arately examined  by  me,  did  declare  that  she  does  freely,  voluntarily,  and 
without  any  compulsion,  dread,  or  fear  of  any  person  or  persons  whomso- 
ever, renounce,  release,  and  forever  relinquish  unto  the'  within-named 
Y.  Z.,  his  heirs  and  assigns,  all  her  interest  and  estate,  and  also  all  her 
right  and  claim  of  dower,  of,  in,  or  to  all  and  singular  the  premises  within 
mentioned  and  released. 

Given  under  my  hand  and  seal,  this        day  of  ,  a.  d.  one  thousand 

eight  hundred  and  .  [Signature  of  wife.] 

\Signatui-e,  title.,  and  seal 
of  officer:] 

169.  AcTcnowledgment  of  Renunciation  of  Inheritance. 
State  of  ,  ) 

r  SS 

District  [or,  County]  of  .  J     ' 

I.,  J.  P.  [here  give  name  and  official  title  of  the  officer],  do  hereby  certify 
unto  all  whom  it  may  concern,  that  C.  B.,  the  wife  of  the  within-named 
A.  B.,  did  this  day  appear  before  me,  and  upon  being  privately  and  sep- 
arately examined  by  me,  did  declai-e  that  she  [did  actually  join  her  said 
husband  in  executing  the  within  release,  and  that  the  same  was  positively 
and  honafide  executed,  at  lef st  seven  days  before  this  her  examination,  and 
that  she  did  then,  and  still  at  this  tirae(/)]  does  freely,  voluntarily,  and  with- 
out any  manner  of  compulsion,  dread,  or  fear  of  any  person  or  persons 
whomsoever,  renounce,  release,  and  forever  relinquish  unto  the  within- 
named  Y.  Z.,  his  heirs  and  assigns,  all  her  estate,  interest,  and  inheritance 
in  all  and  singular  the  premises  within  mentioned  and  released. 

Given  under  my  hand  and  seal,  this        day  of  ,  a.  d.  one  thousand 

eight  hundred  and 

[Signature,  title,  and  seal  [Signature  of  wife.] 

of  officer.] 


(d)  The  words  in  brackets  here,  and  the  (/)  These  words  in  brackets  are  only 

peal,  are  not  called  for  unless  the  proof  is  appropriate  to  be  inserted  where  the  wife 

taken  without  the  State.  conveys  by  a  separate  instrument  from 

(«)  This  form  is  given  by  statute.  her  husband. 


76  ABBOTTS'  FORMS. 


Acknowledgment,  &e.,  of  Deeds,  for  Tennessee. 


170.  Acknowledgment  by  Single  Grantor  Without  the  State. 

[As  in  Form  167  to  the  *  continuing  thus:]  A.  B.,  the  grantor  in  the 
within  conveyance  named,  and  acknowledged  that  he  did  sign,  seal,  and 
deliver  the  same,  as  his  free  act  and  deed,  for  the  uses  and  purposes  therein 
mentioned. 

Given  under  my  hand  and  seal,  this        day  of  ,  a.  d.  one  thousand 

eight  hundred  and 

[Seal.]  [Signature  and  title.' 

Tennessee. 

[A  scroll,  or  the  word  "  seal"  written  after  the  signature,  is  a  sufBcient 
seaL    Two  subscribing  witneases  are  neceseary  in  order  to  prove  the  execution.] 

171.  Aclcnowledgment. 
State  of  ,  ) 

County  of  .S' 

On  this        day  of  ,  at  ,  personally  appeared  before  me  [here 

give  name  and  title  of  officer]  *  the  within-named  bargainor,  with  whom  I 
am  personally  acquainted  (g),  and  who  acknowledged  that  he  executed  the 
within  instrument  for  the  purposes  therein  contained. 

Witness  my  hand  and  seal,  the  day  and  year  first  above  written. 
[Seal.](h)  [Signature  and  title.] 

172.  The  Same,  by  Husband  and  Wife. 

[As  in  the  preceding  form,  adding  at  the  end  the  following :]  And  C.  B., 
the  wife  of  the  said  A.  B.,  having  appeared  before  me  privately  and  apart 
from  her  husband,  the  said  C.  B.,  acknowledged  the  execution  of  the  said 
deed  to  have  been  done  by  her  freely,  voluntarily,  and  understandingly, 
without  compulsion  or  constraint  from  her  said  husband,  and  for  the  pur- 
poses therein  expressed. 

"Witness  [etc.,  as  in  preceding  form], 

173.  Proof  by  Witnesses. 

As  in  Form  171  to  the  *,  continuing  thus :]  M.  N.  and  O.  P.,  subscribing 
witnesses  to  the  within  deed,  who  being  first  sworn,  deposed  and  said  that 
they  are  acquainted  with  A.  B.,  the  bargainor  [or  as  the  case  may  be\  and  that 
he  acknowledged  the  same  in  their  presence  to  be  his  act  and  deed  upon 
the  day  it  bears  date  [or  stating  the  time  as  proved  by  the  wiinesses].(i) 

"Witness  [etc.,  as  in  Form  171]. 

(g)  The  words  •'  with  whom  1  am  per-  certificate  to  tlie  judge's  official  character, 

Bonaliy  acquainted"  are  of  the  substance  which  may  be  by  the  clerk  under  the  soal 

of  the  probate.     Johnson  v.  Walton,  1  of  the  clerk,  or,  if  he  have  none,  under 

Sneed,  258.  his  private  seal. 

(A)  The  seal  is  unnecessary  if  the  ac-  (t)  As  to  the  necessity  of  stating  the 

knowledgment  be  made  before  a  judge ;  time,  see  the  rule  adopted  in  Alabama, 

bat  in  each  case  there  must  be  annexed  a  supra,  p.  21,  and  note  {t). 


AOKNOWLEDGMEM"  AND  PROOF  OF  DEEDS.  77 

For  Texas. 


Texas. 

[A  scroll  is  a  suflBcient  seal  for  deeds,  provided  that  the  X)erson  executing,  in 
the  body  of  the  instrument  recognizes  the  scroll  as  having  been  aflSxed  by 
way  of  seal.  Two  subscribing  witnesses  are  usual.  The  certificates  must  in 
aU  cases  be  under  seal.] 

174.  Acknowledgment. 
State  of 

County  of 

Be  it  remembered,  that  on  this        day  of  ,  18    ,  before  me  [giving 

name  and  title  of  officer]  personally  appeared  A.  B.,  to  me  personally  known 
to  be  the  individual  described  in,  and  who  executed  the  foregoing  instru- 
ment, and  acknowledged  that  he  executed  the  same  for  the  consideration, 
use,  and  purposes  therein  stated. 

Witness  my  liand  and  seal,  the  day  and  year  first  above  written. 
[Seal.l  [Signature  and  title.'] 

175.  Achnowledgment  ly  Wife,  of  Deed  by  Her  Husband  and  Herself  of 

Her  Separate  Property.{j) 
State  of 

County  of 

Before  me,  judge  of  [or,  notary  public  of]  county,  personally  ap- 

peared 0.  B.,  wife  of  A.  B.,  party  to  a  certain  deed  or  writing,  bearing 
date  on  the        day  of  ,  and  hereunto  annexed ;  and  having  been  ex- 

amined by  me  privily  and  apart  from  her  husband,  and  having  the  same 
fully  explained  to  her,  she,  the  said  0.  B.,  acknowledged  the  same  to  be  her 
act  and  deed,  and  declared  that  she  had  willingly  signed,  sealed,  and  de- 
livered the  same,  and  that  she  wished  not  to  retract  it ,  to  certify  which,  I 
hereto  sign  my  name  and  affix  ray  seal,  this        day  of  ,  a.  d. 

[Signature  and  seal.] 

176.  Proof  by  Subscribing  Witness 
State  of  ,  ) 

County  of  .)     ' 

Be  it  remembered,  that  on  this        day  of  ?  18    ,  before  me  [giving 

name  and  title  of  officer]  personally  appeared  M.  N.  [and  0.  P.,  naming  one 
or  more],  personally  known  to  me  to  be  [one  of]  the  subscribing  witnesses 
to  the  wathin  [or,  foregoing]  deed  [or,  instrument];  and  being  by  me  duly 
sworn,  stated  that  he  [or,  they]  saw  the  grantor  [or,  person  who  executed 
such  instrument]  subscribe  the  same  [or,  that  the  grantor  or  person  who 
executed  such  instrument  of  writing  acknowledged  in  his  or  their  presence 
that  he  had  subscribed  and  executed  the  same]  for  the  purposes  and  con- 
sideration therein  stated,  and  that  he  [or,  they]  had  signed  the  same  as 

{j)  This  form  is  declared  sufficient  by  the  statute.     Oldh.  d;  W.  Dig.,  72. 


78  ABBOTTS'  FORMS. 


Acknowledprment,  &c.,  of  Deeds  for  Vermont ;  Virginia. 

witnesses,  at  the  request  of  the  grantor  [or,  person  who  executed  such  in- 
strument]. 

Witness  my  hand  and  seal,  the  day  and  year  first  above  written. 
[Seal.]  [Signature  and  title.] 

Vermont 

[The  seal  for  a  conveyance  should  be  an  impression  upon  wafer  or  wax.  Of- 
ficial seals  and  seals  of  court  may  be  on  the  paper  alone.  Two  subscribing 
witnesses  are  required.  Married  women  need  not  be  separately  examined. 
Within  the  State,  deeds,  etc.,  must  be  acknowledged.  There  is  no  provision 
for  proof  by  witnesses  within  the  State,  except  before  a  court  where  the 
grantor  is  dead  or  has  departed.  Acknowledgment  or  proof  made  without 
the  State,  if  certified  agreeably  to  the  laws  of  the  place  where  it  is  made,  is 
valid.] 

177.  Acknowledgment. 
State  of  ,  7 

County  of  . ) 

The         day  of  ,  18     .    Then  personally  appeared  A.  B.  [and  C.  B. 

his  wife],  to  me  known,  and  [severally]  acknowledged  the  within  instrument 
by  him  [or,  them]  signed  and  sealed,  to  be  his  [or,  their]  free  act  and  deed, 
before  me.  [Signature  and  title.] 

178.  AcTcnowledgment  ly  J  gent  of  Corporat%on{k). 
State  of  ,  ) 

County  of  .  j 

The         day  of  ,  18      .     Then  personally  appeared  A.  B.,  within 

named  to  be  the  agent  of  the  within-named  C.  D.  Company,  and  acknow- 
ledged the  within-written  instrument  to  be  the  free  act  and  deed  of  the 
said  0.  D.  Company.  [Signature  and  title.] 

Virginia. 

[A  scroll  is  a  suflBcient  private  seal  for  a  deed.  K  the  deed  is  acknowledged, 
no  witnesses  are  necessary.  Deeds  may  be  proved  within  the  State  by  two 
witnesses.  A  separate  certificate  is  made  for  the  acknowledgment  of  a  mar- 
ried woman.] 

179.  AcTcnowledgment. 
State  of  ,  ] 

County  of  .  j 

I,  M.  M.,  a  commissioner  appointed  by  the  governor  of  the  State  of  Vir- 
ginia, for  the  State  of  New  York  [or,  if  taken  within  the  State,  a  notary 
public  for  the  county  of  ,  in  the  State  of  Virginia ; — or,  We,  M.  N.  and 

O.  P.,  two  justices  of  the  peace  in  and  for  the  county  of  ,  in  the  State 

of  Virginia],  do  hereby  certify  that  *  A.  B.,  whose  name  is  signed  to  the 
writing  above,  bearing  date  on  the        day  of  ,18    ,  has  acknowledged 


(i)  This  form  is  sustained  by  McDaniels  v.  Flower  Brook  Manf.  Co.,  22  Verm.,  274. 


ACKNOWLEDGMENT  AND  PEOOF  OF  DEEDS.      T9 

Virginia.  Wasintigton  Territory. 

the  same  before  me  at  [01;  before  me  in  my  county ; — or,  before  us  in 

our  county  aforesaid]. 

Given  under  my  hand  and  oflBcial  seal  [or,  under  our  hands],  this  day 
of  ,  18     . 

[Seal,  if  any.]  [Signature  and  title.] 

180.  AcTcnowledgment  hy  Married  Woman. 

[As  in  preceding  form  to  the  *,  continuing  thus :]  0.  B.,  the  wife  of  A.  B., 
whose  names  are  signed  to  the  writing  above,  bearing  date  the  day  of 

,  18  ,  personally  appeared  before  me  [or,  us],  in  the  county  and 
State  aforesaid;  and  being  examined  by  me  [o?*,  by  us],  privily  and  apart 
from  her  husband,  and  having  the  writing  aforesaid  fully  explained  to  her, 
she,  the  said  C.  B.,  acknowledged  the  said  writing  to  be  her  act,  and  de- 
clared that  she  had  willingly  executed  the  same,  and  does  not  wish  to  re- 
tract it. 

GiYEN  under  my  hand  and  official  seal  [or,  under  our  hands],  this  day 
of  ,  one  thousand  eight  hundred  and 

[Seal,  if  any ^  [Signature  and  title,] 

■Washington  Territory. 

[Two  witnesses  are  necessary.  There  is  no  provision  for  proof  by  the  wit- 
nesses.] 

181.  AcTcnowledgment. 
State  op 

County  of 

On  this        day  of  18    ,'bQioTQmQ  [here  give  name  and  title  of  of 

ficer]  personally  came  A.  B.,  known  to  me  to  be  the  individual  described 
in,  and  who  executed  the  within  [or,  foregoing]  conveyance,  and  acknow- 
ledged that  he  signed,  sealed,  and  delivered  the  same  as  his  free  and  volun- 
tary act  and  deed,  for  the  uses  and  purposes  therein  mentioned. 

Witness  my  hand  [and  official  seal]  the  day  and  year  first  above  written. 
[Seal,  if  any.]  [Signature  and  title.] 

182.  AcTcnowledgment  ly  Husband  and  Wife. 
State  of  ,  ) 

County  of  .  f     * 

On  this        day  of  ,  18     ,  before  me  [here  give  name  and  title  oj 

officer]  personally  came  A.  B ,  and  C.  B.  his  wife,  to  me  known  to  be  the 
individuals  described  in,  and  who  executed  the  within  [or,  foregoing]  con- 
veyance, and  severally  acknowledged  that  they  signed,  sealed,  and  delivered 
the  same  as  their  free  and  voluntary  act  and  deed,  for  the  uses  and  pur- 
poses therein  mentioned ;  and  the  said  C.  B.,  upon  an  examination  by  me, 
separate  and  apart  from  her  husband,  acknowledged  that  she  did  volun- 
tarily, of  her  own  free  will,  and  without  the  fear  of,  or  coercion  from,  hef 
husband,  execute  the  deed. 

Witness  my  hand  [and  official  seal],  the  day  and  year  first  above  written. 
[Seal,  if  any.]  [Signature  and  title.] 


80  ABBOTTS'  FORMS. 


Acknowledgment,  &c.,  of  Deeds,  for  Wisconsin. 


"West  Virginia. 

[Follow  the  forms  given  for  Vieginia,  except  that  one  justice  may  taJce  an 
acknowledgment.] 

Wisconsin. 

[A  scroll  or  device,  whether  ■written  or  printed,  is  a  sufficient  seal  for  deeds. 
Two  subscribing  witnesses  are  necessary  ;  but  there  is  no  provision  for  proof 
by  witnesses,  except  within  the  State,  in  case  an  acknowledgment  cannot  be 
had.  Any  married  woman  residing  in  the  State,  and  joining  with  her  husband 
in  a  deed  relating  to  lands  within  the  State,  or  separately  executing  a  deed  re- 
lating to  such  lands,  or  a  release  of  dower,  may  acknowledge  as  if  she  were 
sole(^).  A  deed  executed  without  the  State  may  be  executed  according  to  the 
laws  of  the  place  of  execution  ;  but  in  such  case,  if  it  is  executed  within  the 
United  States,  and  is  not  acknowledged  before  a  Wisconsin  commissioner,  there 
must  be  annexed  a  certificate,  by  a  clerk  of  a  court  of  record,  to  the  authority 
and  signature  of  the  officer,  and  to  the  fact  that  the  deed  is  executed  and  ac- 
knowledged according  to  the  laws  of  the  place.] 


183.  AcTcnowledgment  "by  a  Grantor,  Known  to  the  Officer. 
State  of  ,  ) 

County  of  .  )     ' 

Be  it  eemembered,  that  on  this        day  of  >  18    ,  before  me  [giving 

name  and  title  of  officer]  personally  came  the  within-named  A.  B.  [and 
C.  B.  his  wife]  *,  to  me  known  to  be  the  identical  person  [or,  persons]  de- 
scribed in,  and  who  executed  the  within  deed  [or,  mortgage,  or,  other  in- 
strument], and  t  acknowledged  the  same  to  be  his  [or,  their]  free  act  and 
deed,  for  the  uses  and  purposes  thereio  mentioned. 

[If  without  the  State,  add:  In  testlmony  whereof,  I  have  hereunto  set 
my  hand  [and  seal],  the  day  and  year  first  above  written. (?n)] 

[Seal,  if  taTcen  [Signature  and  title,] 

without  the  Stated 

184.  Achnowledgment  ly  a  Grantor,  Kot  Personally  Known, 

[As  in  the  preceding  form  to  the  *,  thence  continuing  thus:]  proven  to 
me  satisfactorily  to  be  the  identical  person  [or,  persons]  described  in,  and 
who  executed  the  within  deed  [or,  mortgage,  or  other  instrument],  by  the 
oath  of  M.  N.,  who  being  by  me  duly  sworn  [or,  affirmed],  did  depose  and 
say  that  he  resided  in  the  city  of  ,  that  he  was  acquainted  with  the 

said  A.  B.  [and  0.  B.  his  wife],  and  that  he  knew  him  [or,  them]  to  be  the 
same  person  [or,  persons]  described  in,  and  who  executed  the  said  instru- 
ment ;  and  thereupon  the  said  A.  B.  [and  0.  B,]  acknowledged  [etc,  con- 
eluding  as  in  preceding  form  from  the  t]. 


(I)  Rev.  Stat.,  1858,  p.  539,  §§  12,  14.         must  state  the  true  date  at  which  it  wa^ 
(m)   A  certificate  of  acknowledginont    made. 


ArriDAVITS.  81 


Sworn  Copies.  Affidavit  before  Notary. 


CHAPTER  TV. 

AFFIDAVITS. 


See  the  requisites  of  these  instruments  folly  stated  in  the  Forms  of  Practice 
AND  PLEADEva,  Volume  i.,  p.  4.  As  to  the  form  of  oath  to  be  administered,  see 
chapter  of  Oaths,  post. 

FA6K 

185.  Common  form 81 

186.  Affidavit  to  copies  of  papers 81 

187.  Affidavit  to  be  used  abroad 81 


185.  Common  Form. 

[Title  of  suit,  or  other  legal  proceeding, 
if  made  in  such  a  case.] 
A.  B.,  of  ,  being  duly  sworn  [or,  affirmed],  says  [here  set  forth  alle- 

gations]. [Signature  of  deponent.] 

Sworn  [or,  affirmed]  before  me,  i 
this        day  of  18 

[Signature  of  officer.] 


1 


186.  Affidavit  to  Copies  of  Papers. 
State  of            , ) 

County  of       .)     ' 

A.  B.,  of  ,  being  duly  sworn  [or,  affirmed],  deposes  and  says  that 

he  has  carefully  compared  and  found  the  annexed  writings,  in  pages, 

to  agree  with  and  to  be  copies  of,  and  of  the  whole  of  [or,  copies  and  ex- 
tracts from]  sundry  original  letters  signed  by  0.  D.,  E.  F.  &  Co.,  of  , 
in  the  State  of  ,  one  purporting  to  be  signed  by  G.  H.,  of  ;  and 
also  of  sundry  original  accounts  between  the  said  0.  D.  and  E.  F,  &  Co., 
signed  by  the  said  D.,  all  which  ofiginal  papers  are  now  produced. 

Sworn  [or,  affirmed]  before  me, )  [Signature  of  deponent.] 

this        day  of  18     .     f 

[Signature  of  officer.] 

187.  Affidavit  to  he  Used  Abroad. 
State  of             ,  ) 

County  of        .  J     ' 

Be  it  known,  that  on  this        day  of       ,  before  me.  A,  B.,  notary  public 
for  the  commonwealth  of  ,  residing  in  the        of  ,  duly  com- 

6 


82  ABBOfTS'  FORMS. 


Appointments. 


missioned  and  sworn,  and  by  law  authorized  to  administer  oaths  and  affirm- 
ations, personally  appeared  0.  D.,  of  ,  and  who  being  by.  me  duly 
Bworn  [or,  affirmed],  did  depose  and  say  [here  set  foith  the  allegations] ;  and 
further  deponent  saith  not.  [Signature  of  deponent.] 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  seal 
of  office,  the  day  and  year  first  above  written. 

[Seal.]  [Signature  and  title.] 


CHAPTER  Y. 

APPOINTMENTS. 

Appointments  are  of  two  kinds:  1.  The  conferring  an  authority  to  perform 
duties  or  to  act  for  another,  such  as  the  appointment  of  a  guardian  or  an  at- 
torney.    2.  The  declaration  of  an  act  or  transfer  in  execution  of  a  power. 

Appointments  of  the  former  kind  are  usually  to  be  executed  with  the  same 
formalities  as  are  used  in  the  execution  of  conveyances,  for  which  see  the 
chapter  on  Acknowledgment  and  Proof  op  Deeds.  For  forms  of  appoint- 
ments of  attorneys  and  trustees,  see  the  chapters  on  Powers  and  on  Trusts 
respectively. 

In  regard  to  appointments  in  execution  of  powers,  it  is  to  be  observed  that 
the  American  law  and  usage  renders  resort  to  this  class  of  instruments  com- 
paratively rare  :  but  in  many  of  the  States  the  subject  is  regulated  more  or 
less  by  statute,  the  chief  effect  of  which,  so  far  as  the  forms  of  attestation  are 
concerned,  is  to  relax  the  very  strict  rules  of  the  common  law,  requiring  all 
incidental  circumstances  directed  by  the  grantor  of  the  power  to  be  most 
rigidly  observed  in  the  execution  of  it ;  and  we  apprehend  that  the  usual 
American  rule  is,  that  such  an  appointment  must  be  executed  with  the  for- 
malities required  by  law  to  pass  such  an  estate,  and  that  these  are  sufficient, 
even  though  the  grantor  may  have  prescribed  less  or  more  formalities. 

It  is  not  necessary  that  an  appointment  should  recite,  or  even  refer  to  the 
power,  provided  the  act  shows  that  the  decree  had  in  view  the  subject  of  the 
power,  and  intended  to  execute  the  power.(a) 

I.  Appointments  to  perform  duties,  etc. 

PAOB 

188.  Appointment  of  a  guardian,  by  a  minor 82 

189.  The  same,  by  a  father 83 

190.  The  same,  made  by  will 83 

II.  APPOINTMENTa  IJf  EXECUTION  OF  P0WER3. 

191.  By  wife,  of  real  property,  by  a  grant  to  take  eflfect  on  her  death.. . .  84 

192.  The  same,  by  will 84 

193.  Consent,  to  be  indorsed  on  the  foregoing 85 

194.  By  a  wife,  for  the  sale  of  stocks,  under  a  power  reserved  to  her  in  a 

marriage  settlement 85 

195.  Reservation  of  a  power  to  revoke  and  appoint  anew,  which  may 

be  inserted  in  an  appointment 86 

(a)  4  Eenfs  Com.,  334;  Lancaster  t).  Dolan,  1  Sawle,  231. 


APPOn^Tl^CENTS.  83 


Appointment  of  Guardian  by  Deed  or  Will. 


I.  Appointments  to  Perform  Duties,  etc. 
188.  Appointment  of  a  Guardian^  by  a  Minor. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  son  and  heir  ot 

A.  B.,  late  of  ,  deceased,  being  above  the  age  of  fourteen  years — 

namely,  about  the  age  of  years — have  nominated,  elected,  chosen,  and 

appointed,  and  by  these  presents  do  nominate,  elect,  choose,  and  appoint 
0.  D.,  of  ,  to  be  guardian  as  well  of  my  person  as  of  my  real  and 

personal  estate,  until  I  shall  attain  the  age  of  twenty-one  years. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal,  this  day 
of  ,  18    . 

In  presence  of  [Signature  and  seal.] 

[Signature  o/ witnessea.] 

189.  Appointment  of  a  Guardian,  by  a  Father,  for  a  Son. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  county  of 

,  and  State  of  ,  farmer,  have  committed  and  disposed,  and  by 

these  presents  do  commit  and  dispose,  the  custody,  tuition,  and  education 
of  my  son,  0.  B.,  to  Y.  Z.,  of  said  town,  whom  I  do  hereby  appoint  his 
guardian ;  this  appointment  and  disposal  to  take  effect  immediately,  and 
henceforth  [or,  from  and  immediately  after  my  decease  and  thenceforth]  to 
continue  during  the  minority  of  my  said  son  [or  such  other  time  as  may 
be  fixed.'] 

[To  provide  for  the  guardian's  death,  may  add:]  And  if  it  shall  happen 
that  the  said  Y.  Z.  dies  before  me,  or  before  my  said  son  attains  the  age  of 
twenty-one  years,  then  and  in  such  case  I  do  commit  and  dispose  unto 
W.  X.,  of  ,  such  custody,  tuition,  anH  education  and  guardianship, 

after  ray  decease,  and  the  decease  of  the  said  Y.  Z.,  until  my  said  son  at- 
tains the  age  of  twenty-one  years. 

In  presence  of  [Signature  and  seal. 

[Signature  of  witness.] 

190.  The  Same,  by  Will. 

[Insert  in  the  will — see  forms  on  chapter  o/ Wills] — And  in  case  I  shall 
leave  any  child,  or  children,  living  at  the  time  of  my  decease,  under  age 
and  unmarried,  my  will  is,  and  I  do  appoint,  that  my  beloved  wife  shall 
have  the  guardianship,  custody,  and  tuition  of  them  during  their  minority 
[so  long  as  she  shall  continue  to  be  sole] ;  and,  in  case  of  her  death  [or,  mar- 
riage] during  the  minority  of  such  my  children,  then  I  will  and  appoint 
that  my  friend  M.  N.,  one  of  my  executors,  shall  have  the  guardianship, 
custody,  and  tuition  of  them  during  such  their  minority.  And  in  case  of 
his  refusal,  renunciation,  or  decease,  I  will  and  appoint  that  my  friend,  my 
other  executor,  O.  P.,  shall  exercise  the  said  guardianship,  custody,  and  con- 
trol. [Here  add  any  special  directions — e.g.,  thus .']  And  I  earnestly  entreat 
their  utmost  care,  respectively,  in  and  about  the  morals  and  education  of 
such  children,  and  desire  that  they  may  be  brought  up  and  instructed  in  the 
doctrines  an('  religion  of  the  Church. 


84  ABBOTTS'  FORMS. 


Execution  of  Powers. 


II.  Appointments  rtr  Exeoxttion  of  Powers. 

191.  By  a  Wife,  of  Seal  Property,  ly  Gh'ant,  to  TaTce  Effect  vpon  Her 

Death. 

This  INDENTURE,  made  this  day  of  ,18  ,  between  0.  B.,  of  , 
wife  of  A.  B.,  clergyman,  party  of  the  first  part ;  D.  E.,  of  ,  the  brother 
of  the  said  0.  B.,  party  of  the  second  part ;  and  F.  G.,  of  ,  mercliant, 

party  of  the  third  part:  Wheeeas,  by  an  indenture  in  parts,  bearing 

date  on  the        day  of  ,  18      ,  made  between  the  said  C.  B.,  by  her 

then  name  of  0.  M.,  of  the  first  part  [here  proceed  to  recite  the  settlement,  or 
other  deed,  iy  which  the  power  to  appoint  was  reserved,  and  any  facts  on 
ichich  its  execution  depends  ;  continuing  ;]  Now  this  ixdentuee  witnessetii 
that  the  said  0.  B.,  the  party  hereto  of  the  first  part,  by  virtue  of  the  power 
of  appointment  limited  to  her  in  the  before-recited  instrument,  and  of  all 
and  every  other  power  and  authority  in  that  behalf  given  or  reserved,  in 
her  vested,  or  her  in  anywise  thereto  enabling,  doth  limit  and  appoint  all 
that  [etc.,  describing  the  real  property]  to  the  use  of  the  said  F.  G.,  for  the 
term  of  his  natural  life,  to  take  efiect  immediately  after  the  death  of  the 
said  party  of  the  first  part.  And  tlie  said  party  of  the  first  part  doth,  by 
this  [here  describe  the  formalities  prescribed  hy  the  instrument  creating  the 
poicer,  and  by  law — e.g.,  thus :]  her  deed  in  writing,  under  seal,  and  exe- 
cuted and  delivered  in  the  presence  of  one  subscribing  witness,  whose  name 
it  is  intended  shall  be  written  hereon  as  a  witness  attesting  the  same,  and 
by  her,  the  said  0.  B.,  to  be  duly  acknowledged  according  to  law,  and  with 
the  consent  of  the  said  party  of  the  second  part  hereunto,  testified  by  his 
uniting  in  the  execution  of  these  presents  as  a  party  thereto,  declare,  limit, 
and  appoint  the  said  [trustees]  and  their  successors  and  heirs,  and  all  other 
persons  seized  of  the  said  premises,  or  any  part  thereof,  to  stand  seized  of 
the  same  described  real  property,  hereinbefore  limited  to  the  use  of  the 
said  0.  B.  as  aforesaid,  to  the  use  of  the  said  F.  G.  for  and  during  the  term 
of  his  natural  life,  to  take  effect  immediately  after  the  decease  of  the  said 
party  of  the  first  part. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  set 
their  hands  and  seals,  the  day  and  year  first  above  written. 

Executed  and  delivered  C.  B.     [Seal.] 

in  the  presence  of  D.  E.     [Seal.] 

[Signature  of  witness.] 

192.  The  Same,  by  Will. 

[Insert  in  the  will — see  forms  in  chapter  of  Wij.i.b] — And  I  further  declare 
it  to  be  my  will  as  follows — that  is  to  say :  Whereas  [here  recite  the  settlement 
or  other  instrument  by  which  the  power  to  appoint  was  reserved,  and  any 
facts  on  ichich  its  execution  depends  :  continuing  :]  Now,  therefore,  1  do  will, 
devise,  and  direct,  and  by  virtue  of  the  power  of  appointment  limited  to  me  in 
the  before-recited  instrument,  and  of  all  and  every  other  power  and  authority 
in  that  behalf  given  or  reserved,  in  me  vested,  or  me  in  anywise  tl  ereto 


APPOINTMENTS.  85 


Execution  of  Powers. 


taabling,  do  limit  and  appoint,  all  that  [etc.,  describing  the  real  fropertyl 
to  the  use  of  the  said  F.  G.,  for  the  term  of  his  natural  life,  to  take  effect 
immediately  after  my  deatli.  And  I  do  by  this  my  last  will  and  testament 
in  writing  [and  under  seal],  and  executed,  acknowledged,  and  published  in 
the  presence  of  two  subscribing  witnesses,  whose  names  it  is  intended  shall 
be  written  hereon  as  witnesses  attesting  the  same  according  to  law,  and  with 
the  consent  of  the  said  party  of  the  second  part,  hereunto  testified  and  certi- 
fied by  him  by  a  writing  indorsed  hereon,  under  his  hand  and  seal  [and  duly 
to  be  proved  or  acknowledged  according  t6  law],  declare,  hrait,  and  appoint 
the  said  [trustees]  and  their  said  successors  and  heirs,  and  all  other  persons 
seized  of  the  said  premises,  or  any  part  thereof,  to  stand  seized  of  the  same 
described  real  property  hereinbefore  limited  to  the  use  of  the  said  0.  B.  as 
aforesaid,  to  the  usa  of  the  said  F.  G.,  for  and  during  the  term  of  his  natural 
life,  to  take  effect  immediately  after  my  decease. 

193.  Consent,  to  be  Indorsed  on  the  Foregoing(b). 

To  all  to  whom  these  presents  may  come : 

Know  ye,  that  I,  D.  E.,  of  ,  brother  of  C.  B„  the  testator  described 

in,  and  who  executed  the  within  will,  do  hereby  consent  to  and  approve  of, 
and  testify  and  certify  my  consent  and  approval  to,  the  appointment  declared 
and  limited  in  the        paragraph  of  said  will,  according  to  the  terms  thereof. 

In  witness  wheeeof,  I  have  hereunto  set  my  hand  [and  seal],  this        day 
of  ,  18      . 

In  presence  of  D,  E.    [Seal.] 

[Signature  o/witness.] 

194.  By  a  Wife,  for  the  Sale  of  StocJcs,  under  a  Power  Reserved  to  Rer  in 
a  Marriage  Settlement. 

To  all  persons  to  whom  these  presents  shall  come,  0.  B ,  wife  of  A.  B., 
of        .    ,  sends  greeting : 
Whereas,  by  indenture  tripartite,  bearing  date  the        day  of         ,  18    , 
made  between  the  said  0.  H.,  by  her  then  name  and  addition  of  0.  M., 
of  ,  spinster,  of  the  first  part,  the  said  A.  B.  of  the  second  part,  and 

W.  M.  and  J.  B.  of  the  third  part,  it  was  agreed  by  the  said  parties  that  the 
said  W.  M.  and  J.  B.,  amongst  other  things,  should  stand  possessed  of 
shares  of  the  capital  stock  in  the  Bank  of  ,  in  the  said  indenture  men- 

tioned [to  have  been  transferred  on  the  day  of  the  date  thereof,  to  the  said 
W.  M.  and  J.  B.  by  the  said  0.  B.],  and  all  dividends,  interest,  and  profits 
thereon,  in  trust  for  the  sole  and  separate  use  of  the  said  0.  B.,  free  from 
the  interference,  control,  debts,  contracts,  and  engagements  of  the  said  A. 
B.,  and  in  trust,  from  time  to  time  to  pay  to,  or  permit  the  said  C.  B.,  dur- 
ing her  lifetime,  to  enjoy,  sell,  give  aw^ay,  spend,  or  dispose  of  the  same,  or 
any  part  thereof,  in  like  manner  to  all  intents  as  the  said  0.  B.  might  have 
done  if  she  had  remained  sole  and  unmarried ;   and  in  trust,  to  transfer  the 

(6)  Where  the  consent  of  a  third  person    it  should   be  expressed   in  the  appoint- 
is  requh-ed  to  the  execution  of  a  power,    ment,  or  should  be  indorsed  thereon. 


ABBOTTS'  FORMS. 


Execution  of  Powers.  Apprenticeship. 

same  to  such  person  or  persons  as  she,  the  said  C.  B.,  by  her  last  will  and 
testament,  or  any  other  writing  or  writings,  under  her  hand  and  seal,  prop- 
erly attested,  should  direct  and  appoint : 

Now  KNOW  YE,  that  the  said  0.  B.,  by  virtue  and  in  pnrsuance  of  the  said 
powers  and  limitations,  and  in  pursuance  of  every  other  power  and  author- 
ity in  that  behalf  given  or  reserved,  in  her  vested,  or  her  in  any  wise  there- 
to enabling,  doth  direct  and  appoint  the  said  W.  M.  and  J.  B.,  as  soon  as 
conveniently  may  be,  at  the  market  price,  to  sell  and  dispose  of  shares 
of  the  said  capital  stock,  standing  in  their  names  as  aforesaid ;  and  the 
moneys  arising  by  such  sale,  together  with  the  dividends  or  profits  accrued 
thereon,  after  deducting  the  costs  and  charges  of  such  sale,  to  pay  to  her, 
the  said  C.  B.,  to  her  sole  and  separate  use,  according  to  the  limitations, 
trusts,  and  true  intent  of  the  said  indenture.  * 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this  day 
of  ,  18    . 

In  presence  of  C.  B.     [Seal.] 

[Signature  of  witness.] 

195.  Reservation  of  Power  to  Revoke  and  Appoint  Anew,  which  may  "be 
Inserted  in  an  Appointment. 

Provibkd  always,  nevertheless,  that  it  shall  be  lawful  for  the  said  C.  B. 
at  any  time  during  her  natural  life,  whether  covert  or  sole,  by  any  deed  o: 
writing  under  her  hand  and  seal,  duly  attested  by  a  subscribing  witness  [or, 
by  her  last  will  and  testament,  or  other  writing  in  nature  thereof,  duly  at- 
tested by  two  subscribing  witnesses],  according  to  law,  to  alter,  change,  re- 
voke, make  null  and  void,  the  said  use  and  uses,  estate  and  estates,  hereby 
limited  or  created,  of  and  in  the  said  property  hereinbefore  described,  or 
any  part  thereof;  and  by  the  same  deed  or  writing  [or,  by  such  last  will  and 
testament,  or  writing  in  the  nature  thereof],  attested  as  aforesaid,  to  create, 
limit,  appoint,  or  declare  any  other  use  or  uses,  estate  or  estates,  trust  or 
trusts,  of  and  in  the  same  premises,  and  every  or  any  part  thereof,  in  such 
manner  and  form  as  the  said  0.  B.  shall  think  fit  and  convenient 


CHAPTEE  VI. 

APPRENTICES. 


A.PPRENTICES  are  a  species  of  servants,  so  called  from  Apprendre,  to  leam  ; 
and  the  term  is  usually  taken  to  mean  a  minor,  bound  for  a  term  of  years,  or 
until  he  attains  majority,  by  indenture  or  sealed  contract,  to  serve  a  master, 
by  whom  he  is  to  be  both  maintained  and  instructed. 

In  general,  and  without  any  statute  regulation,  a  contract  of  service  made 
by  a  minor  will  not  be  held  valid  unless,  in  the  particular  case,  it  appears,  in  its 
lerms  and  in  the  circumstances  under  which  it  was  made,  to  be  reasonable  and 


APPRENTICES.  87 


General  Principles. 


beneficial  to  the  minor.(c)  But  a  father,  who  is  entitled  to  the  services  of  liis 
minor  son,  and  for  whom  he  is  obliged  to  provide,  may  assign  those  services 
to  others,  for  a  consideration  to  enure  to  himself,  and  may  contract  that  his 
minor  son  shaU  labor  in  the  service  and  employment  of  others  for  any  term 
which  does  not  exceed  the  period  of  the  child's  emancipation  from  the  father, 
which  may  take  place  as  weU  on  the  father's  death  as  on  the  son's  arriving  at 
the  age  of  twenty-one  years. 

The  Statute. — This  subject  was  regulated  in  England  by  a  statute  enacted 
in  the  time  of  Queen  Elizabeth,((Z)  which  prescribed  the  modes  in  which  such 
contracts  should  be  made,  and  declared  all  contracts  by  which  minors  should 
be  bound  in  service  to  be  illegal,  unless  made  pursuant  to  the  statute. 

This  statute  has  been  in  part  adopted  in  most  of  the  States  in  this  country 
as  the  basis  of  a  system  of  apprenticeship,  the  general  features  of  which  are, 
that  a  minor,  with  the  consent  of  his  father, — or,  if  the  father  is  dead  or  inca- 
pacitated to  act,  or  has  abandoned  the  family,  the  consent  of  the  mother  ;  or, 
if  she  cannot  act  or  refuses,  that  of  the  guardian  ;  or,  if  there  is  no  guardian, 
that  of  certain  magistrates  designated  by  statute, — may  be  bound  to  service, 
by  writing,  to  a  master,  who  shall  by  the  contract  undertake  to  maintain  the 
apprentice,  and  to  teach  him  his  trade.  Various  special  provisions  for  the 
security  of  either  party  are  made  by  different  statutes  in  the  different  States. 
Unless  the  statute  declares  other  contracts  than  those  so  made  to  be  void, 
others  may  be  valid  also,  but  if  broken  can  only  be  enforced  by  action  at  law  ; 
whereas  contracts  made  pursuant  to  the  statute  may  be  summarily  and  speci- 
fically enforced,  by  either  party,  by  an  application  to  the  proper  magistrate,  who 
may  punish  a  refractory  or  unfaithful  apprentice  or  an  unjust  master ;  and  in 
proper  cases  may  discharge  the  apprentice,  and  compel  the  master  to  refund 
any  money  he  received  with  him. 

The  following  forms  are  appropriate  to  the  provisions  of  law  in  the  State  of 
New  York,  and  may  easily  be  modified  by  the  practitioner,  to  conform  to  the 
statute  provisions  of  his  own  State. 


I.  The  contract  of  APPKENTICESmP.  .  .  paoi 

196.  Indenture  with  consent  of  father 88 

197.  Indenture  with  consent  of  mother 89 

198.  Consent  of  father  or  mother 89 

199.  Justice's  certificate,  where  the  consent  is  by  the  mother 89 

200.  Indenture  with  consent  of  guardian 89 

201.  Consent  of  guardian,  where  parent's  consent  is  not  given 90 

202.  Indenture,  with  consent  of  magistrates 90 

2(j3.  Consent  of  magistrates,  where  parent's  or  guardian's  consent  is  not 

given 90 

204.  Agreement  by  the  father,  to  answer  for  the  fidelity  of  the  appren- 

tice :  to  be  indorsed  on  the  indenture 90 

II.  Pbooeedings  upon  a  violation. 

205.  Complaint  against  apprentice  for  refusing  to  serve 91 

206.  Verification  of  the  same 91 

207.  Warrant  on  thfi  foregoing  complaint 91 

208.  Commitment  of  apprentice  refusing  to  serve 91 

209.  Master's  complaint  touching  misdemeanor  or  ill-behavior  of  ap- 

prentice    92 

210.  Warrant  on  the  foregoing  complaint 92 

211.  Commitment  of  apprentice  for  misdemeanor  or  ill-behavior 92 

(c)  Nickerson  v.  Easton,  12  Pick.,  110.  {d)  5  Eliz..,  ch.  4,  §  41. 


88  ABBOTTS'  FOEMS. 


Indentures  of  Apprenticeship. 

PAGE 

212.  Discharge  of  apprentice  from  service,  and  of  the  master  from  his 

obligations 92 

213.  Complaint  by  apprentice 93 

214.  Summons  on  the  foregoing  complaint 93 

215.  Discharge  of  the  apprentice  on  the  foregoing  complaint 93 

I.  The  Oonteaot  of  Appreiiticeship. 

196.  Indenture  with  Consent  of  Father,  , 

This  indenttjbk,  made  this  day  of  ,  18  ,  witnesseth:  ThatC.  B., 
of  the  town  of  ,  in  the  county  of  ,  and  State  of  ,  now 

aged  years, (a)  with  the  consent  of  A.  B.,  his  father,  hereon  indorsed,* 
does  hereby,  of  his  [or,  her]  own  free  will,  bind  himself  [<>?•,  herself]  to 
serve  Y.  Z.,  of  the  town  of  ,  in  the  county  of  ,  and  State  of  , 
as  apprentice  [or,  clerk,  or,  servant]  in  the  trade  of  a  blacksmith  [or  other 
trade,  profession,  or  employment,  according  to  the  fact],  and  to  learn  the 
said  trade,  profession,  or  employment,  until  the  said  C.  B.  shall  have  attained 
the  age  of  twenty-one  years,  which  will  be  on  the        day  of  ,  in  the 

year  18  [or,  for  the  term  of  years  from  this  date],  during  all  which  time 
the  said  apprentice  shall  serve  the  said  master  faithfully,  honestly,  and  in- 
dustriously, his  secrets  keep,  and  lawful  commands  everywhere  readQy 
obey ;  at  all  times  protect  and  preserve  the  goods  and  property  of  the  said 
master,  and  not  suffer  or  allow  any  to  be  injured  or  wasted.  He  [or,  she] 
shall  not  buy,  sell,  or  traffic  with  his  own  goods  or  the  goods  of  others, 
nor  be  absent  from  the  said  master's  service,  day  or  night,  without  leave ; 
but  in  all  things  behave  as  a  faithful  apprentice  ought  to  do,  during  the 
said  terra.  And  the  said  master  shall  clothe  and  provide  for  the  said  ap- 
prentice in  sickness  and  in  health,  and  supply  him  [or,  her]  with  suitable 
food  and  clothing ;  and  shall  use  and  employ  the  utmost  of  his  endeavors 
to  teach,  or  cause  the  said  apprentice  to  be  taught  or  instructed  in,  the  art, 
trade,  or  mystery  of  [stating  trade,  etc.,  as  above] ;  and  also  cause  the  said 
apprentice,  within  such  term,  to  be  instructed  to  read  and  write  [and,  if  a 
male,  add :  and  in  the  general  rules  of  arithmetic] ;  and  at  the  expiration  of 
the  service,  give  the  said  apprentice  a  new  Bible.(5) 

[If  money  is  paid  with  the  apprentice,  insert  here:]  And  the  said  Y.  Z. 
acknowledges  that  he  has  received,  with  the  said  C.  B.,  from  the  said  A.  B. 
[naming  the  father  or  mother],  the  sum  of  dollars,  as  a  compensation 

for  his  instruction,  as  above  mentioned,  (c) 

Or,  if  wages  are  to  he  paid  for  the  service  of  the  apprentice,  insert :]  And 
the  said  Y.  Z.  further  agrees  to  pay  to  the  said  C.  B.  the  following  sums  of 
money — viz.,  for  the  first  year  of  his  service,  dollars ;  for  the  second 

(a)  Tho  statute  of  New  York  requires  {h)  The    provision,    as    to    instruction 

the  age  to  be  stated,  and  makes  the  state-  and  giving  the  Bible,  is  required  by  the 

ment  sufficient  evidence  on  the  point  (2  statute    in    case  of   children   bound    out 

Bev.  Stat.,  155,  §8);  but  it  is  o\\\y  prima-  by  officers  of  the  poor.    1  Rev.  Stat.,  155, 

facie  evidence,  and  it  may  be  contradicted  §  10. 

by  proof  of  the  true  age.     Drew  v.  Peck-  (c)  If  money  is  paid  or  agreed  for,  the 

well,  1  E.  D.  Smith,  4''S  ;  Matter  of  Bren-  sum  must  be  mentioned  in  the  indentures, 

nan,  1  Sand/.,  711.  2  Mev.  Stat.,  155,  g  9. 


# 


APPRENTICES.  89 

Indentures,  and  Consents  thereto. 

year  of  his  service,  dollars;  and  for  every  subsequent  year,  until  tie 

expiration  of  his  term  of  service,  dollars ;  which  said  payments  are 

to  be  made  on  the  day  of  in  each  year. 

And  for  the  true  performance  of  all  and  singular  the  covenants  and 

agreements  aforesaid,  the  said  parties  bind  themselves,((Z)  each  unto  the 

other,  firmly  by  these  presents. 
In  witness  whereof,  the  parties  aforesaid  have  hereunto  set  their  hands 

and  seals,  the  day  and  year  first  above  written. 

[Signature  and  seal  of  apprentice.] 
[Signature  and  seal  of  master.] 

197.  Indenture  with  Consent  of  Mother. 

This  indenttike,  made  this  day  of  ,  18      ,  witnesseth  :  That 

C.  B.,  of  the  town  of  ,  in  the  county  of  ,  and  State  of 

now  aged  years,  with  the  consent  of  A.  B.,  his  mother,  his  fathp'r 

having  abandoned  and  neglected  to  provide  for  his  family  [or,  being  dead, 
or,  being  insane  and  not  in  a  legal  capacity  to  give  his  consent],  as  hereon 
certified  by  a  justice  of  the  peace  of  the  said  town,  said  consent  being  also 
indorsed  hereon  [Thence  continue  as  in  the  preceding  form  from  the  *]. 

198.  Consent  of  Father  or  Mother. 

I  do  hereby  consent  to,  and  approve  of,  the  binding  of  my  son  [or,  daugh- 
ter], 0.  B.,  as  in  the  above  [or,  within]  indenture  mentioned.    Dated  the 
day  of  ,  in  the  year  18    .  [Signature.] 

199.  Justice's  Certificate,  Where  the  Consent  is  ly  tlie  Mother. 

I,  J.  K.,  a  justice  of  the  peace  of  the  town  of  ,  in  the  county  of 

,  do  certify  that  A.  B.,  the  father  of  the  infant  named  in  the  within 
indenture,  is  dead  [or,  is  not  in  legal  capacity  to  give  his  consent  thereto  ; 
or,  has  abandoned  and  neglects  to  provide  for  his  family].    Dated  the 
day  of  ,  18    .  [Signature]  Justice  of  the  peace, 

200.  Indenture  With  Consent  of  Guardian. 

This  indentuee,  made  this        day  of         ,18    ,  witnesseth:  ThatO.  B., 
of  the  town  of  ,  in  the  county  of  ,  and  State  of  ,  with  the 

consent  of  M.  N.,  his  duly-appointed  guardian,  his  father  and  mother  being 
dead  [or,  his  father  being  dead  and  his  mother  refusing  her  consent;  or, 
not  being  ia  legal  capacity  to  give  consent],  as  appears  by  such  consent 
hereon  indorsed  [Thence  continue  as  in  Form  l^Qfrom  the  *  to  the  end]. 


(d)  The  father  or  guardian  may  render  as  above  to  his  consent  indorsed,  and  by 

himself  personally  liable  for  the  fidelity  his  signing  and  sealing,  with  the  master 

of  the  apprentice,  by  being  designated  as  and  apprentice. 
11  party  to  be  bound,  instead  of  referring 


90  ABBOTTS'  rORM& 


Indentures  of  Apprenticeship. 


201.   Consent  of  Guardian,  Where  Parents^  Consent  is  Not  Given. 

I,  M.  N.,  the  duly  appointed  guardian  of  C.  B.,  the  infant  in  the  within 
indenture  named,  do  certify  that  the  father  and  mother  of  the  said  0.  B. 
are  dead  [«r,  that  the  father  of  the  said  C.  B.  is  dead,  and  that  the  mother 
of  the  said  C.  B.  refuses  her  consent  to  the  said  indenture  of  apprenticeship ; 
or,  is  not  in  legal  capacity  to  give  her  consent  to  the  said  indenture  of  ap- 
prenticeship] ;  and  that  I  do  hereby,  as  his  guardian,  consent  to,  and  approve 
of,  the  binding  of  the  said  0.  B.  in  and  by  the  said  indenture. 

Dated  the        day  of  ,18    . 

[Signature'l  Guardian  of  0.  B. 

202.  Indenture  With  Consent  of  Magistrates. 

This  indenture,  made  this  day  of  ,  18  ,  witnesseth:  That  0.  B., 
of  the  town  of  ,  in  the  county  of  ,  and  State  of  New  York,  with 

the  consent  of  the  overseers  of  the  poor  of  said  town  [<?r,  of  two  justices  of 
the  peace  of  said  town  ;  or,  of  J.  K.,  the  county  judge  of  said  county],  here- 
on indorsed  {Thence  continue  as  in  Form  196  from  the  *  to  the  end.] 

203.  Consent  of  Magistrate,  Where  Parents'  or  Guardian's  Consent  is  Not 

Given. 

We,  the  undersigned,  overseers  of  the  poor  of  the  town  of  [or,  two 

justices  of  the  peace  of  the  town  of  ;  or,  I,  the  undersigned,  county 

judge  of  county],  where  the  within-named  0.  B.  resides,  do  certify 

that  the  said  0.  B.  has  no  parent  living  [or,  no  parent  in  legal  capacity  to 
give  consent  to  the  within  indenture ;  or,  no  father  living,  and  his  mother 
is  not  in  legal  capacity  to  give  consent  to  the  within  indenture ;  or  vice 
versa],  and  that  he  has  no  guardian ;  and  that  we,  the  said  overseers  \or, 
justices  ;  or,  I,  the  said  county  judge]  do  hereby  consent  that  the  said  0.  B. 
may  bind  himself  \or,  herself]  by  the  smd  indentures. 

{Signatures  and  titles.] 

204.  Agreement  hy  the  Father  to  Answer  for  the  Fidelity  of  the  Apprentice, 

to  he  Indorsed  on  the  Indenture. 

In  consideration  of  the  covenants  and  agreements  to  be  performed  by 
Y.  Z.  to  and  with  my  son,  C.  B.,  specified  and  contained  in  the  within  in- 
denture, and  in  consideration  of  $1  to  me  in  hand  paid,  I  do  hereby  bind 
myself  to  the  said  Y.  Z.  for  the  true  and  faithful  performance  and  observ- 
ance by  the  said  0.  B.  of  all  the  matters  and  things  by  him  covenanted 
and  agreed  to  be  performed  and  observed  in  and  by  the  said  indenture  [and 
that  he  shall  well  and  truly  serve  the  said  Y.  Z.](e) 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  the  day 

3f  ,  18     .  •  [Signature  and  seal.] 


(e)  As  to  the  effect  cf  ius<».ning  such  a  clause  as  this  last,  see  chapter  of  Bonds,  infra. 


APPRENTICES.  91 


Complaint  agaiust  Apprentice. 


II.  Peoceedixgs  on  a  Violation  of  the  Oontbaot. 

205.  Master^s  Complaint  Against  Apprentice  for  Reftising  to  Serve. 

To  J.  K..  a  justice  of  the  peace  of  the  county  of  [or,  mayor,  or,  re- 

corder, or,  alderman  of  the  city  of  : 

I,  Y.  Z.,  of  the  town  of  ,  in  said  county,  blacksmith,  hereby  make 

complaint  to  yon  that  0.  B.,  an  apprentice  lawfully  bound  to  serve  me, 
whose  term  of  service  is  still  unexpired,  and  with  whom  I  have  not  received, 
nor  am  I  entitled  to  receive,  any  sum  of  money  as  a  compensation  for  his  in- 
struction, *  refuses  to  serve  according  to  the  law  and  the  terms  of  his  inden- 
ture ;  WHEEEFOHE,  I  apply  for  a  warrant  against  him,  pursuant  to  the  statute. 

Dated  the        day  of  ,  18    .  \Signature.'\ 

206.   Verification  of  the  Foregoing. 
County  of  ,  ss. 

Y.  Z.,  above  named,  being  duly  sworn,  says  that  the  facta  and  circum- 
stances stated  and  set  forth  in  the  above  complaint  are  true. 
Sworn  before  me,  this        day  of  18    . 

G.  H.,  Justice  of  the  peace. 

207.   Warrant  on  the  Foregoing  Complaint. 
County  OF  ,  ss. 

To  any  constable  of  said  county,  greeting : 

Whereas,  complaint  has  been  made  to  me,  J.  K.,  one  of  the  justices  of  the 
peace  of  said  county  \or  other  magistrate],  upon  the  oath  of  Y.  Z.,  of  , 

in  said  county  [or,  city],  blacksmith,  that  0.  B.,  an  apprentice  lawfully  bound  to 
serve  the  said  Y.  Z.,  whose  term  of  service  is  still  imexpired,  and  with  whom 
the  said  Y.  Z.  has  not  received,  nor  is  entitled  to  receive,  any  sum  of  money 
as  a  compensation  for  his  instruction,  *  refuses  to  serve  the  said  Y.  Z.,  as  by 
law  and  the  terms  of  his  indenture  of  apprenticeship  he  is  required,  t  Now, 
THEREFORE,  you  are  hereby  commanded  forthwith  to  apprehend  the  said 
C.  B.,  and  bring  him  before  me,  at  my  office  in  ,  to  answer  to  the  said 

Y.  Z ,  and  be  dealt  with  according  to  law. 

Given  under  my  hand,  this        day  of  ,  18    . 

[Signatwre  and  title  of  magistrate^ 

208.  Commitment  of  Apprentice  Refusing  to  Serve. 

[As  in  preceding  form  to  the  t,  thence  continuing  thus ;]  And  the  said 
C.  B.,  by  virtue  of  my  warrant  thereupon  issued,  has  been  brought  before 
me,  to  be  aealt  with  according  to  law ;  and  whereas,  after  due  proof  before 
me  of  the  facts  as  above  stated  and  set  forth,  the  said  C.  B.  still  persists  in 
such  refusal  to  serve  the  said  Y.  Z.  Now,  therefore,  you  are  hereby  com- 
manded, in  the  name  of  the  People  of  the  State  of  New  York,  to  take  and 
convey  the  said  0.  B.  to  the  common  jail  of  said  county,  and  deliver  him  to 
the  keeper  thereof,  who  is  commanded  to  receive  the  said  C.  B.  into  the  said 


92  ABBOTTS'  FOKMS. 


Commitment  of  Apprentice. 


common  jail,  there  to  remain  until  he  shall  consent  to  serve  the  said  Y.  Z. 
according  to  law. 

Given  [etc.,  as  in  the  preceding  forni]. 

209.  Master' a  Complaint  Touching  Misdemeanor  or  Ill-beTMvior  of 
Apprentice. 
[As  in  Form  205  to  the  *,  except  that  it  is  to  he  addressed  to  two  such 
magistrates;  thence  continuing  thus ;]  has  been  guilty  of  misdemeanors  and 
ill-behavior  towards  me,  the  said  Y.  Z.,  as  follows,  viz.,  [here  set  forth  the 
particulars'] ;  wherefore,  I  apply  for  a  warrant  against  him,  pursuant  to  the 
statute. 

[Date.]  [Signature.'] 

[Add  Verification,  as  in  Form  206.] 

210.    "Warrant  on  tJie  Foregoing  Complaint. 

[As  in  Form  207  to  the  *,  except  using  the  word  "u8,"an<Z  naming  two 
magistrates ;  thence  continuing  thus :]  has  been  guilty  of  misdemeanors 
and  ill-behavior  towards  me,  the  said  Y.  Z.,  as  follows,  viz.,  [Set  forth  the 
particulars,  as  in  the  complaint.]  Now,  therefore,  you  are  hereby  com- 
manded forthwith  to  apprehend  the  said  0.  B.,  and  bring  him  before  us,  at 
the  office  of  G.  H.,  in  the  town  of  ,  that  we  may  hear,  examine  into, 

and  determine  the  said  complaint,  and  deal  with  the  said  0.  B.  according 
t<;  law. 

GrvEN  under  our  hands,  this        day  of  ,  18    . 

[Signatures  and  titles  of  two  magistrates.] 

211,  Commitment  of  Apprentice  for  Misdemeanor  or  Ill-iehavior. 

[As  in  Form  207  to  the  *,  except  using  the  word  "us,"  and  naming  two 
magistrates ;  thence  continuing  thus :]  has  been  guilty  of  misdemeanors 
and  ill-behavior  towards  him,  the  said  Y.  Z.,  as  follows,  viz.  [as  in  the  com- 
plaint] :  and  the  said  C.  B..  by  virtue  of  our  warrant  thereupon  issued,  has 
been  brought  before  us,  and  upon  due  examination  of  the  proofs  and  alle- 
gations of  the  parties,  it  satisfactorily  appears  to  us  that  the  complaint  is 
well  founded,  and  that  the  said  C.  B.  is  guilty  of  the  premises  charged 
against  him  as  aforesaid.  Now,  therefore,  you  are  hereby  commanded, 
in  the  name  of  the  People  of  the  State  of  New  York,  to  take  and  convey 
the  said  C.  B.  to  the  common  jail  of  said  county,  and  deliver  him  to  the 
keeper  thereof,  who  is  commanded  to  receive  the  said  0.  B.  into  the  said 
common  jaU,  there  to  remain  in  solitary  confinement,  and  to  be  employed 
at  hard  labor,  for  the  term  of  [any  term  not  exceeding  one  month]. 

Given  [etc.,  as  in  Form  210]. 

212.  Discharge  of  the  Apprentice  from  Service,  and  of  the  Master  from 

His  Obligations. 

[As  in  Foi'm  207  to  the  *,  except  using  the  word  "  us,"  and  naming  two 
magistrates ;   thence  continuing  thus:]  has  been  guilty  of  misdemeanors 


APPRENTICES.  93 


Complaint  against  Master. 


and  ill-behavior  towards  him,  the  said  Y.  Z.,  as  follows,  viz.  [as  in  the  com' 
plaint] :  and  the  said  0.  B.,  by  virtue  of  our  warrant  thereupon  issued,  has 
been  brought  before  us ;  and,  upon  due  examination  of  the  proofs  and  alle- 
gations of  the  parties,  it  satisfactorily  appears  to  us  that  said  complaint  is  well 
founded,  and  the  said  0.  B.  is  guilty  of  the  premises  charged  against  him 
as  aforesaid.  Now,  theeefoee,  we  do  hereby  discharge  the  said  0.  B.  from 
the  service  of  the  said  Y.  Z.,  and  the  said  Y.  Z.  from  all  and  every  of  his 
obligations  incurred  under  and  by  virtue  of  the  indentures  of  apprentice- 
ship of  the  said  0.  B. 

Given  [etc.,  as  in  Form  210.] 

213.  Complaint  hy  Apprentice. 

To  J.  K.  and  L.  M.,  two  of  the  justices  of  the  peace  of  the  county  of  : 

[or  other  two  magistrates] : 

I,  0.  B.,  apprentice  to  Y.  Z.,  of  the  town  of  ,  in  said  county,  black- 

smith, hereby  complain  to  you,  that  the  said  Y.  Z.,  to  whom  I  am  lawfully 
bound  by  indentures  of  apprenticeship,  the  term  of  service  in  which  hath 
not  yet  expired,  and  who  has  not  received,  nor  is  entitled  to  receive,  any 
sum  of  money  as  a  compensation  for  my  instruction,  has  cruelly  beat, 
bruised,  and  wounded  me,  the  said  0.  B.,  being  his  apprentice  as  afore- 
said [or,  has  misused  and  ill-treated  me,  the  said  0.  B.,  being  his  appren- 
tice as  aforesaid,  by  refusing  to  furnish  me  with  necessary  provisions  and 
clothing,  or  other  violation] ;  to  wit,  at  ,  aforesaid,  on  the  day  of 

,18     ;  wherefore,  I  apply  to  have  the  said  Y.  Z.  summoned  before 
yon,  pursuant  to  the  statute. 

[Date.]  [Signature.^ 

[Add  Verification,  as  in  Form  206.] 

214,  Summons  on  the  Foregoing  Complaint. 

COTJNTY  OF  ,  SS  .• 

To  any  constable  of  said  county,  greeting : 

"WnfiEEAS,  complaint  has  been  made  to  us,  the  undersigned,  justices  of 
the  peace  in  and  for  the  said  county,  upon  the  oath  of  0.  B.,  apprentice  of 
Y.  Z.,  of  ,  in  said  county,  blacksmith,  that  the  said  Y.  Z.,  to  whom 

the  said  0.  B.  is  lawfully  bound  by  indentures  of  apprenticeship,  the  term 
of  service  in  which  has  not  yet  expired,  and  who  has  not  received,  nor  is 
entitled  to  receive,  any  sum  of  money  as  a  compensation  for  the  instruction 
of  the  said  0.  B.,  has  [here  state  the  charge  in  the  complaint].*  Now, 
THEEKFOEE,  you  are  hereby  commanded  to  summon  the  said  Y.  Z.  and 
0.  B.  to  appear  before  us,  at  the  office  of  G.  H.,  in  the  town  of  , 

on  the         day  of  instant,  at         o'clock  in  the  noon,  that  we 

may  hear,  examine,  and  determine  the  said  complaint. 

GrvEN  [etc.,  as  in  Form  210]. 

215.  Discharge  of  the  Apprentice  on  the  Foregoing  Complaint. 

.  [As  in  the  preceding  form  to  the*,  continuing  thus:]  And  the  said  Y.  Z., 
by  virtue  of  our  summons  thereupon  issued,  has  been  brought  before  us, 


94  ABBOTTS'  FORMS. 


Arbitration  and  Award. 


and  upon  due  examination  of  the  proofs  and  allegations  of  the  parties,  it 
satisfactorily  appears  to  us  that  the  said  Y,  Z.  is  guilty  of  iiie  premises  so 
charged  against  him  as  aforesaid.  Now,  theeefore,  we  do  hereby  dis- 
charge the  said  C.  B.  from  the  service  of  the  said  Y.  Z.,  any  thing  in  his 
indentures  of  apprenticeship  as  aforesaid  to  the  contrary  notwithstanding. 
GiVBN  [ete.^  as  in  Form  210]. 


CHAPTER  Yn. 

ARBITRATION^   AND  AWARD. 


In  general,  any  controversy  which  might  be  the  subject  of  a  civil  action, 
may  be  submitted  to  arbitration.  If  an  action  is  already  pending,  the  arbitra- 
tion effects  a  discontinuance  of  it,  unless  it  is  otherwise  stipulated  by  the  parties. 
An  agreement  to  arbitrate  is  usually,  though  not  necessarily,  in  writing. 
When  in  writing,  it  is  frequently  in  the  form  of  mutual  bonds.  If  not  in  that 
form,  it  is  prudent  to  make  two  counterparts  of  the  instrument,  one  for  each 
party.  It  is  usual  to  appoint  one,  two,  or  three  arbitrators,  and,  if  more 
than  one,  to  provide  against  the  contingency  of  their  not  being  able  to  agree. 
This  may  be  done  by  empowering  them,  in  such  case,  to  call  in  another  per- 
son, chosen  by  themselves,  to  act  with  them ;  but  the  better  practice  is  to  em- 
jwwer  them  to  choose  an  umpire,  who  shall  act  instead  of  them,  if  they  fail  to 
agree. 

The  agreement  of  submission,  in  whatever  form  it  is  made,  should  state  ex- 
plicitly what  powers  are  intended  to  be  conferred  on  the  arbitrators  or  umpire, 
either  by  referring  all  controversies  without  limit,  or  by  distinctly  limiting 
tlie  particular  controversies  intended.  If  it  is  intended  that  the  arbitrators 
may  require  either  party  to  pay  the  expenses  incurred  by  the  other  in  the 
arbitration,  the  agreement  should  expressly  empower  them  to  award  payment 
of  expenses.  But  without  this,  the  arbitrators  are  entitled  by  custom  to  require 
the  prevailing  party  to  pay  them  the  same  fees  which  are  allowed  to  referees 
in  courts  of  record,  usually  three  dollars  per  diem.  A  different  rate  of  com- 
pensation may  be  fixed  by  agreement  of  those  concerned. 

All  the  arbitrators  and  all  the  parties  must  have  reasonable  notice  of  the 
time  and  place  of  the  hearing.  The  more  convenient  practice  is  to  apply  to 
the  arbitrators  to  appoint  a  time  and  place,  and  give  written  notice  to  the 
parties. 

If  several  arbitrators  are  appointed,  an  award  must  be  made  by  all,  unless  it 
is  otherwise  provided  in  the  submission.  If  it  is  provided  that  all  or  any  two 
of  them  may  make  an  award,  they  must  all  have  due  notice  to  attend  the 
meeting,  and  of  the  subject  of  reference,  otherwise  the  award  will  not  be 
binding ;  but  if,  after  notice,  one  of  the  arbitrators  should  omit  to  attend,  the 
two  who  do  attend  may  make  an  award. 

If,  after  due  notice,  either  pa r^y  neglects  to  attend,  the  arbitrators  may  pro- 
ceed ex  parte. 

In  settling  their  award,  the  arbitrators  must  confine  themselves  strictly 
within  the  powers  conferred  by  the  submission.  The  precise  controversy  sub 
mitted  to  them  should  be  determined  ;  and  if  the  award  embraces  matters  not 
Included  in  the  submission  it  is  void,  imless  the  portion  which  exceeds  the 
submission  can  be  separated  from  the  rest,  without  affecting  the  merits  of  the 
award  as  to  that  which  was  submitted. 


ARBITRATION  AND  AWARD.  95 

General  Principles. 

The  matters  awarded  should  be  expressed  in  clear  and  distinct  terms,  so 
that  nothing  shall  be  left  uncertain.  Thus  if  a  party  is  required  to  give  secu- 
rity, the  nature  and  extent  of  the  security  must  be  stated,  otherwise  it  would 
not  appear  what  would  amount  to  a  performance  of  such  requirement.  In 
reference,  however,  to  matters  of  calculation,  or  of  definite  facts,  ascertainable 
to  a  legal  certainty,  it  is  enough  if  the  award  give  the  data  or  conditions  from 
which  the  result  may  be  deduced. 

The  matters  awarded  must  also  be  mutual,  aflfecting  both  parties  ;  and  final, 
BO  as  to  terminate  the  controversy. 

If  the  submission  requires  it,  the  award  must  be  sealed  as  well  as  signed  ; 
otherwise,  sealing  is  not  necessary,  even  where  the  submission  is  sealed.  If 
the  submission  contemplates  being  delivered  to  the  parties,  it  should  be  exe- 
cuted in  duplicate,  so  that  each  party  may  have  an  original. 

Statutory  Arbitration. — In  many  of  the  States,  the  proceeding  is  regulated 
by  statute,  with  provisions  that  the  award  may  be  brought  into  court  and  a 
iudgment  entered  thereon.  In  New  York  and  some  other  States,  it  is  held  that 
the  statute  does  not  wholly  take  away  the  commoD-law  proceeding ;  so  that 
in  some  cases  an  arbitration  may  be  good  for  the  purpose  of  establishing  a 
valid  award  on  which  the  successful  party  may  sue  if  necessary,  although  it 
do  not  conform  to  the  statute,  and  therefore  do  not  entitle  the  party  to  a  s\im- 
mary  judgment  without  suit.  In  other  States,  the  statute  method  is  exclusive, 
and  its  regulations  are  held  to  apply  to  all  arbitrations. 

The  statute  of  New  York  provides  that  for  the  purpose  of  an  award  on 
which  judgment  may  be  entered,  all  persons,  except  infants  and  married 
women,  and  persons  of  unsound  mind,  may,  by  an  instrument  in  writing,  sub- 
mit to  the  decision  of  one  or  more  arbitrators  any  controversy  existing  be- 
tween them,  which  might  be  the  subject  of  a  suit  at  law  or  in  equity;  in- 
cluding any  claim  to  an  interest  in  real  estate,  for  a  term  of  years  or  less,  and 
any  controversy  respecting  partition  between  joint  tenants,  or  tenants  in  com- 
mon, or  concerning  boundaries,  or  the  admeasurement  of  dower,  but  excluding 
claims  to  real  estate,  in  fee  or  for  life.     Married  women  are  now  competent. 

The  agreement  must  stipulate  that  judgment  may  be  entered  on  the  award, 
if  a  proceeding  under  the  statute  is  intended. 

The  forms  given  below  for  the  statute  arbitration  are  according  to  the  prac- 
tice prescribed  by  the  New  York  statute,  and  wiU  be  found  sufficient  in  most 
of  the  otlier  States.  In  some  of  the  States  the  award,  when  ready,  is  delivered 
to  the  court  by  the  arbitrators,  and  the  matter  called  up  as  a  cause  in  its  order 
on  the  docket. 

I.  Akbitbation  at  oommon  law. 

PAGE 

216.  General  form  of  agreement  of  submission 96 

217.  The  same,  with  agreement  for  an  umpire 97 

218.  Short  form  of  submission 98 

219.  Special  submission  ; — controversy  between  several  persons  on  each 

side 98 

220.  The  same,  of  controversy  as  to  wages 98 

221.  The  same,  of  controversy  as  to  an  account 98 

222.  The  same,  of  controversy  as  to  breach  of  warranty 99 

223.  The  same,  concerning  the  settlement  of  partnership  affairs 99 

224.  The  same,  of  controversy  as  to  annuity  in  lieu  of  dower 99 

225.  The  same,  concerning  land,  and  trespasses 99 

226.  The  same,  concerning  boundaries 100 

227.  Arbitration  bond 100 

228.  The  same,  where  appointment  of  an  umpire  is  contemplated 100 

229.  Agreement  of  submission  or  bond,  where  the  arbitrators  are  to  be 

sworn 101 

230.  Submission  without  discontinuing  a  pending  suit 101 

281.  Notice  to  the  arbitrators  of  their  appointment 101 


96  ABBOTTS'  FORMS. 


Arbitration  at  Common  Law. 


PAOI 

282.  Notice  of  hearing  for  adverse  party 101 

288.  Oath  of  witnesses 102 

234.  Agreement  to  extend  the  time  for  making  award 102 

285.  Revocation  of  arbitrator's  powers 102 

286.  Notice  of  revocation  to  adverse  party 102 

287.  Appointment  of  umpire  after  disagreement  of  arbitrators 102 

288.  The  same,  before  the  hearing '. 108 

289.  Award  by  one  or  more  arbitrators 1 03 

240.  Award  by  umpire 103 

241.  Award ; — for  payment  of  money  in  full 104 

242.  "        for  damages  for  breach  of  warranty 104 

243.  "        for  delivery  of  goods 104 

244.  "        for  delivery  of  writings 104 

245.  "        for  delivery  up  of  writings  to  be  cancelled 105 

246.  "        for  giving  a  bond  for  payment  of  money 105 

247.  "        for  assignment  of  a  mortgage , 105 

248.  "        for  specific  performance  of  agreement  to  assign  a  lease...  105 

249.  "        for  specific  performance  of  contract  to  convey  land 105 

250.  Provision  for  the  discontinuance  of  all  suits 105 

251.  "        for  the  same,  with  costs 106 

252.  "        for  general  releases 106 

253.  "        for  costs  of  the  arbitration 106 

TL  Abbitbation  under  the  statute. 

254.  Submission 106 

255.  Oath  of  arbitrators 107 

256.  Oath  of  applicant  for  subpoena 107 

257.  Subpoena  to  appear  before  arbitrators 107 

258.  Affidavit  to  the  submission  by  the  subscribing  witness 107 

259.  Affidavit  to  the  award  by  the  subscribing  witness 108 

260.  The  same,  by  the  arbitrators 108 

261.  Proof  of  service  of  award 103 

262.  Notice  of  application  for  judgment 109 

"  268.  Order  confirming  award 109 

264.  Judgment  on  award 109 


I.  Aebitbation  at  Commox  Law. 

216.   General  Form  of  Agreement  of  Submission. 

Whkrkas  controversies  exist,  and  for  a  long  time  have  existed,  between 
ns,  A.  B.,  of  ,  and  Y.  Z.,  of  ,  in  relation  to  divers  subjects : 

Now,  THEBEFOEE,  we,  the  undersigned  A.  B.  and  Y.  Z.,  do  hereby  mutually 
covenant  and  agree,  to  and  with  each'other,  to  submit  all  and  all  manner  of 
actions,  cause  and  causes  of  actions,  suits,  controversies,  claims  and  de- 
mands whatsoever,  now  pending,  existing,  or  t  held  by  and  between  us,  § 
to  M.  N.,  of  ,  as  arbitrator,  who  shall  [<>?■,  to  M.  N.,  O.  P.,  and  Q.  R., 

all  of  ,  as  arbitrators,  who,  or  any  two  of  whom,  shall]  arbitrate,  award, 
order,  judge,  and  determine  of  and  concerning  the  same.  [Here  insert,  if 
desired,  With  power  to  award  the  payment  of  the  costs  [and  of  the  ex- 
penses] incurred  in  such  arbitration.]  And  we  do  mutually  covenant  and 
agree  to  and  with  each  other  that  the  award  to  be  made  by  the  said  arbi- 
trator [or,  arbitrators,  or  any  two  of  them]  shall,  in  all  things,  by  us  and 


ARBITRATION  AND  AWARD.  97 

Submissions. 

each  of  us,  and  by  the(a)  executors,  administrators,  and  assigns  of  us  and 
each  of  us,  he  well  and  faithfully  kept,  obsei'ved,  and  performed.  Pro- 
^^ded,.  however,  that  such  award  be  made  in  writing,  under  the  hand  of 
the  said  arbitrator  [or,  hands  of  the  said  arbitrators,  or  any  two  of  them], 
ready  to  be  delivered  to  us,  or  .either  of  us,  on  or  before  the  day 

of  ,  18     . 

Witness  our  hands  and  seals,  this        day  of  18    . 

In  presence  of  A.  B.  [Seal.] 

[Witnesses  signature.]  Y.  Z.  [Seal.] 

217.  The  Same,  with  Agreement  for  an  Umpire. 

[As  in  Form  No.  21 6,  to  the  § ;  continuing  thus :]  to  M.  N.,  O.  P.,  and  O. 
E.,  all  of  ,  as  arbitrators,  who  shall  arbitrate,  award,  order,  judge, 

and  determine  of  and  concerning  the  same.  [Hei-e  insert,  if  desired,  with 
power  to  award  the  payment  of  the  costs  [and  of  the  expenses]  incurred  in 
such  arbitration.]  And  we  do  mutually  covenant  and  agree  to  and  with 
each  other,  that  the  award  to  be  made  by  the  said  arbitrators  shall  in  all 
things  by  us  and  each  of  us,  and  by  the(a)  executors,  administrators,  and 
assigns  of  us  and  each  of  us,  be  well  and  faithfully  kept,  observed,  and 
performed.  Provided,  however,  that  such  award  be  made  in  writing,  under 
the  hands  of  the  said  arbitrators,  ready  to  be  delivered  to  us,  or  either  of 
us,  on  or  before  the        day  of  ,  18    .     And  provided  that,  in  case 

the  said  arbitrators  do  not  so  make  their  award(5)  on  or  before  said  day, 
the  questions  above  mentioned  shall  be,  and  are  hereby,  submitted  to  the 
decision  of  such  third  person  as  shall  be  then,  or  shall  theretofore (c)  have 
been,  appointed  [in  writing(<Z)]  by  said  arbitrators  to  act  in  such  case  as 

{a)  Here  insert  "heins,"  if  the  award  57;  affirmed,  13  ib.,  27.  So,  when  the 
may  affect  interests  in  real  property — e-g.^  agreement  was,  to  have  the  controversy 
wliere  a  question  of  boundary  or  of  ap-  determined  "  by  two  appraisers,  or  by  an 
praisal  of  lands  to  be  taken  for  public  use  umpire  to  be  appointed  by  such  ap- 
is submitted,  as  in  Roberts  v.  McNeil,  12  praisers  to  decide  between  them  in  case 
TTew^f.,  578;  Wood  t;.  Auburn  and  Eoches-  of  their  disagreement;"  and  the  ap- 
ter  R.  E.  Co.,  8  A^  J".  (4  Seld.),  160.  praisers,  without  attempting  to  determine 

(6)  Under  this  phraseology  in  the  sub-  the  question,  appointed  an  umpire,  it  was 

mission,  it  will  not  be  necessary  to  the  held  that  he  had  power  to  hear  it,  in  the 

validity  of  an  award  by  an  umpire  that  first  instance,  and  his  award  was  good, 

the  arbitrators  should  have  entered  upon  Butler  v.   Mayor,   etc.,   of  New  York,  1 

the  trial  of  the  controversy  submitted.  It  Hill,  489;  and  1  Barb.,  325. 
will  be  sufficient  that  they  agreed  in  ap-        (c)  Arbitrators  may  nominate  an  um- 

poiiiting  the  umpire,  and  that  the  day  pire  before  they  proceed  to  the  consid- 

nanied  for  delivering  their  award  passed  eration  of  the  subject ;   and  this  is  the 

witliout  their  having   agreed  upon  and  fairest  way  of  choosing.     Van  Cortlandt 

made  one.     Thus,  when  the  submission  v.  Underbill,  17  Johns.,  405;    Butler  v. 

was,  that  if  the   arbitrators   should  not  Mayor,  etc.,  of  New  York,  1  Hill,  439 ; 

make  an  award  within  the  time  limited  and  1  Barh.,  325. 

the  umpire  should  act,  it  was  held,  that        {d}  The  appointment  of  an  umpire  need 

the  omission  of  the  arbitrators  to  act  was  not  be  in  writing,  unless  required  by  the- 

sufficient,  without  showing  any  disagree-  submission.     If  the  words,  "  in  writing,"' 

ment.      McKinsory  «.  Solomons,  2  Johns.,  in  the  above  form,  are  omitted,  the  arbi- 
7 


98  ABBOTTS'  FORMS. 


Submissions  to  Arbitration. 


umpire ;  and  the  award  so  made  and  ready  to  be  delivered  by  said  umpire, 
on  or  before  the        day  of  ,  shall  be  valid  and  binding  npon  each  of 

ns,  and  the  (a)  executors,  administrators,  and  assigns  of  each  of  us.  in  like 
manner  as  if  it  had  been  made  by  the  arbitrators  above  named  in  person. 

"Witness  our  hands  and  seals,  this        day  of  ,  18    . 

In  presence  of  A.  B.  [Seal.] 

[  Witnesses  signature.]  Y.  Z.  [Seal] 

218.  Short  Form  of  Submu»ion.{e) 

The  undersigned  hereby  mutually  agree  to  submit  all  their  matters  in 
difference,  of  every  name  and  kind,  to  the  determination  and  award  of 
M.  N.  of  ,  as  arbitrator  [or,  to  M.  N.,  O.  P.,  and  Q.  R.,  all  of  ,  as  ar- 
bitrators], the  said  arbitrator  [or,  arbitrators,  or,  any  two  of  them]  to  hear 
and  determine  the  same  [and,  insert,  if  desired,  and  award  the  payment  of 
the  costs  [and  expenses]  incurred  in  such  arbitration],  and  make  their 
award  in  writing,  on  or  before  the        day  of  ,  18    . 

Witness  our  hands,  this        day  of  ,  18    . 

In  presence  of  [Signatures.] 

[  Witness's  signature.] 

219.  Special  Submission  ; — Controversy  between  Several  Persons  on  Either 

Side.(f) 
[As  in  Form  216,  insertiny,  instead  of  the  words,  "held  by  and  between 
us,"  at  the  t,  these  words:  held  jointly,  by  and  between  the  said  A.  B.  and 
0.  D.  of  the  one  part,  and  the  said  W.  X.  and  T.  Z.  of  the  other  part. 

220.  Special  Submission  ; — Controversy  as  to  Wages, 

"Whkreas  a  controversy  exists  between  us,  A,  B.  and  Y.  Z.,  both  of  , 
in  relation  to  the  wages  due  to  Y.  Z.  from  A.  B.,  for  services  heretofore 
rendered  by  Y.  Z.  to  A.  B.,  as  clerk  [or,  as  foreman,  or,  as  journeyman,  or, 
as  laborer.]  Now,  therefoke,  we,  the  undersigned  A.  B.  and  Y.  Z.  afore- 
said, do  hereby  mutually  covenant  and  agree,  to  and  with  each  other,  to 
submit  the  controversy  to  [proceed  as  in  Form  No.  216,  from  the  §;  or,  if 
an  umpire  is  to  be  appointed,  follow  Form  217.] 

221.  Special  Submission; — Controversy  as  to  an  Account. 

Whereas,  in  respect  to  the  account  between  the  parties  hereto,  a  copy  ol 
which  is  hereto  annexed,  a  controversy  has  arisen  as  to  whether  A.  B.  ever 
delivered  the  flonr  therein  mentioned,  or  any  part  thereof,  to  Y.  Z,,  and  if 
so,  with  what  price  or  value  Y.  Z.  is  chargeable  therefor,  and  as  to  what 

trators  can  make    the   appointment   by  that  there  will  be  accord  in  the  adjiist- 

parol.  Elmendorft?.  Harris,  5  Wend.,  516;  ment  of  matters  of  detail  arising  in  the 

S.  C,  23  Wend.,  628.  course  of  the  proceeding. 

(«)  This  form  is  only  recommended  for  {/)  In  such  a  case,  unless  the  submis- 
cases  m  which  the  matters  in  controversy  sion  be  expressly  confined  to  joint  de- 
are  regarded  aa  of  slight  importance  ;  or  mands,  it  will  include  individual  demands 
where  -entire  mutual  confidence  is  felt  also.     Fidler  v.  Cooper.  19  Wend.,  2So. 


AEBITRATION  AKD  AWARD.  99 

Special  Submissions. 

term  of  credit  Y.  Z.  is  entitled  to  for  the  payment  of  the  balance  due  from 
him  to  A.  B. 

Now,  THEREFOEE,  we,  the  undersigned  A.  B.  and  Y.  Z.  aforesaid,  do 
hereby  mutually  covenant  and  agree,  to  and  with  each  other,  to  submit  the 
said  controversy  to  [proceed  as  in  Form  No.  216,  from  the%\  or,  if  an, 
umpire  is  to  be  appointed,  follow  Form  217]. 

222.  Special  Submission  ; — Controversy  as  to  Breach  of  Warranty. 

Whereas  a  controversy  exists  between  us,  A.  B.  and  Y.  Z.,  both  of  , 
concerning  the  sale,  warranty,  and  soundness  of  a  certain  horse,  which  it  is 
alleged  was  sold  by  Y.  Z.  to  A.  B.  aforesaid,  upon  a  warranty  that  the  said 
horse  was  sound  in  every  respect,  and  which  horse,  it  is  alleged,  is  not  and 
was  not,  at  the  time  of  such  sale,  sound  in  every  respect.  Now,  there- 
fore [etc.,  as  in  Form  220]. 

223.  Special  Submission; —  Concerning  the  Settlement  of  Partnership  Affairs. 

Whereas  a  controversy  exists  between  us,  A.  B.  and  Y.  Z.,  both  of  , 
concerning  the  winding  up  of  the  affairs  of  the  firm  of  B.  &  Z.,  of  which 
we,  the  said  A.  B.  and  Y.  Z.,  were  the  partners,  and  the  several  claims  by 
and  between  either  of  us  arising  out  of  said  partnership, (^)  upon  transac- 
tions subsequent  to  the  day  of  ,  18  .{h)  Now,  therefore,  [etc., 
as  in  Form  220.] 

224.  Special  Submission  ; — Controversy  as  to  Annuity  in  Lieu  of  Dower. (i) 

Whereas  A.  B.,  as  widow  of  B.  B.,  deceased,  was  entitled  to  dower  in  all 
the  farm  in  M.,  sold  by  Y.  Z.,  heir  of  said  B.  B.,  to  one  N.,  and  which  had 
belonged  to  said  B.  B.  in  his  lifetime,  and  said  A.  B.  had  agreed  with  said 
Y.  Z.  to  take  a  sum  of  money,  to  be  secured  and  paid  quarterly  to  her  during 
her  life  by  said  Y.  Z.,  in  lieu  of  said  dower;  and,  whereas,  a  controversy 
has  arisen  between  the  parties  hereto,  as  to  what  quarterly  sum  is  a  fair 
equivalent  in  lieu  of  said  dower,  and  what  amount  of  security  therefor,  and 
the  nature  of  the  same,  shall  be  given  by  said  Y.  Z.  to  said  A.  B.  Now, 
therefore,  [etc.,  as  in  Form  220]. 

225.  Special  Submission  ; — Concerning  Land  and  Trespasses. 
Whereas  a  controversy  exists  between  us,  A.  B.  and  Y.  Z.,  both  of  , 
concerning  the  title  [or,  the  right  to  possession,  or  both]  to  a  tract  of  land 
situate  in  the  town  of  M.  and  county  of  N.,  and  known  as  the  Smith  farm, 
[or,  and  bounded  and  described  as  follows,  giving  description],  and  respect' 
ing  damages  claimed  by  A.  B.  from  Y.  Z.,  for  trespasses  alleged  to  have 
been  committed  by  him  and  his  servants  thereon.  Now,  therefore,  [etc.^ 
as  in  Form  220]. 

(g)  This  is  broad   enough   to   include  discretion  of  the  arbitrators  to  open  old 

claims  for  torts.     Owen  v.  Boerum,   23  stated    accounts.      Emmet    v.    Hoyt,   17 

Barb.,\?,l.  Wend.,  41 0. 

(h)  Without  some  such  qualification  as  (i)  This  form   is  supported  by  Cox  «. 

this  in  respect  of  time,  it  will  be  in  the  Jagger,  2  Cow.,  689. 


100  ABBOTTS'  FORMS. 


Arbitration  Bonds. 


226.  Special  Submission; — Concerning  Boundaries. 

WnERBAS  a  controversy  exists  between  us,  A.  B.  and  Y.  Z.,  both  of  , 
concerning  the  boundary  and  division  lines  of  certain  tracts  of  the  parties 
hereto,  situate  in  the  town  of  M.  and  county  of  N.  Now,  thkkefore,  [etc., 
as  in  Form  220]. 

227.  Arbitration  Bond.(j) 

Know  all  men  by  these  presents:  That  I,  A.  B.,  of  the  town  of  ,  in 

the  county  of  ,  am  held  and  firmly  bound  unto  Y.  Z.,  of  the  town  of 

,  in  the  county  of  ,  in  the  sum  of  dollars,  lawful  money 

of  the  United  States,  to  be  paid  to  the  said  Y.  Z.,  or  to  his  executors,  ad- 
ministrators, or  assigns ;  for  which  payment,  to  be  well  and  truly  made,  I 
bind  myself  my  heirs,  executors,  and  administrators,  firmly  by  these  pres- 
ents. 

Sealed  with  my  seal ;  dated  the        day  of  ,18 

The  condition  of  this  obligation  is  such :  That  if  the  above  bounden 
A.  B.,  his  heirs,  executors,  and  administrators,  shall  well  and  truly  submit 
to  the  decision  and  award  of  [here  name  arbitrators']  named,  selected,  and 
chosen  arbitrators  as  well  by  and  on  the  part  and  behalf  of  the  said  A.  B. 
as  of  the  said  Y.  Z.,  to  arbitrate,  award,  order,  judge,  and  determine,  of  and 
concerning(i)  all  and  all  manner  of  actions,  cause  and  causes  of  actions, 
suits,  controversies,  claims,  and  demands  whatsoever,  now  depending,  exist- 
ing, or  held,  by  and  between  the  said  A.  B.  and  the  said  Y.  Z.  [here  insert, 
if  desired,  with  power  to  award  the  payment  of  the  costs  [and  expenses] 
incurred  in  such  arbitration] ;  so  that  the  said  award  be  made  in  wri- 
ting, under  the  hands  of  the  said  [here  name  arbitrators],  or  any  two  of 
them,  and  ready  to  be  delivered  to  the  said  parties,  or  such  of  them  as 
shall  desire  the  same,  on  or  before  the        day  of  18      ;  *  then  this 

obligation  to  be  void,  otherwise  to  remain  in  full  force. 

In  presence  of^  A.  B.  [Seal.] 

[  Witness''s  signature.] 

228.  The  Same,  Where  Appointment  of  an  Umpire  is  Contemplated. 

[As  in  preceding  form,  inserting  the  following  at  the  *  before  the  words 
"  then  this  obligation,"  at  the  end.] 

And  if  the  said  arbitrators  shall  not  make  such  their  award,  of  and  con- 
cerning the  premises,  within  the  time  limited  as  aforesaid,  then  if  the  said 
A.  B.,  his  heirs,  executors,  and  administrators,  and  every  of  them,  for  his 
and  their  part  and  behalf,  do  and  shall  well  and  truly  perform  and  keep 
the  award  and  umpirage  of  R.  S.  (being  a  person  indifferently  chosen 
between  the  said  parties  for  umpire),  in  and  concerning  the  premises,  so  as 

(j)  Where  the  agreement  ia  by  bond  in  (k)  Or  if  the  submission  be  limited, 

this  form,  each  party  gives  a  bond  to  the  omit  the  next  three   lines,  and  instead, 

other,  the  obligor  in  the  one  being  the  state  the  matter  submitted,  as  in  Forms 

obligee  in  the  other.  219-226. 


ARBITKATION  AND  AWARD.  101 

Submission.  Notice  of  Appointment. 

the  said  umpire  do  make  and  set  down  his  award  and  umpirage  in  writing 
under  his  hand  and  seal,  ready  to  be  delivered  to  the  said  parties  in  differ- 
ence, on  or  before  the        day  of  ,  then,  [etc.] 

229.  Agreement  or  Bond,  Where  the  Arbitrators  are  to  ie  Sworn. 

[As  in  Forms  216,  217,  218,  or  227,  inserting  at  the  end  the  follow- 
ing:] But  before  proceeding  to  take  any  testimony  therein,  the  said  ar- 
bitrators shall  be  sworn  "faithfully  and  fairly  to  hear  and  examine  the  said 
matters  in  controversy,  and  to  make  a  just  award  according  to  the  best  of 
their  understanding." 

230.  Submission  Without  Discontinuing  a  Pending  Suit.{l) 

[Insert  in  either  form  of  agreement  or  bond  the  following :]  But  it  is 
hereby  agreed  that  this  submission  shall  not  operate  as  a  discontinuance  of 
a  suit  now  pending,  to  which  the  said  A.  B.  and  Y.  Z.  are  parties,  without 
an  award  made  pursuant  to  the  terms  hereof;  and  that  its  effect  as  to  such 
suit  shall  be  merely  to  stay  proceedings  until  such  discontinuance,  or  until 
the  submission  shall  become  inoperative  or  be  revoked. 

231.  Notice  to  the  Arbitrators  of  their  Appointment.(m) 

Gentlemen — You  are  hereby  notified  that  you  have  been  chosen  arbitrators 
on  tlie  part  and  behalf  of  each  of  the  undersigned,  to  abritrate,  award,  ad- 
judge, and  determine  as  to  certain  matters  of  difference  specified  in  the 
submission  of  the  undersigned,  which  will  be  produced  before  you  [or,  to 
determine  a  controversy  existing  between  us  concerning,  here  stating  the 
matter  as  in  the  agreement  or  bond],  and  to  make  your  award  on  or  before 
the        day  of  ;  and  you  are  requested  to  meet  the  undersigned  at 

the  house  of  J.  K.,  in  the  town  of  aforesaid,  on  the  day  of,  etc., 

at        o'clock  in  the  noon  of  that  day,  for  the  purpose  of  fixing  upon  a 

time  and  place  for  hearing  the  proofs  and  allegations  of  the  said  parties. 

[Date.]  Yours,  etc.,  A.  B. 

To  M.  N.,  O.  P.,  and  Q.  E.  Y.  Z. 

232.  Notice  of  Hearing,  for  Adverse  Party. (n) 

Sir — Please  take  notice,  that  a  hearing  in  the  matter  of  the  arbitration 
concerning  certain  differences  between  A.  B.  and  Y.  Z.,  will  be  had  before 
the  arbitrators,  at  the  oflBce  of  M.  N.,  No.        ,  street,  in  the  city  of 

,  at        o'clock  in  the  noon. 

[Date.]  [Signature.] 

[Addressi] 

{I)  This  form  is  sustained  by  Buel  v.  (l)  The  arbitrators  cannot  proceed  ex 

Dewey,  22  How.  Fr.,  342.  parte.     Ehnendorf  v.  Harris,  23  Wend., 

(m)  Written  notice  is  not  important,  628 ;  Jordan  v.  Hyatt,  3  £arb.,  275.    But 

but  this  form  is  the  most  convenient  way  written  notice  is  not  essential, 
of  proceeding  in  most  cases. 


102  ABBOTTS  FORMS. 


Arbitration. 


lArbitrat&rs'  oath,  if  required  by  the  agreement  or  bond,  mil  be  as  in  Form 
Ko.  255.] 

233.  Oath  of  Witnes8.(p) 

You  do  swear  that  the  evidence  you  shall  give  to  the  arbitrators  here 
present,  in  a  certain  issue  joined  [or,  on  certain  matters  of  difiference]  be- 
tween A.  B.  and  Y.  Z.,  shall  be  the  truth,  the  whole  truth,  and  nothing 
but  the  truth ;  so  help  you  God. 

234.  Agreement  to  Extend  the  Time  for  MaMng  an  Award. 

It  is  hereby  mutually  agreed  between  the  parties  to  the  within  [or,  an- 
nexed] submission,  that  the  time  for  making  ready  the  award  be  and  hereby 
is  extended  to  the        day  of  ,  18    . 

Dated  this        day  of  ,  18    .  [Signatures.](j)) 

235.  Revocation  of  Arbitratom'' Powers. 

Gentlemen — Please  take  notice,  that  I  hereby  revoke  your  powers  as 
arbitrators  under  the  submission  made  to  you  by  Y.  Z.  and  myself  [in  wri- 
ting, and  dated]  on  the        day  of  ,18    . 

[Bate.]  Yours,  etc.,  [Signature  and  seal.](q) 

To  M.  N.,  0.  P.,  and  Q.  E., 
arbitrators,  etc. 

236.  Notice  of  Revocation  to  Adverse  Party. 

Sib — Please  take  notice,  that  I  have  this  day  revoked  the  powers  of 
M.  N.,  0.  P.,  and  Q.  R.,  arbitrators  chosen  to  settle  the  matters  in  contro- 
versy between  us,  by  an  instrument  of  which  the  following  is  a  copy. 

Yours,  etc.,  [Signature."] 

[Annex  copy  of  Revocation,  No.  335.] 

237.  Appointment  of  Umpire,  After  Disagreement  of  Arbitrators. 

To  ALL  to  whom  these  presents  shall  come,  we,  M.  N".,  0.  P.,  and  Q.  E., 
of  ,  send  greeting : 

Whebeas,  by  an  agreement  [or,  bonds],  bearing  date  the  day  of  , 
18  ,  differences  wei'e  referred  by  A.  B.  and  Y.  Z.  to  our  consideration, 
to  hear,  determine,  and  award  upon  the  same,  *  and  we  are  not  able  to  de- 
termine such  differences ;  we  have,  therefore,  selected  and  made  choice  of, 
and  by  these  presents  do  appoint,  S.  T.,  of  ,  for  umpire,  to  arbitrate, 

(o)  The  arbitrators  cannot  administer  {p)  Seals  are  not  necessary.    Bloomer 

the  oath,  unless  the  submission  is  under  «.  Sherman,  5  Paige,  bib. 

the  statute,  as  in  Forms  254-264.    In  other  {q)  The  seal  is  necessary  if  the  submis- 

cases,  the  oath  must  be  administered  by  sion   was  under  seal.     Van   Antwerp  v. 

a   magistrate.      People  v.   Townsend,  5  Stewart,  8  Johns.,  125.     Otherwite,  it  is 

How.  Pr.,  815  ;  Matter  of  Wells,  \  N.  Y.  not  essential. 
Leg.  Ohs.,  189. 


AKBITRATION  AND  AWAED.  103 

Choice  of  Umpire.  Awards. 

award,  order,  judge,  and  determine  the  said  differences  between  the  said 
A.  B.  and  Y.  Z.,  pursuant  to  said  agreement  [or,  bonds]. 
WiTXESS  our  hands,  this        day  of  ,  18    .(r)  [Signatures.] 

238.  7%e  Same,  Before  the  Hearing.{8) 

[As  in  preceding  form  to  the  *,  continuing  thu^(\  We,  therefore,  have  se- 
lected and  made  choice  of,  and  by  these  presents  do  appoint,  S.  T.,  of  , 
for  umpire,  to  arbitrate,  award,  order,  judge,  and  determine  the  said  differ- 
ences between  the  said  A.  B  and  Y.  Z..  pursuant  to  said  agreement  [or, 
bonds],  in  case  we  do  not  agree  upon  and  make  an  award  on  or  before  the 
day  of           ,  18     . 

Witness  our  hands,  this        day  of  ,  18    .(r)  [Signatures.] 

239.  Award  ly  One  or  More  ArMtrators. 

Whebeas  matters  in  controversy  between  A.  B.  and  Y.  Z.,  of  , 

were  by  them  submitted  to  the  undersigned  M.  N.,  as  arbitrator  [or,  M.  N., 
O.  P.,  and  Q.  E.,  as  arbitrators],  as  by  their  submission  in  writing  [or,  by 
the  condition  of  their  respective  bonds  of  submission,  executed  by  the  said 
parties  respectively,  each  to  the  other],  and  bearing  date  the  day  of 
,18  ,  more  fully  appears.  Now,  theeefoee,  we,  the  arbitrators 
mentioned  in  the  said  submission  [or,  bonds],  *  having  [been  first  duly 
sworn  according  to  law,  and  having]  heard  the  proofs  and  allegations  of  the 
parties  [or,  of  A.  B.,  the  said  Y.  Z.  not  appearing  after  due  notice  to  him], 
and  having  examined  the  matters  in  controversy  by  them  submitted,  do 
make  this  award  in  writing  [or,  in  writing  and  under  seal] — that  is  to  say,t 
[Here  state  the  things  awarded  to  be  done — see  following  forms.] 

In  wrrNESs  whebeof,  I  [or,  we]  have  subscribed  these  presents,  this 
day  of  ,  one  thousand  eight  hundred  and 

In  the  presence  of  [SigTiatures,  and  seals  also,  if  required 

[Witnesses  signature.]  by  the  submission.] 

240.  Award  by  Umpire. 

Whereas  matters  in  controversy  between  A.  B.  and  Y.  Z.  were  by  them 
submitted  to  M.  N.,  O.  P.,  and  Q.  R.,  as  arbitrators,  as  by  their  submission 
in  writing  [or,  by  the  condition  of  their  respective  bonds  of  submission  ex- 
ecuted by  the  parties  to  each  other],  bearing  date  the  day  of  , 
more  fully  appears,  whereby  it  was  provided  that  in  case  said  arbitrators 
should  not  make  their  award  on  or  before  the  day  of  >  18  ,  the 
said  questions  should  be  and  were  submitted  to  the  decision  of  such  third 
person  as  should  be  then,  or  should  theretofore,  have  been  appointed  [in  wri- 
ting, oj\  in  writing  and  under  seal]  by  said  arbitrators  to  act  in  such  case  as 
umpire,  the  award  by  such  umpire  to  be  made  and  ready  to  be  deUvered  on 

(r)  If  the  proceeding  is  under  the  stat-    an  affidavit  made  by  him,  like  Form  No. 
ute,  this  should  be  attested  by  a  subscrib-     258. 
ing  witness,  so  that  it  may  be  proved  by        («)  See  note  (j). 


104  ABBOTTS'  FORMS. 


Awards. 


or  before  the        day  of  ,  18     .    And  whereas  the  said  M.  N.,  O.  P., 

and  Q.  R.  met  upon  the  said  arbitration,  and  did  not  make  their  award  be- 
tween the  said  parties  by  the  time  limited  in  and  by  said  submission  [or,  by 
the  condition  of  the  said  bonds],  and,  in  pursuance  of  the  said  submission 
[or,  bonds],  have  chosen  me  as  umpire  [by  appointment  in  writing,  hereto 
annexed],  to  settle  and  determine  the  matters  in  difference  between  the 
said  parties.  Now,  therefork,  I,  the  said  umpire,  having  been  first  duly 
sworn  according  to  law,  and  having  heard  the  proofs  and  allegations  of  the 
parties  [01;  of  A.  B.,  the  said  Y.  Z.  not  appearing  after  due  notice  to  him], 
and  having  examined  the  matters  in  controversy  by  them  submitted  therein, 
do  therefore  make  this  award  in  writing  [or,  in  writing  and  under  seal] — 
that  is  to  say,  t  [ffere  state  the  things  awarded  to  be  done — see  following 
forms.'] 

In  witness  whereof,  I  have  subscribed  these  presents,  this        day  of 
,18     .  [Signature,  and  seal  also,  if  required 

In  the  presence  of  hy  the  submission.] 

[Witnesses  signature.] 

241.  Award  for  Payment  of  Money  in  Full. 

[As  in  Form  239  or  240,  inserting  at  the  t  the  following:]  The  said  Y.  Z. 
shall  pay,  or  cause  to  be  paid,  to  the  said  A.  B.  the  sum  of  dollars, 

at  ,  within  days  from  the  date  hereof,  in  full  payment,  dis- 

charge, and  satisfaction  of  and  for  all  moneys,  debts,  and  demands  and 
claims  whatever  [referred  to  in  the  submission]  due  or  owing  from  him  the 
said  Y.  Z.  to  the  said  A.  B.  at  any  time  before  the  date  of  said  submission,  t 

242.  Award  for  Damages  for  Breach  of  Warranty, 

[As  in  Form  239  or  240 ,  inserting  at  the  t :]  That  the  said  A.  B.  did  sell 
to  the  said  Y.  Z.  a  certain  horse  on  the  day  of  last,  warranting 

him  to  be  sound  in  every  respect,  for  the  price  of  one  hundred  and  fifty 
dollars.  The  said  horse  is,  and  was  at  the  time  of  such  sale,  unsound,  and 
worth  only  the  sum  of  forty  dollars;  and  the  said  A.  B.  should  pay  to  the 
said  Y.  Z.  one  hundred  and  ten  dollars  for  the  diflference  in  price,  and  thirty 
doDars  for  the  expenses  of  keeping  him,  besides  the  costs  of  this  arbitration. 

243.  Award  for  Delivery  of  Goods. 

[As  in  Form  239  or  240,  inserting :]  That  the  said  Y.  Z.  shall  freely  de- 
liver up  to  the  said  A.  B.,  on  request  by  him  to  be  made,  one  trundle-bed, 
and  three  pair  of  sheets  thereto  belonging,  one  mahogany  table,  one  dozen 
chairs,  and  one  silver  tea-set,  all  of  which  were  the  goods  of  the  late  M.  N., 
deceased. 

244,  Award  for  Delivery  of  Writings. 

[As  in  Form  239  or  240,  inserting :]  That  the  said  A.  B.  shall  freely  de- 
liver up  to  the  said  Y.  Z.,  on  or  before  the  day  of  next  ensuing  the 
date  hereof,  at  his  dwelling-house  in  aforesaid,  all  leases,  deeds,  and  wri- 
tings whatsoever  concerning  the  estate  of  the  said  Y.  Z.  now  in  the  hands 


AEBITRATION  AND  AWAED.  105 

Awards. 

and  possession  of  the  said  A.  B.,  or  of  any  other  person  in  ti'ust  for  him, 
especially  the  leases  of  the  dwelling-house  [etc.,  describing  the  partioulwr 
papers]. 

245.  Award  for  Delivering  up  Writings  to  he  Cancelled. 

[As  in  Form  239  or  240,  inserting :]  That  the  said  A.  B.  shall  deliver  up 
unto  the  said  Y.  Z.  a  certain  indenture  of  mortgage  made  by  to  , 

and  dated  on  the        day  of  >  18    ,  cancelled  or  to  be  cancelled, 

246.  Award  for  Giving  a  Bond  for  Payment  of  Money. 

[As  in  Form  239  or  240,  inserting  .•]  That  the  said  A.  B.,  within  days 
after  notice  of  this  award,  shall  well  and  sufficiently  make,  seal,  and  deliver 
to  the  said  Y.  Z.  a  bond  or  obligation  in  the  penal  sum  of  dollars,  con- 

ditioned for  the  payment  of  dollars  to  the  said  Y.  Z.,  his  executors, 

administrators,  and  assigns,  on  or  before  the        day  of  »  18    ,  with 

interest  at        per  cent,  per  annum,  payable  semiannually  from  this  date. 

247.  Award  for  Assignment  of  a  Mortgage. 

[As  in  Form  239  or  240,  inserting  .•]  The  said  Y.  Z.  shall  make,  execute, 
and  deliver  to  the  said  A.  B.,  on  or  before  the  day  of  instant,  a  good 
and  sufficient  assignment  of  a  certain  bond  and  mortgage,  executed  by  one 
I.  J.  to  said  Y.  Z.,  etc. ;  and  tlie  said  A.  B.  shall  pay,  or  cause  to  be  paid, 
to  the  said  Y.  Z.,  the  sum  of  dollars,  immediately  upon  the  execution 

and  delivery  of  the  said  assignment. 

248.  Award  for  Specific  Performance  of  Agreement  to  Assign  a  Lease. 

\As  in  Form  239  or  240,  inserting:]  That  the  said  A.  B.,  or  his  heirs,  shall 
and  do,  on  or  before  the        day  of  next  ensuing  the  date  hereof,  make 

and  execute  to  said  Y.  Z.  a  good  and  sufficient  conveyance  of  his  interest 
as  lessee  for  years  of  a  certain  farm  in  the  possession  of  the  said  A.  B., 
situate  at  ,  according  to  the  true  intent  and  meaning  of  certaiu 

articles  of  agreement,  bearing  date  on  or  about  tlie  day  of  , 

and  made  between  the  said  A.  B.  of  the  one  part,  and  the  said  Y.  Z.  of  the 
other  part,  or  as  near  the  same  as  the  present  circumstances  will  admit, 

249.  Award  for  Specific  Performance  of  Contract  to  Convey  Land. 

[As  in  Form  239  or  240,  inserting :]     That  A.  B.  shall,  on  or  before  the 
day  of  next,  by  such  deed  or  deeds  as  the  said  named  Y.  Z.,  his 

heirs  or  assigns,  or  his  or  their  counsel  shall  advise,  well  and  sufficiently, 
grant,  convey,  and  assure  unto  the  said  Y.  Z.,  his  heirs  and  assigns,  for- 
ever, a  certain  piece  of  ground,  situated  in  ,  and  known  and  de« 
scribed  as  follows  [describing  it].  And  that  upon  the  execution  of  the  said 
conveyance,  the  said  Y.  Z.  shall  pay,  or  cause  to  be  paid,  unto  the  said  A.  B. 
the  sum  of  dollars,  and  shall  also  give  security  by  bond  and  a  mortgage 
of  the  premises  (if  required)  for  the  payment  of  the  sum  of  dollars, 
in  manner  following — to  wit,  etc. 


106  ABBOTTS'  FORMS. 


Awards. 


250.  Provision  for  the  Discontinuance  of  All  Suits. 

[Insert  in  previous  forms .]  And  we  do  further  award,  that  all  actions  and 
suits  commenced,  brought,  or  depending  between  the  said  A.  B.  and  Y.  Z., 
for  any  matter,  cause,  or  thing  whatsoever,  arising  or  happening  at  the 
time  of,  or  before  their  entering  into  the  said  submission  [or,  bonds  of  ar- 
bitration], shall,  from  henceforth,  cease  and  determine,  and  be  no  further 
prosecuted  or  proceeded  in  by  them,  or  either  of  them,  or  Ly  their,  or  either 
of  their  means,  consent,  or  procurement. 

251.  For  Discontinuance  of  Suit,  with  Costs. 

[Insert  in  preceding  forms :]  And  we  do  further  award,  that  the  said 
Y.  Z.  shall  forthwith  cease  to  prosecute,  and  shall  discontinue  a  certain  suit 
commenced  by  him,  against  the  said  A.  H.,  in  the  Court  of  county, 
now  pending  and  undetermined  in  said  court ;  and  the  said  A.  B.  shall  pay, 
or  cause  to  be  paid,  to  the  said  Y.  Z.,  on  or  before  the        day  of  ,  the 

sum  of  dollars,  in  full  satisfaction  of  the  costs,  charges,  and  expenses 

incurred  by  the  said  Y.  Z.,  in  and  about  the  prosecution  of  his  suit  as 
aforesaid. 

262.  For  General  Releases. 
[Insert  in  either  of  preceding  forms ;]  And  we  do  further  award  that  the 
said  A.  B.  and  Y.  Z.  shall,  within  days  next  ensuing  the  date  hereof, 
execute  unto  each  other,  under  seal,  mutual  and  general  releases  of  all  ac- 
tions, cause  and  causes  of  action,  suits,  controversies,  claims,  and  demands 
whatsoever,  for  or  by  reason  of  any  matter,  cause,  or  thing,  from  the  be- 
ginning of  the  world  down  to  the  date  of  the  sdd  submission  [or,  said 
bonds]. 

253.  For  Costs  of  the  Arhitration. 

[Insert  in  preceding  form^  .-^  And  we  do  further  award,  that  the  sum  of 
dollars,  being  the  expenses  and  charges  incident  to  this  arbitration, 
shall  be  paid  by  the  said  A.  B.  [or,  by  them,  the  said  A.  B.  and  Y.  Z.,  in 
equal  shares]. 

n.  Abbitbation  Undbb  the  Statdtb. 

254.  Submission. 

[The  submission  will  be  by  bond  or  agreement,  in  the  form  of  Ifo.  216, 
•217,  218,  227,  or  228,  with  the  addition  of  the  following  clause  at  the  end^ 
before  the  attestations.](u)  And  it  is  hereby  agreed  that  judgment  in  the 
Supreme  Court  of  the  State  of  [or,  County  Court  of  county, 

(«)  In  nn  arbitration  under  the  statute,  that  the  submission  be  acknowledged,  the 

it  is  usstiilial  tiiat  the  bond  or  agreement  certificate  may  be  framed  by  consulting 

of  submission  have  a  subscribing  witness,  the   fonns  given   in   the  chapter  of  Ao- 

Iii  tiiose  States  where  it  is  required  knowledoment  and  Proof  of  Deeds. 


AEBITRATION  AND  AWARD.  107 

Statutory  Arbitration. 

or  Tihme  any  other  court  of  record]  shall  be  rendered  upon  the  award  to  be 
made  as  aforesaid,  to  the  end  that  all  matters  in  controversy  between  the 
said  parties  \oi\  the  above-mentioned  matter  in  controversy]  may  be  finally 
concluded. 

[Notice  of  Appointment  or  of  Hearing,  as  in  Form  231  or  232.] 

255.  Oath  of  Arbitrators. 

We,  the  undersigned,  arbitrators,  appointed  by  and  between  A.  B.  and 
Y.  Z.,  do  swear  that  we,  respectively,  will  faithfully  and  fairly  hear  and 
examine  the  matters  in  controversy  between  the  parties  above  named,  and 
make  a  just  award  thereon,  according  to  the  best  of  our  understanding. 

Sworn  before  me,  this        day  of  ,  18    .  \Signatures.'\ 

[Signature  of  officer.]{v) 

256.  Oath  of  an  Applicant  to  a  Justice  of  the  Peace  for  a  Subpoena. 

You  do  swear  that  you  will  make  true  answers  to  such  questions  as  I 
shall  put  to  you,  touching  the  necessity  and  propriety  of  my  issuing  a  sub- 
poena upon  your  present  application  therefor. 

257.  Subpoena  to  Appear  Before  Arbitrators. 

The  People  of  the  State  of  New  York,  to  H.  I,  and  J.  K.,  Greeting : 

You  are  commanded  to  be  and  appear  before  M.  N,,  O.  P.,  and  Q.  R,,  or 
any  two  or  more  of  them,  arbitrators  chosen  to  determine  a  controversy 
between  A.  B.  and  Y.  Z.,  at  the  office  of  M.  N.,  in  the  village  of  ,  on 

the        day  of  ,18      ,  at         o'clock  in  the         noon,  then  and  there 

to  testify  and  give  evidence  in  relation  to  said  controversy  before  said  arbi- 
trators, on  the  part  of  said  ;  and  hereof  fail  not  at  your  periL 
Given  under  my  hand,  this        day  of  ,  18    . 

S.  J.,  Justice  of  the  peace. 

[Oath  of  Witness,  as  in  Form  233.] 

[Agreement  to  Extend  Tim^for  Awa/rd,  as  in  Form  234] 

[Awards,  as  in  Forms  239  to  253.] 

258.  Affidavit  to  the  Submission^  by  t?i€  Subscribing  Witness. 
County  of  ,  ss. 

J.  K.,  of  ,  being  duly  sworn,  says  that  he  knows(w))  [name  the  obligor 

in  the  bond,  or  the  subscribers  of  the  agreement,  as  the  case  may  be]  who 

(v)  Administered,  under  the  New  York  contents  of  a  certificate  of  proof  by  wit 

itatute,  by  any  judge  of  a  court  of  record,  ness,  it  was  held  not  necessary  that  the 

nstice  of  the  peace,  or  commissioner  of  certificate  state  that  the  officer  knew  the 

deeds.     Laws  of  1843,  chap.  187.  witness,  nor  that  the  witnesa  knew  the 

(m»)  Under  a  statute  which,  like  that  re-  party  subscribing.      Jackson  v.  Philips, 

lating  to  arbitration,  did  not  prescribe  the  9  Cow.,  94. 


108  ABBOTTS'  FORMS. 


Statutory  Arbitration. 


executed  the  annexed  instrument,  and  that  he  was  present  and  saw  said 
A.  B.  [and  Y.  Z.]  [or  say,  and  that  said  A.  B.  and  Y.  Z.  did,  at  the  time  of 
execution,  acknowledge  to  him  that  they  did]  sign,  seal,  and  deliver  the 
same  as  his  [or,  their]  free  act  and  deed,  for  the  purposes  therein  men- 
tioned ;(a;)  and  that  the  name  A.  B.  [and  the  name  Y.  Z.],  suhscribcd  to  the 
said  bond  [or,  agreement]  is  [each]  the  proper  and  genuine  signature  of  the 
said  A.  B.  [and  Y.  Z.  respectively] ;  and  that  this  deponent  set  his  name  as 
a  subscribing  witness  to  the  same,  at  the  time  of  its  execution  and  delivery 
by  the  said  A.  B.  [and  Y.  Z.]  as  aforesaid.  [Signature  of  deponent.] 

Sworn  before  me,  this        day  of  ,  18    . 

[Signature  of  officer.] 

259.  Affidavit  to  the  Award,  by  the  Subscribing  Witness. 
County  of  ,  ss. 

J.  K.,  of  ,  being  duly  sworn,  says:  That  he  knows  [name  the  arbi- 

trators], who  made  the  annexed  award,  and  that  he  was  present  and  saw 
said  [arbitrators]  sign,  publish,  and  declare  [or  say,  and  that  said  arbitra- 
tors did  acknowledge  to  him  that  they  did  sign,  publish,  and  declare]  the 
same  as  their  final  award  and  arbitration  in  writing,  between  A.  B.,  of 
,  and  Y.  Z.,  of  ,  on  the         day  of  ,  18     ;  and  that  the 

names,  M.  K,  0.  P.,  and  Q.  R.,  subscribed  to  the  said  award,  are  the 
proper  and  genuine  signatures  of  the  said  M.  N.,  0.  P.,  and  Q.  R. ;  and  that 
this  deponent  set  his  name  as  a  subscribing  witness  to  the  said  award,  at 
the  time  of  its  execution  and  publication  as  aforesaid. 

Sworn  [etc.,  as  in  Form  258.]  [Signature  of  deponent.] 

260.  TTie  Sam^,  by  the  Arbitrators. 
County  of  ,  ss. 

M.  N.,  O.  P.,  and  Q.  R.,  the  arbitrators  described  in  the  within  [or,  an- 
nexed] award,  being  duly  severally  sworn,  say  that  on  the        day  of  , 
18     ,  they,  as  such  arbitrators,  signed,  published,  and  declared  the  said 
award,  as  their  final  award  and  arbitration  in  writing,  between  A.  B.,  of 
,  and  Y.  Z.,  of           .                             [Signatures  of  arbitrators.] 
Sworn  [efc,  as  in  Form  258.] 

261.  Proof  of  Service  of  Award. 

OOTJNTY  OF  ,  ss. 

S.  T.,  of  ,  being  duly  sworn,  says  that  on  the        day  of         ,  18    , 

at  ,  in  the  town  of  ,  he  served  the  within  award  [or,  the  award 

of  w^hich  the  within  is  a  counterpart],  upon  A.  B.  and  Y.  Z.,  by  delivering 
t^  and  leaving  with  them  [a  true  copy  of]  said  original  award. 

[Signature  of  deponent.] 

Sworn  [etc.,  as  in  Form  258.] 

(x)  An  acknowledgment  made  a  long    ficient  in  HoUenbach  v.  Fleming,  6  WM, 
time  after  the  transaction,  was  held  insuf-    803. 


AEBITRATION  AND  AWARD.  109 

Statutory  Arbitrfition, 

262.  Notice  of  Application  for  Judgment, 
Court. 


In  the  matter  of  the  arbitration  be- 
tween A.  B.  and  Y.  Z. 


Please  take  notice,  that  the  undersigned  -will  apply  to  the  court  [at  a 
special  term  to  be  held]  at  the  City -hall  in  the  city  of  ,  on  the        day 

of  ,  18     ,  at     o'clock  in  the        noon,  or  as  soon  thereafter  as  coun- 

sel can  be  heard,  for  an  order  confirming  the  award  heretofore  made  in  this 
matter,  and  for  judgment  thereon,  with  costs.  [Signature.l 

[Date.] 

[Address^ 

263.  Order  Confirming  Award. 

At  a  special  term  held  on  the 
[Title  as  in  preceding  form.]  day  of  ,  18     ,  at 

Present  Hon.  M.  iN".,  Justice. 

On  reading  and  filing  notice  of  motion  and  proof  of  due  service  thereof, 
and  the  annexed  submission  and  proof  of  the  execution  thereof  by  the  affi- 
davit of  O.  P.,  dated  the  day  of  ,  18  ,  and  the  annexed  award 
pursuant  thereto,  and  proof  of  the  execution  thereof  by  the  affidavit  of 
Q.  R.,  dated  the  day  of  »  18  ,  and  after  hearing  Q.  H.  for  the 
said  A.  B.,  and  I.  J.  [or,  and  no  one  appearing]  for  the  said  Y.  Z.  Okdeked, 
that  the  said  award  be  and  hereby  is  confirmed,  and  judgment  directed 
thereon  according  to  the  statute,  with  costs  to  be  taxed  [or  insert  any 
special  directions  given  as  to  costs.]  Enter, 

[Signature  of  Justice.] 

264.  Judgment  on  Award. 
[Title  as  in  preceding  form.] 

Certain  matters  in  controversy  between  A.  B.  and  Y.  Z.  having  been 
by  them  submitted  to  M.  N.  as  arbitrator,  as  by  their  submission  in  writing 
[or,  by  the  condition  of  their  respective  bonds  of  submission  executed  by 
the  parties  to  each  other  respectively],  and  bearing  date  the       day  of  ^ 

18  ,  and  hereto  annexed,  more  fully  appears;  and  the  said  arbitratoi 
having  been  first  duly  sworn  according  to  law,  and  having  heard  the  proofs 
and  allegations  of  the  parties  respectively  [or,  of  said  A.  B.,  the  said  Y.  Z. 
not  appearing  after  due  notice  to  him  given,  as  appears  by  the  affidavit 
of  ,  dated  the        day  of  ,  and  annexed  hereto] ;   and  the  said 

arbitrator  having  duly  made,  published,  and  declared  his  award  in  writing 
[and  under  seal],  which  is  hereunto  annexed,  and  no  proceedings  to  modify 
said  award  having  been  taken  [or  if  any  have  been  had,  recite  them],  and  the 
court  having,  by  order  duly  made,  and  dated  on  the        day  of  ,  con- 

firmed said  award,  and  authorized  judgment  to  be  entered  thereon  with 
costs  [here  state  special  direction  as  to  costs,  if  any]. 


110  ABBOTTS'  FOKMS. 


Arrears  of  Pay  and  Bounty — Army  and  Navy. 


Now,  THEEEFORE,  it  is  adjudged  [etc.,  proceeding  as  in  other  cases  of 
judgments  in  cicil  actions^  according  to  the  relitf  awa/rded.  See  Fobms  of 
Peaotioe,  VoL  n.] 


CHAPTEE  Yin. 

AKEEAES  OF  PAY  AND  BOUSTTY. 

Arrears  of  pay,  due  an  oflScer  or  a  soldier  at  the  time  of  his  decease,  are 
payable  to  the  following  persons,  in  the  order  named :  1.  (If  the  deceased  was 
married)  to  his  widow.  2.  (If  no  widow  survives)  to  his  child  or  children, 
(through  their  guardian,  if  minors).  3.  (If  he  died  unmarried)  to  the  i'atlier. 
4.  (If  the  father  is  dead)  to  the  mother.  5.  (If  both  parents  are  dead)  to  the 
brothers  and  sisters  jointly.     Lastly,  To  the  heirs  generally. 

The  bounty  o/$100  is  payable  to  the  relatives  of  a  deceased  soldier  in  the 
following  order — viz.,  1.  To  the  widow  (if  there  be  one).  2.  To  the  children 
(if  any),  share  and  share  alike.  3.  To  the  father  (provided  he  has  not  aban- 
doned the  support  of  his  family).  4.  To  the  mother,  if  the  father  be  dead,  or 
has  abandoned  the  support  of  his  family.     5.  To  the  brothers  and  sisters. 

The  father,  mother,  and  brothers  and  sisters  must  be  residents  of  the  United 
States,  in  order  to  receive  the  bounty. 

The  above  is  payable  to  the  relatives  of  all  volunteers  in  the  war  of  the  re- 
bellion, and  to  the  relatives  of  all  who  enlisted  in  the  regular  service  since 
July  1,  1861,  or  who  enlisted  during  the  year  1862. 

Widows  of  commissioned  olBcers,  and  of  soldiers  dying  after  being  dis- 
chairged,  are  not  entitled  to  bounty,  nor  are  the  vridows  of  deceased  three 
months'  volunteers. 

No  money  can  be  paid  to  the  heirs  of  a  deceased  soldier  who  have  in  any 
manner  aided  or  abetted  the  existing  rebellion. 

Soldiers  discharged  on  accoimt  of  wounds  received  in  battle  are  entitled  to  the 
bounty  of  $100.  No  other  soldier  is  entitled  unless  he  has  served  for  a  period 
of  two  years,  or  during  the  war,  if  sooner  ended. 

The  application  and  deposition  required  must  be  subscribed  and  sworn  to 
before  a  judge,  commissioner,  notary  public,  or  justice  of  the  peace,  duly 
authorized  to  administer  oaths,  accompanied  by  the  certificate  and  seal  of  a 
court  of  record  as  to  the  fact  of  the  said  judge,  etc.,  being  duly  commissioned, 
and  acting  in  his  official  capacity  at  the  time  of  the  execution  of  the  foregoing 
papers.  The  taking  out  of  "  letters  of  administration"  is  unnecessary,  except 
in  such  cases  as  it  may  be  required  by  the  accounting  officers.  All  claims 
for  arrears  of  pay  and  bounty  may  be  sent  directly  to  the  office  of  the  Second 
Auditor  of  the  Treasury  Department,  Washington. 

Letters  of  inquiry  in  relation  to  a  claim  should  specify  the  name  of  the  de- 
ceased, and  the  company,  regiment,  and  State  to  which  he  belonged  ;  and  in  all 
cases,  to  secure  an  answer,  the  name,  post-office,  and  State  of  the  writer  should 
be  distinctly  written. 

PAOB 

265.  Invalid's  application  for  arrears  of  pay  and  bounty Ill 

266.  Widow's  application  for  the  same HI 

267.  Children's  application  112 

268.  Father's  application 113 

269.  Mother's  application 113 

270.  Brothers'  and  sisters'  application , 114 


ARREAKS  OF  PAY  AND  BOUNTY.         Ill 

Application  by  Invalid  :  By  Widow 

265.  Invalid^s  Application  for  Arrears  of  Pay  and  Bounty. 
State  op    [designating  where  the  ap-  \ 

County  of     plication  is  sworn  to.]      j 

On  this         day  of  j  18    ,  personally  appeared  before  me,  a  [here 

give  name  and  title  of  officer  duly  authorized  to  administer  oath^]  in  and 
for  the  county  and  State  aforesaid,  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  who  being  duly  sworn,  declares  that  his  age  is 

years  ;*  that  he  is  the  same  A.  B.  who  was  a  [here  designate  rank — e.  g., 
private,  or,  corporal],  in  Company  [designating  it  by  its  letter],  commanded 
by  [here  give  name  of  captain],  in  the  Regiment  of  [here  name  State] 
volunteers,  cavalry  [or,  infantry,  or,  artillery],  who  was  honorably  discharged 
from  the  service  of  the  United  States  at  ,  in  the  State  of  ,  on  or 

about  the  day  of  ?  18    >  hy  reason  of  [here  set  forth  the  cause,  etc.] 

This  declaration  is  made  to  recover  all  arrears  of  pay  and  other  allow- 
ances due  said  A.  B.  from  the  United  States,  and  the  bounty  provided  by 
the  section  of  the  act  of  Congress,  approved  [date  of  approval].  And 
HE  HEEEBT  APPOINTS  J.  K.,  of  ,  as  his  lawful  attorney,  and  authorizes 

him  to  present  and  prosecute  this  claim,  and  to  receive  and  receipt  for  any 
orders  or  moneys  that  may  be  issued  or  paid  in  satisfaction  thereof.  The 
post-office  address  of  the  claimant  is  as  follows :  [stating  it.] 

[Signature  of  claimant] 

Al80  personally  appeared  before  me,  M.  N.  and  O.  P.,  of  the  county  of 
,  and  State  of  ,  to  me  well  known  as  credible  persons,  who, 

being  duly  sworn,  declare  that  they  have  been  for  years  acquainted 

with  the  above-named  A.  B.,  who  was  a  [here  designate  ranTc,  as  above]  in 
Company  [letter  of  company]  of  the  Regiment  of  [designate  it,  as  above], 
and  know  that  the  applicant  is  the  identical  person  he  represents  himself  to 
be ;  that  they  saw  him  sign  the  foregoing  declaration ;  and  that  they  have 
no  interest  whatever  in  this  application.  [Signatures  of  witnesses.] 

SwoEN  to  and  subscribed  before  me,  this         day  of  ,  18     ;  and  I 

hereby  certify  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution 
of  this  claim.  [Signature  and  title  of  magistrate.] 

266.  Widow^s  Application  for  Arrears  of  Fay  and  Bounty. 

State  of   [designating  where  the  ap-  ] 
County  of     plication  is  sworn  to.]      ) 

On  this         day  of  j  18    ,  personally  appeared  before  me,  a  [here 

give  name  and  title  of  officer  duly  authorized  to  administer  oaths]  in  and 
for  the  county  and  State  aforesaid,  C.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  who,  being  duly  sworn,  declares  that  her  age  is 

years  ;*  that  she  is  the  widow  of  A.  B.,  late  of  the  county  of  ,  and 

State  of  ,  who  was  a  [here  designate  rank — e.  g.,  corporal,  or,  private] 

in  Company  [letter  of  company],  commanded  by  [here  give  name  of  captain], 
in  the  Regiment  of  [here  name  State]  volunteers,  cavalry  [or,  infantry, 

or,  artillery],  who  died  in  the  service  of  the  United  States  at  ,  in  the 


112  ABBOTTS'  FOEMS. 


Children's  Application  for  Arrears,  etc. 


State  of  ,  on  or  about  the         day  of  ,  18     ;  that  her  maiden 

name  was  ,  and  that  she  was  married  to  said  A.  B.,  deceased,  on  or 

about  the         day  of  ,  18    ,  at  ,  in  the  State  of  ,  by         ; 

that  she  has  remained  a  widow  since  the  decease  of  her  said  husband,  and 
knows  Uiere  is  no  record  evidence  of  said  marriage  [or,  that  there  is  record 
evidence  of  said  marriage — to  wit:  stating  what]. 

This  declaration  is  made  to  recover  all  arrears  of  pay  and  other  allow- 
ances due  said  deceased  from  the  United  States,  and  the  bounty  provided 
by  the  6th  Section  of  the  Act  of  Congress,  approved  July  22,  1861.  And 
SUE  HEREBY  APPOINTS  J.  K.,  of  ,  as  her  lawful  attorney,  and  authorizes 

him  to  present  and  prosecute  this  claim,  and  to  receive  and  receipt  for  any 
orders  or  moneys  that  may  be  issued  or  paid  in  satisfaction  thereof.  Her 
post-oflSce  address  is  as  follows :  [stating  it.]        [Signature  of  claimant.] 

Also  personally  appeared  before  me,  M.  N.  and  0.  P.,  of  the  county  of 
,  and  State  of  ,  to  me  well  known  as  credible  persons,  who 

being  duly  sworn,  declare  that  they  have  been  for  years  acquainted 

with  the  above-named  applicant,  and  with  said  A.  B.  deceased,  who  was  a 
[state  rank,  as  above],  in  Company  [letter  of  company]  of  the  [insert  number] 
Kegiment  of  [designate  it,  as  above],  and  know  that  said  deceased  recognized 
said  applicant  as  his  lawful  wife,  and  that  she  was  so  recognized  by  the 
community  in  which  she  resided  ;  and  that  they  have  no  interest  whatever 
in  this  application,  (a)  [Signatures  of  witnesses.] 

SwoBN  [etc.,  as  in  the  form  preceding], 

267.  Children's  Application  for  Arrears  of  Pay  and  Bounty.(b) 

State  of     [designating  where  the  ap-  | 
County  of      plication  is  sworn  to.]     ) 

On  this         day  of  »  18     ,  personally  appeared  before  me,  a  [here 

give  name  and  title  of  officer  duly  authorized  to  administer  oaths],  in  and 
for  the  county  and  State  aforesaid,  A.  B ,  of  ,  in  the  State  of  , 

aged        years  [and  D.  B.  of  ,  in  the  State  of  ,  aged         years], 

who  being  duly  sworn,  declare  *  that  the  above-named  persons  are  of  the 
age  stated,  and  are  the  legitimate  children  of  A.  B.,  late  of  ,  in  the 

county  of  ,  and  State  of  ,  who  was  a  [here  designate  rank — e.  g., 

corporal,  or,  private],  in  Company  [letter  of  company],  commanded  by  [here 
give  name  of  captain],  of  the  Regiment  of  [here  designate  State]  volun- 

teers, infantry  [oi;  cavalry,  or,  artillery],  who  died  or  was  killed  in  the 
service  of  the  United  States  at  ,  on  or  about  the         day  of  , 

1 8    .    That  their  mother's  name  was  ,  and  that  she  is  dead. 

This  application  is  made  to  recover  aU  arrears  of  pay  and  other  allowances 
due  the  deceased  from  the  United  States,  and  the  bounty  provided  by  the 

(a)  Proof  of  marriage  (record  evidence,  give  the  name  and  age  of  the  ward  or 

if  possible)  must  always  accompany  the  wards,   and  should  be   accompanied  by 

applications  of  those  claiming  to  be  the  letters  of  guardianship,  or  an  authenticated 

widows.  copy  thereof. 

(i)  An  application  by  a  guardian  should 


AEREARS  OF  PAY  AND  BOUNTY.         113 


Application  by  Father :  By  Mother. 

Cth  section  of  the  act  of  Congress,  approved  July  22,  1861.  And  the  ap- 
plicants HEREBY  APPOINT  J.  K.,  of  ,  their  lawful  attorney,  and 
authorize  him  to  present  and  prosecute  this  claim,  and  to  recover  and 
receipt  for  any  orders  or  moneys  that  may  be  issued  or  paid  in  satisfaction 
thereof.    Their  post-oflBce  address  is  as  follows :  {stating  it.'\ 

{Signatures  of  claimants. '\ 

Axso  personally  appeared  before  me,  M.  N.  and  O.  P.,  of  the  county  of 
,  and  State  of  ,  to  me  well  known  as  credible  persons,  who 

being  duly  sworn,  declare  that  they  have  been  for  years  acquainted 

with  the  above-named  applicants,  and  with  said  A.  B.,  deceased,  who  was  a 
[state  rank,  as  above],  in  Company  [letter],  of  the  [numier]  Regiment  of 
[designate  it,  as  above],  and  know  the  above-named  children  to  be  the  legiti- 
mate children  of  said  deceased ;  and  that  the  deponents  have  no  interest 
whatever  in  this  application.  [Signatures  of  witnesses.] 

Sworn  [etc.,  as  in  Form  265]. 


268.  Father'^s  Application  for  Arrears  of  Pay  and  Bounty. 

[As  in  Form  265  to  the  *,  continuing  thus:]  That  he  is  the  father  of  0. 
B.,  late  of  ,  in  the  county  of  ,  and  State  of  ,  who  was  a 

[state  rank — e.  g.,  corporal,  or,  private]  in  Company  [letter  of  company], 
commanded  by  [here  give  name  of  captain]  of  the  [number]  Regiment  of 
[here  designate  State]  volunteers,  infantry  [or,  cavalry,  or,  artillery],  who 
died  or  was  killed  in  the  service  of  the  United  States,  at  ,  on  or 

about  the        day- of  ,18    ,  leaving  neither  wife  nor  child.   / 

t  This  application  is  made  to  recover  all  arrears  of  pay  and  other  al- 
lowances due  to  the  deceased  from  the  United  States,  and  the  bounty  pro- 
vided by  the  6th  section  of  the  act  of  Congress,  approved  July  22,  1861. 
And  the  applicant  hereby  appoints  J.  K.,  of  ,  as  his  lawful  attor- 

ney, and  authorizes  him  to  present  and  prosecute  his  claim,  and  to  receive 
and  receipt  for  all  orders  or  moneys  that  may  be  issued  or  paid  in  satisfac- 
tion thereof.  The  post-office  address  of  the  applicant  is  as  follows :  [stating 
it.]  [Signature  of  claimant.] 

Also  personally  appeared  before  me,  M.  N.  and  0.  P.,  of  ,  in  the 

County  of  ,  and  State  of  ,  to  me  well  known  as  credible  per- 

sons, who,  being  duly  sworn,  declare  that  they  hare  been  for  years 

acquainted  with  the  above-named  applicant,  and  with  said  0.  B.,  the  de- 
ceased, who  was  a  [state  rank,  as  above]  in  Company  [letter],  of  the  [num- 
ber] Regiment  of  [designate  it,  as  above],  and  know  said  applicant  to  be 
the  father  of  said  deceased,  and  that  said  deceased  left  neither  wife  nor 
child ;  and  that  they  have  no  interest  whatever  in  this  application. 

Sworn  [etc.^  as  in  Form  265].  [Signatures  of  witnesses.] 


269.  Mother''s  Application  for  Arrears  of  Pay  and  Bounty. 

[As  in  Form  266  to  the  *,  continuing  thus:]    That  she  is  the  mother  of 
A.  B.,  late  of  ,  in  the  county  of  ,  and  State  of  ,  who  was- 


114  ABBOTTS'  FORMS. 


Brother  and  Sister's  Applicjition  for  Arrears,  etc. 


[here  state  rank — e.  g.,  a  corporal,  or,  a  private]  in  Company  [letter  of  com- 
pany\  commanded  by  [here  give  name  of  captain],  of  the  [number]  Regi- 
ment of  [here  de^signate  State]  volunteers,  infantry  [or,  cavalry,  or,  artillery], 
■who  died  in  the  service  of  the  United  States,  at  .  ,  on  or  about  the 

day  of  ,  18    ,  leaving  neither  wife,  nor  child,  nor  father;  that 

his  father's  name  was  [stating  it].  [Or  if  the  father  is  lining,  hut  has 
abandoned  the  support  of  his  family,  then  say,  died,  etc.,  leaving  neither 
wife  nor  child;  that  his  father's  name  was  [naming  father],  said  [name  of 
father]  has  abandoned  the  support  of  his  family,  and  has  provided  nothing 
for  their  support  during  the  last         years.] 

[Conclude  as  in  the  preceding  form  from  the  t,  substituting  the  word 
"mother" /or  "father,"  at  the  end,  and  inserting  the  words,  "nor  father," 
after  "child,"  near  the  same  place.] 

SwoBN  [etc.,  as  in  Form  265]. 

270.  Brothers'  and  Sisters^  Application  for  Arrears  of  Pay  and  Bounty. (c) 

[As  in  Form  267  to  the  *,  continuing  thus:]  That  he  is  [or,  they  are]  the 
brothers  [or,  sisters,  or,  brothers  and  sisters]  of  A.  B.,  late  of  ,  in  the 

coimty  of  ,  and  State  of  ,  who  was  [here  state  rank — e.  g.,  a 

corporal,  or,  a  private]  in  Company  [letter  of  company]]  commanded  by 
[here  gite  name  of  captain],  of  the  [number]  Regiment  of  [here  designate 
the  State]  volunteers,  infantry  [or,  cavalry,  or,  artillery],  who  died,  or  was 
killed,  in  the  service  of  the  United  States,  at  ,  on  or  about  the 

day  of  1  18    ,  leaving  neither  widow,  child,  father,  mother,  nor  other 

brothers  or  sisters  than  the  above  named,  and  that  his  father  and  mother 
were  our  father  and  mother. 

This  application  is  made  to  recover  all  arrears  of  pay  and  other  allow- 
ances due  said  deceased  from  the  United  States,  and  the  bounty  pro\ided 
by  the  6th  section  of  the  act  of  Congress,  approved  July  22,  1861.  And 
THE  APPLICANTS  HEREBY  APPOINT  J.  K.,  of  ,  their  lawful  attorney,  and 

authorize  him  to  present  and  prosecute  this  claim,  and  to  receive  and  re- 
ceipt for  any  orders  or  moneys  that  may  be  issued  or  paid  in  satisfaction 
thereof.  The  post-oflSce  address  of  the  first-named  claimant  is  as  follows : 
[stating  it.]  [Signatures  of  claimants.] 

Also  personally  appeared  before  me,  M.  N.  and  0.  P.,  of  ,  in  the 

county  of  ,  and  State  of  ,  to  me  well  known  as  credible  per 

son^,  who  being  duly  sworn,  declare  that  they  have  been   for  years 

acquainted  with  the  above-named  applicants,  and  with  said  A.  B.,  deceased, 
who  was  a  [staterank,  as  above]  in  Company  [letter],  of  the  [number]  Regi- 
ment of  [designate  it,  as  above],  and  know  said  applicants  to  be  the  brother:? 
[or  otherwise]  of  said  deceased,  and  believe  that  he  left  neither  widow, 
child,  father,  nor  other  brothers  or  sisters  than  the  above  named ;  and  that 
the  deponents  have  no  interest  whatever  in  this  application. 

SwoBN  [etc.,  as  in  Form  265].  [Signatures  of  witnesses.] 

(c)  See  preceding  note. 


ASSIGNMENTS.  115 

Analysis  of  ('hapter. 


CHAPTEK  IX. 

ASSIGNMENTS. 

An  assignment,  in  the  broadest  sense  in  which  the  term  is  used  in  convey- 
ancing, may  be  any  transfer  of  any  property ;  but  in  respect  to  lands  and 
chattels  it  is  generally  employed  to  designate  a  transfer  of  some  partial  or 
qualified  interest  only  ;  or  it  signifies,  often,  a  transfer  of  a  right  in  action. 

As  between  the  parties,  it  is  necessary  to  the  validity  of  an  assignment,  that 
the  assignor  should  express  his  intent  to  transfer  the  title  to  the  property ; 
and,  in  the  cases  in  which  a  writing  is  recognized  by  the  Statute  of  Frauds,  that 
this  intention  should  be  expressed  in  writing.  A  consideration  for  the  assign- 
ment is  only  necessary  in  order  to  sustain  it  against  creditors,  or  other  third 
parties. 

The  usual  technical  words  of  an  assignment  are  "  sell,  assign,  transfer,  and 
set  over."  But  any  language  which  expresses  the  intent  to  transfer  the  prop- 
erty is  suificient. 

In  cases  in  which,  by  the  Statute  of  Frauds,  a  writing  is  necessary  to  a  valid 
assignment,  the  essential  parts  of  the  instrument  must  be  reduced  to  writing 
before  the  signature  and  delivery.  If  the  assignor  signs  and  delivers  a  blank 
paper  on  an  agreement,  that  a  third  person  may  write  a  certain  assignment 
thereon,  this  will  not  constitute  a  valid  transfer  of  an  interest  which  can  only 
be  transferred  by  deed  or  note  in  writing — e.  g.,  a  lease — although  the  blank  is 
subsequently  filled  as  agreed.  Otherwise,  when  the  interest  to  be  transferred 
is  not  one  of  those  which  can  only  be  transferred  by  writing. 

In  general,  the  assignee  of  a  right  in  action  acquires  no  better  title  than  his 
assignor  possessed.  He  holds  the  demand  subject  to  any  equities  which  might 
have  been  enforced  against  his  assignor. 

Formerly,  the  assignee  was  not  permitted  to  sue  the  demand  in  his  own 
name,  but  could  only  proceed  to  enforce  it  in  the  name  of  his  assignor ;  but  in 
New  York  and  many  other  States,  he  is  enabled,  by  recent  statutes,  to  sue  in 
his  own  name 

PAOB 

271.  Short  form  of  assignment,  suitable  to  be  indorsed  on  a  written  instrument. .  116 

272.  The  same;  with  a  power  to  sue 116 

273.  Assignment  of  a  demand,  as  collateral  security  for  a  note 117 

274.  Assignment  of  a  demand,  as  collateral  security  for  an  indorsement 117 

275.  Assignment  of  an  account - 117 

276.  Assignment  of  a  bail-bond 118 

277.  Assignment  of  a  bond,  with  covenant  of  amount  due,  and  power  to  sue. . . .   113 

278.  Another  form,  with  covenants,  guaranty,  and  power  to  sue 118 

279.  Assignment  of  chattels,  by  reference  to  former  bill  of  sale 119 

280.  Assignment  of  a  book  to  be  copyrighted 120 

281.  Assignment  of  a  copyright 120 

282.  Assignment  of  a  contract  for  the  sale  of  real  property 120 

283.  The  same  ;  adapted  to  a  special  case 121 

284.  Consent  to  the  preceding  assignment 121 

285.  Assignment  of  a  debt 122 

286.  Assignment  of  ground-rent 123 

287.  Assignment  of  indenture  of  apprenticeship 128 

288.  Approval  of  the  preceding  assignment 128 


116  ABBOTTS'  FORMS. 


Short  Forms. 


PAOI 

2S9.  Assignment  of  a  judgment 123 

290.  The  same  ;  another  form 124 

891.  The  same;  to  be  indorsed  on  transcript 124 

292.  Assignment  of  a  lease 125 

293.  Assignment  of  a  mortgage 125 

294.  Assignment  of  a  mortgage  with  the  bond  or  note 126 

295.  Assignment  of  partnership  property,  by  one  partner  to  another,  to  close  the 

concern 126 

296.  Assignment  of  entire  interest  in  a  patentable  invention 128 

297.  Assignment  of  part  interest 123 

298.  Assignment  of  letters  patent 129 

299.  Assignment  of  policy  of  insurance 129 

80O.  Approval,  to  be  indorsed  on  the  preceding  assignment 130 

301.  Assignment  of  recipe  for  making  a  medicine 130 

802.  Assignment  by  a  sheriff  to  his  successor  in  office 130 

803.  Assignment  of  shares  in  corporate  stock 131 

804.  As.sigument  of  wages  due 131 

805.  Assignment  of  miscellaneous  property  described  in  a  schedule 132 

806.  Assignment  by  a  corporation....' 132 

271.  Short  Form{a)  of  Assignment,  Suitable  to  he  Indorsed  on  a  Written 

Instrument. 

For  value  received,  I  hereby  assign  the  within  bond  [or,  contract,  or^ 
policy  of  insurance,  etc.']  unto  Y.  Z. 
[Date.]  \Slgnature.] 

272.  Another  Form,  With  a  Power  to  Sue. 

In  cwhsidebation  of  the  sura  of  dollars,  (J)  to  me  paid,  by  Y.  Z.,(c) 

of  ,  the  receipt  whereof  is  hereby  acknowledged,  I  do  hereby  transfer, 

assign,  and  set  over  to  the  said  Y.  Z.,  his  executors,  administrators,  and 
assigns,  all  my  right,  title,  and  interest  in  and  to  the  within  bond  [or,  con- 
tract, or,  policy  of  insurance] ;  and  I  do  hereby  constitute  the  said  Y.  Z. 
my  attomey,((Z)  in  my  name,  or  otherwise,  but  at  his  own  cost,  to  take  all 

(o)  This  form  is  only  sufficient  in  cases  v.   Mead,   27  Barb.,   178.    The  assignee 

where  a  bare  transfer  of  the  subject  as-  may  maintain  his  action   upon  the  claim 

signed  answers  the  intention  of  the  par-  assigned,  without  necessity  of  proving  a 

ties.     If  any  guaranty  is  intended,  or  any  consideration  paid.     But  it  is  better  prac- 

power  of  attorney  can  become  necessary  tice,  in  drafting,  in  cases  when  a  consid- 

to  enable  the  assignee  to  enforce  his  right,  eration  actually  passed,  to  state  it  in  tl>e 

or  any  thing  beyond  a  mere  transfer  of  instrument. 

the  instrument  can  in  any  event  become  (c)  It  is  not  essential  (at  least  in  equity) 

requisite,  the  appropriate  special  clause  that  the  assignee  should  be  designated  by 

should  be  added  to  the  above.  his  name.    An  apt  description  of  the  per- 

{b)  It  is  held,  in  New  York,  that  an  as-  son  intended  may  suffice.     Thus,  Where 

fcignment  of  a  chose  in  action  is  not  in-  a  mortgage  was  assigned   to  tlie  "  Lady 

valid  as  between   the   assignee  and  the  Superior  of  the  C.  Nunnery  of  M.,"  a  bill 

debtor,  by  reason  that  it  was  made  with-  by  F.  F.  was  sustained,  on  proof  that  she 

out  consideration,  or  that  the  considera-  was  such  Lady  Superior.     Lady  Superior, 

lion  named  has  not  been  paid.     Clark  v.  etc.  v.  McNamara,  3  Barb.  Ch.,  875. 

Downing^,  1 E.  D.  Smith,  406 ;  Richardson  (d)  The  word    "  irrevocable"  is  com- 


ASSIGNMENTS.  117 


Collatenil  Assignments.  Assignment  of  Account. 

legal  measures  whicli  may  be  proper  or  necessary  for  the  complete  re- 
,  covery  and  enjoyment  of  the  assigned  premises. 

Witness  my  hand  and  seal,  this        day  of  ,18    . 

in  presence  of  [Signature.]    [Seal.] 

[Signature  of  witness.] 

273.  Assignment  of  a  Demand  as  Collateral  Security /or  a  Note. 

[After  the  description  of  the  demand  assigned,  add :]  Upon  the  condition, 
however,  that  if  a  certain  promissory  note,  for  the  sum  of  dollars, 

bearing  date  the         day  of  ,  given  by  the  said  A.  B.  to  the  said 

y.  Z.  [or  otherwise  describe  the  note  according  to  the  facts],  is  well  and  truly 
paid,  according  to  the  terras  "thereof,  then  this  assignment  is  to  be  void. 

274.  Assignment  of  a  Demand  as  Collateral  Security  for  an  Indorsement. 

[After  the  description  of  the  demand  assigned,  add:]  This  assignment  is 
■hereby  made  to  secure  the  said  Y.  Z.  against  any  loss  and  damage  which  he 
may  incur  or  sustain  by  reason  of  his  indorsement  of  a  promissory  note, 
made  by  the  said  A.  B.,  dated  the  day  of  ,  18    ,  for  the  sum  of 

dollars,  payable  months  after  date ;  the  payment  of  which  note 

at  maturity,  by  the  said  A.  B.,  will  render  this  assignment  void,  but  other- 
wise to  be  of  full  force  and  virtue. 

275.  Assignment  of  an  Account. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  considera- 

tion of  dollars,  lawful  money  of  the  United  States  [to  me  paid  before 

the  sealing  and  delivery  of  these  presents,  the  receipt  whereof  is  hereby 
acknowledged(c)],  have  sold,  assigned,  transferred,  and  set  over,  and  by 
these  presents  do  sell,  assign,  transfer,  and  set  over  unto  Y.  Z.,  of         ,  his 

monly  inserted  in  these  powers,  but  is  the  reeoverj'  of  the  agreed  price,  if  cot 
not  important  in  its  effect.  Upon  the  one  paid  at  the  agreed  time  ;  for  the  rule  that 
iiiuid,  the  mere  expression,  in  a  power  of  an  acknowledgment  of  payment  under 
Attorney,  that  it  is  irrevocable,  does  not  seal  is  a  good  bar  without  any  thing  being 
make  it  so,  nor  give  it  the  effect  of  an  as-  received  (as  to  which,  see  Kountree  v. 
signment.  If  no  interest  is  conveyed,  if  Jacob,  2  Taunt.,  141),  only  applies  to  re- 
nothing  but  a  mere  authority,  uncoupled  ceipts  distinct  and  independent.  A  col- 
witli  an  interest,  is  granted,  he  who  has  lateral  ackno'X'ledgment  of  receipt,  in  an 
conferred  the  power  can  revoke  it,  not-  instrument  which  has  for  its  main  object 
withstanding  the  word  "irrevocable"  ap-  the  conveyance  of  property,  may  be  ex- 
pears.  Napier  ».  McLeod,  9  Wend.,  120.  plained  away  for  the  purpose  of  recov- 
And  upon  tlie  other  hand,  a  power  of  at-  ering  the  money,  though  it  cannot  be  for 
torney  to  collect,  coupled  with  a  beneficial  the  purpose  of  avoiding  the  conveyance. 
Interest  in  the  demand  to  be  collected,  is  This  at  least  is  the  rule  indicated  by  the 
deemed  irrevocable,  although  not  in  terms  majority  of  the  cases,  though  there  is 
so  conferred.  Eaymond  v.  Squire,  11  much  conflict  of  authority  on  the  subject. 
Johns.,  47.  But  the  clause  in  brackets  would  throw 
(«)  Omit  the  words  in  brackets,  where  a  heavy  burden  of  proof  upon  the  as- 
Uie  consideration  is  not  intended  to  be  signer  in  his  action  for  the  price,  if  un- 
paid at  the  time  of  delivery.  They  would  paid  at  the  delivery,  and  seriously  em- 
not  form  an  absolute  bar  to  an  action  for  barrass  his  recovery. 


118  ABBOTTS'  FORMS. 


Bonds. 


executors,  administrators,  and  assigns,  to  his  and  their  own  proper  use  and 
benefit  [all  my  right,  title,  and  interest  in  and  to],*  any  and  all  sum  or  sums 
of  money  now  due  or  to  grow  due  upon  the  annexed  account,  or  upon  the 
sales  [or,  services,  or,  loans,  or  whatever  transactions  may  be  the  basis  of 
the  account]  therein  mentioned.  And  I  do  hereby  give  the  said  Y.  Z.,  his 
executors,  administrators,  and  assigns,  the  full  power  and  authority,  for  his 
or  their  own  use  and  benefit,  but  at  his  or  their  own  cost,  to  ask,  demand, 
collect,  receive,  compound,  and  give  acquittance  for  the  same,  or  any  part 
thereof,  and  in  my  name  or  otherwise  to  prosecute  and  withdraw  any  suits 
or  proceedings  at  law  or  in  equity  therefor. 

In  WITNESS  WHEEEOF,  I  have  hereunto  set  my  band  and  seal,  this  day 

of  ,  18    , 

In  presence  of  [Signature.]     [Seal.] 

[Signature  of  witness  or  witnesses.] 

276.  Assignment  of  a  Bail-bond. 

Know  axl  men  by  these  presents,  that  I,  A.  B.,  the  sheriff  within  named, 
do  assign  and  set  over  to  Y.  Z  ,  the  plaintiff  therein  named,  at  his  request, 
the  within  bail-bond,  or  obligation,  pursuant  to  the  statute  in  such  case 
made  and  provided. 

In  witness,  etc.  A.  B.,  Sheriff.  [Seal] 

277.  Assignment  of  a  Bond,  With  Covenant  of  Amount  Due,  and  Power 

to  Sue. 

[As  in  Form  275  to  the  *,  and  then  as  follows:]  a  certain  written  bond  or 
obligation,  and  the  condition  thereof,  bearing  date  the  day  of  , 

18  ,  executed  by  M.  N.  to  me,  the  said  A  B.,  and  all  sum  and  sums  of 
money  due  or  to  grow  due  thereon.  And  I  do  hereby  covenant  with  the 
said  Y.  Z.,  his  executors,  adfninistrators,  and  assigns,  that  I  have  good 
right  to  assign  the  said  bond,  and  that  there  is  now  due  thereon,  according 
to  the  condition  thereof,  for  principal  and  interest,  the  sum  of  dollars; 

and  I  hereby  give  the  said  Y.  Z.,  his  executors,  administrator;:,  and  assigns, 
the  full  power  and  authority  in  my  name  or  otherwise,  but  at  his  or  their 
own  cost,  and  for  his  or  their  own  use  and  benefit,  to  ask,  demand,  sue  for, 
collect,  receive,  compound,  cancel,  discharge,  and  give  acquittance  for,  the 
same  or  any  part  thereo  . 

In  witness,  etc. 

278.  Another  Form,  With  Covenants,  Chiaranty,  and  Power  to  Sue. 

Know  all  men  by  these  presents,  that  whereas  M.  N.,  of  ,  in  and 

by  a  certain  bond  or  obligation,  bearing  date  the         day  of  ,  18       , 

became  bound  to  me,  A.  B.,  of  ,  in  the  penal  sura  of         dollars,  con- 

ditioned for  the  payment  of  dollars  and  interest,  at  a  day  since  past, 

as  by  the  said  bond  and  condition  thereof  may  appear.  And  whereas  there 
now  remains  due  to  me.  for  principal  and  interest  on  the  said  bond,  the 
6um  of  dollars: 


ASSIGNMENTS.  119 


Chattels. 


NOW,  T,  the  said  A.  B.,  in  consideration  of  dollars,  lawful  money  of 

the  United  States  [to  me  paid  before  the  sealing  and  delivery  of  these  pres- 
ents, the  receipt  whereof  is  hereby  acknowledged],  have  sold,  assigned, 
transferred,  and  set  over,  and  by  these  presents  do  sell,  assign,  transfer,  and 
set  over  unto  Y.  Z.,  of  ,  his  executors,  administrators,  and  assigns,  to 

his  and  their  own  jjroper  use  and  benefit,  the  said  bond  or  obligation,  and  the 
condition  thereof  and  all  sum  or  sums  of  money  due  or  to  grow  due  thereon. 

And  I,  the  said  A.  B.,  for  myself,  my  executors,  administrators,  and  as- 
signs, do  covenant  and  agree  to  and  with  the  said  Y.  Z.,  his  executors,  ad- 
ministrators, and  assigns,  that  I  have  not  received,  and  will  not  receive, 
payment  of  any  of  the  sums  secured  to  be  paid  by  said  bond  [or,  if  part 
payment  has  heen  receked,  say:  have  not  received  payment  of  any  of  the  sums 
secured  to  be  paid  by  said  bond,  except  the  sum  of  dollars,  and  that  I 

will  not  receive  any  further  payment  of  said  sums],  and  will  not  release, 
cancel,  or  discharge  said  bond,  or  do  any  other  act  or  thing  to  hinder  the 
said  Y.  Z.  from  enforcing  the  same,  and  that  there  is  now  due  on  said  bond, 
according  to  the  condition  thereof,  for  principal  and  interest,  the  sum  of 
dollars  [or,  according  to  the  condition  thereof,  the  sum  of  dol- 

lars, with  interest  thereon  from  the        day  of  ,  18    ]. 

And  I  farther  guarantee  the  payment  [or,  collection]  of  the  said  sum. 

And  I  further  constitute  and  appoint  the  said  Y.  Z.,  his  executors  and 
administrators,  my  true  and  lawful  attorney  and  attorneys,  irrevocable,  with 
full  power  of  substitution  and  revocation,  for  me  and  in  my  name,  and  in 
the  name  and  names  of  my  executors  and  administrators,  or  otherwise — but 
for  the  sole  use  and  benefit  of  the  said  Y.  Z.,  his  executors,  administrators, 
and  assigns — to  ask,  require,  demand,  and  receive  of  the  said  M.  N.,  his 
heirs,  executors,  and  administrators,  the  money  due  or  to  grow  due  on  the 
said  bond ;  and  on  non-payment  thereof,  to  sue  for,  recover,  and  receive 
the  same,  and  on  payment  thereof,  to  deliver  up  and  cancel  the  said  bond, 
and  give  suflScient  releases  and  discharges  thereof. 

In  witness,  etc. 

279.  Assignment  of  Chattels,  iy  Reference  to  Former  Bill  of  Sale. 

Know  all  men  by  these  presents,  that  whereas  M.  N.,  of  ,  by  his 

bill  of  sale,  under  his  hand  and  seal,  bearing  date,  etc.,  which  is  annexed  to 
this  assignment,  did,  for  the  consideration  therein  expressed,  bargain,  sell, 
and  deliver  unto  me,  A.  B.,  of  ,  all  and  every  his,  the  said  M.  N.'s, 

household  furniture,  goods,  utensils,  and  implements,  remaining  and  being 
in  and  about  his  dwelling-house  therein  mentioned,  and  which  are  in  the 
schedule  annexed  to  the  same  bill  of  sale  more  particularly  mentioned  and 
expressed,  and  all  his  right,  title,  and  interest  in  and  to  the  same,  to  have 
and  to  hold  the  same  to  me,  the  said  A.  B.,  my  executors,  administrators, 
and  assigns  forever,  as  by  the  said  bill  of  sale  and  schedule  annexed  will 
ai)pear  ;   which  said  chattels  are  now  in  the  building  known  as 

NOW,  T,  the  said  A.  B.,  in  consideration  of  the  sum  of  dollars,  lawful 

money  of  the  United  States  [to  me  paid  before  the  sealing  and  delivery  of 
these  presents,  the  receipt  whereof  is  hereby  acknowledged],  do  bargain. 


120  ABBOTTS'  FORMS. 


Book.  Copyright.  Contract. 

sell,  assign,  transfer,  and  set  over  unto  Y.  Z.,  of  ,  all  and  every  the 

household  furniture,  goods,  utensils,  and  implements  in  the  above-rocited 
hill  of  sale,  and  schedule  thereto  annexed,  mentioned,  and  thereby  bargained 
and  sold  as  aforesaid,  to  have  and  hold  the  said  bargained  premises  unto 
the  said  Y.  Z.,  his  executors,  administrators,  and  assigns  forever. 
In  witness,  etc. 

280.  Assignment  of  a  Booh,  to  ie  Copyrighted. 

[As  in  Form  275  to  the  *  continuing  thus ;]  the  manuscript  of  a  certain 
book,  of  "which  I  am  author  and  proprietor,  entitled  [give  title  of  hook  in 
full],  with  all  my  literary  property,  right,  title,  and  interest  in  and  to  said 
book,  and  all  the  profit,  benefit,  and  advantage  that  shall  or  may  arise  from 
printing,  publishing,  and  vending  the  same. 

And  I  do  hereby  give  the  said  Y.  Z.,  his  executors,  administrators,  and 
assigns,  the  full  power  and  authority,  in  my  name  or  otherwise,  but  at  his 
or  their  own  cost,  to  enter  the  said  book  for  copyright,  as  allowed  by  the 
laws  of  the  United  States. 

281.  Assignment  qf  a  Copyright. 

[As  in  Form  275  to  the  *,  continuing  thus:"]  the  copyright  heretofore 
taken  out  by  me  for  the  book  entitled  [give  title  of  book  in  full],  of  which  I 
am  [author  and]  proprietor,  the  certificate  of  which  copyright  is  annexed 
to  this  assignment  [annex  the  certificate  issued  by  the  clerk  of  the  United 
States  District  Court  on  entering  the  wQrk{f)],  with  all  my  literary  property, 
right,  title,  and  interest  in  and  to  said  book,  and  all  the  profit,  benefit,  and 
advantage  that  shall  or  may  arise  from  printing,  publishing,  and  vending 
the  same  [within  the  United  States  of  America],  to  hold  and  enjoy  the  same 
during  the  full  end  and  term  for  which  the  said  copyright  has  been  issued. 

In  witness,  etc. 
[Signatures  of  two  witnesses.]  [Signatui-e.]    [Seal.] 

282.  Assignment  of  Contract  for  the  Sale  of  Real  Property. 

[As  in  Form  275  to  the*,  continuing  thu^:]  a  contract  for  the  sale  of  cer- 
tain real  estate,  being  [here  give  description  of  the  property],  which  con- 
tract was  made  and  executed  by  M.  N".,  of,  etc.,  to  me,  and  bears  date  the 
day  of  5  18    ,  to  have  and  to  hold  the  same  unto  the  said  Y.  Z., 

his  heirs,  executors,  administrators,  and  assigns,  for  his  and  their  use  and 
benefit  forever ;  subject,  nevertheless,  to  the  covenants  and  conditions  therein 
mentioned. 

And  I  hereby  authorize  and  empower  the  said  Y.  Z.,  upon  his  perform- 
ance of  the  said  covenants  and  conditions,  to  demand  and  receive  of  the 
said  N.  E.  the  deed  covenanted  to  be  given  in  the  said  contract,  in  the 
same  manner  to  all  intents  and  purposes  as  I  myself  might,  or  could  do, 
were  these  presents  not  executed. 

if)  If  the  original  is  not  obtainable,  it  not  essential  to  legal  validity,  that  a  du- 
ifi  advisable,  to  secure  accuracy,  though    plicate  be  procured  from  the  clerk. 


ASSIGNMENTS.  121 


Contract. 


283    The  Same  ;  Adapted  to  a  Special  Case. 

Know  all  men  by  these  presents,  that  whereas  I,  A.  B.,  of  ,  here- 

tofore made  and  entered  into  a  certain  agreement  in  writing  with  M.  N"., 
of  ,  bearing  date  the        day  of  j  18    ,  whereby  it  was,  among 

other  things,  [covenanted  and]  agreed  between  me  and  the  said  M.  N.  as 
follows — viz.,  That  said  M.  N.  should  sell  and  convey  to  me  all  those  eight 
lots  of  ground  situate,  lying,  and  being  in  the  Ward  of  the  city  of 

,  shown  on  the  annexed  diagram,  and  numbered  from  one  to  eight 
thereon,  both  inclusive;  that  I  should  erect  and  completely  finish  eight 
dwelling-houses  upon  said  lots  of  ground ;  that  to  aid  in  the  erection  of 
said  houses,  the  said  M.  N.  should  loan  and  advance  the  sum  of 
dollars  upon  each  of  the  same,  and  that  when  said  houses  should  be  com- 
pletely finished  as  aforesaid,  said  M.  N.  should  convey  the  same,  together 
with  said  lots,  to  me ;  that  to  entitle  me  to  receive  such  conveyance,  all 
mechanics'  liens  should  be  paid,  an(i  I  should  execute  and  deliver  to  him 
eight  bonds,  secured  by  eight  mortgages,  one  upon  each  of  said  eight  lots  of 
ground,  each  of  which  should  be  for  the  sum  of  dollars. 

And  whereas  I  have  sold  unto  Y.  Z.,  of  ,  the  lot  of  ground,  with 

the  building  thereon,  known  and  distinguished  on  said  diagram  as  and  by 
the  number  two. 

NOW,  I,  the  said  A.  B.,  in  consideration  of  the  sum  of  dollars,  lawful 
money  of  the  United  States,  to  me  in  hand  paid  [before  the  sealing  and 
delivery  of  these  presents,  the  receipt  whereof  is  hereby  acknowledged], 
have  sold,  assigned,  transferred,  and  set  over,  and  by  these  presents  do  sell, 
assign,  transfer,  and  set  over,  unto  the  said  Y.  Z.,  all  that  part  or  portion 
of  said  agreement  relating  to  the  said  lot  of  ground  numbered  two  on  said 
diagram,  to  have  and  to  hold  the  same  unto  the  said  Y.  Z.,  his  heirs, 
executors,  administrators,  and  assigns,  for  his  and  their  use,  benefit,  and 
behoof  forever ;  subject,  nevertheless,  to  the  covenants  and  conditions  in  said 
agreement  contained.  And  I  hereby  fully  authorize  and  empower  the  said 
Y.  Z.,  upon  performance  of  said  covenants  and  conditions,  to  demand  and 
receive  of  the  said  M.  N.  the  deed  covenanted  to  be  given  in  the  said  agree- 
ment, in  the  same  manner,  to  all  intents  and  purposes,  as  I  myself  might  or 
could  do,  were  these  presents  not  executed. 

And  I  do  hereby  covenant  and  agree,  to  completely  finish,  at  my  own 
expense,  the  house  now  erected  upon  said  lot,  pursuant  to  said  agreement, 
and  so  that- the  same  shall  be  in  complete  tenantable  order  and  condition 
on  or  before  the        day  of  ,  18     . 

And  I  do  further  covenant  and  agree  to  pay  off,  and  discharge  of  record, 
all  mechanics'  liens  in  any  way  affecting  the  title  of  said  premises. 

In  witness,  etc. 

284r.   Consent  to  the  Preceding  Assignment. 

I,  M.  N.,  in  the  foregoing  instrument  named,  do  hereby  consent  to  the 
assignment  of  that  part  of  my  agreement  with  A.  B.,  of  ,  also  therein 

named,  which  relates  to  lot  numbered  two  on  the  diagram  therein  men- 


122  ABBOTTS'  FORMS. 


Debt  Ground  Kent. 

tioned,  and  I  agree  to  make  and  execute  a  conveyance  of  the  same  to  the 
said  Y.  Z.,  upon  the  performance  of  the  said  agreement. 

[Signature.']     [Seal.] 

285.  Assignment  of  a  Debt, 

[As  in  Form  275  to  the  *,  continuing  thus:]  a  certain  debt  now  due  and 
owing  to  me  by  M.  N.,  of  ,  amounting  to  the  sum  of  dollars, 

for  money  loaned  by  me  to  the  said  M.  N.,  on  the         day  of  ?  ^  ^    , 

at  ,  [or  otherwise  designate  the  origin  of  the  debt],  together  with  the 

interest  due  or  to  grow  due  thereon. 

And  I  do  hereby  give  the  said  Y.  Z.,  his  executors,  administrators,  and 
assigns,  the  full  power  and  authority,  for  his  or  their  own  use  and  benefit, 
but  at  his  or  their  own  cost,  to  ask,  demand,  collect,  receive,  compound,  and 
give  acquittance  for  the  same  or  any  part  thereof,  and  in  my  name  or  other- 
wise to  prosecute  and  withdraw  any  suits  or  proceedings  at  law  or  in  equity 
therefor. 

And  I  do  hereby  covenant  and  agree  to  and  with  the  said  Y.  Z.,  his 
executors,  administrators,  and  assigns,  that  the  said  sura  of  dollars 

is  justly  owing  and  due  to  me  from  the  said  M.  N.,  and  that  I  have  not 
done  and  will  not  do  any  thing  to  lessen  or  discharge  the  said  debt,  or  to 
hinder  the  said  Y.  Z.,  or  his  executors,  administrators,  or  assigns,  from  col- 
lecting the  same. 

AxD  I  further  covenant  and  agree  as  aforesaid,  that  I,  my  executors  and 
administrators,  shall  and  will  at  all  times  hereafter,  at  the  request  of  the 
said  Y.  Z.,  his  executors,  administrators,  or  assigns,  but  at  his  or  their 
charge,  make,  do,  and  execute  all  such  further  and  other  acts  and  deeds  as 
shall  be  reasonably  required  for  the  proving  of  the  said  debt,  and  the  more 
eflfectually  enabling  him  or  them  to  recover  the  same  according  to  the  true 
intent  and  meaning  of  these  presents. 

In  witness,  etc. 

286.  Assignment  of  Ground  Bent. 

[As  in  Form  275  to  the  *,  continuing  thus :]  all  that  yearly  rent,  charge, 
or  sum  of  dollars,  lawful  money  of  the  United  States  of  America, 

chargeable  half-yearly,  issuing  and  payable  by  M.  N.,  his  l;eirs  and  assigns, 
on  the  first  day  of  the  months  of  January  and  July,  in  each  and  every  year, 
forever,  without  any  deduction  for  taxes,  out  of  and  for  all  that  certain  lot 
or  piece  of  ground  situate,  etc.  [here  describe  the  premises  and  recite  former 
titles  and  the  record  thereof],  together  with  all  the  ways,  means,  riglits  and 
privileges,  remedies,  power  of  entry  [distress],  and  re-entry  for  recovering 
payments  of  the  aforesaid  yearly  rent,  charge,  and  the  arrearages  thereof, 
and  the  reversions  and  remainders  thereof;  and  all  the  estate,  right,  title, 
interest,  property,  claim,  and  demand  whatsoever  of  them,  the  said  A.  B., 
and  Jane  his  wife,  as  well  at  law  as  in  equity,  of,  in,  to,  and  out  of  the 
same,  and  of,  in,  and  to  the  aforesaid  lot  or  piece  of  ground  out  of  which 
the  said  yearly  rent  or  charge  is  issuing  and  payable,  to  have  and  to  hold,  re- 
ceive and  take  the  aforesaid  yearly  rent,  charge,  or  sum  of  dollars, 


ASSIGNMENTS.  123 


Indentures.  Judgment. 

hereditaments,  and  premises  hereby  granted  or  mentioned,  or  intended  so 
to  be,  with  appurtenances,  unto  the  said  Y.  Z.,  his  heirs  and  assigns,  to  and 
for  the  only  proper  use,  benefit,  and  behoof  of  the  said  Y.  Z.,  his  heirs  and 
assigns  forever.  And  the  said  A.  B.,  for  himself,  his  heirs,  executors,  and 
administrators,  doth,  by  those  presents,  covenant,  grant,  and  agree,  to  and 
with  the  said  Y.  Z.,  liis  heirs  and  assigns,  that  the  said  A.  B.  and  his  heir.-=, 
all  and  singular,  the  hereditaments  and  premises  hereby  granted  or  men- 
tioned, and  intended  so  to  be,  with  the  appurtenances,  unto  the  said  Y.  Z.,  his 
heirs  and  assigns,  against  him,  the  said  A.  B.  and  his  heirs,  and  against  all 
and  every  person  or  persons  whomsoever,  lawfully  claiming  or  to  claim 
the  same  or  any  part  thereof,  by,  from,  or  under  him,  them,  or  any  of  them, 
shall  and  will,  well  and  truly  warrant  and  forever  defend  by  these  presejit^. 
In  witness,  etc. 

287.  Assignment  of  Indenture  of  Apprenticeship. 

[As  in  Form  275  to  the  *,  continuing  thus  .*]  the  within  indenture,  and 
the  apprentice  therein  named,  for  the  residue  of  the  term  within  mentioned; 
upon  condition,  however,  that  he  and  they  perform  all  and  singular  the 
covenants  therein  contained,  on  my  part  to  be  kept  and  performed,  and  in- 
demnify me  from  the  same. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this  day 
of  ,  18    . 

In  presence  of 
[Two  witnesses.]  [Signature.']    [Seal^ 

288.  Approval  of  the  Preceding  Assignment.{g) 

I  hereby  approve  of  the  foregoing  assignment  of  the  within  indenture. 

[Signature.] 

289.  Assignment  of  a  Judgment. 

Know  ail  men  by  these  presents,  that  whereas  I,  A.  B.,  of  ,  did, 

on  the         day  of  ,  18    ,  recover  by  judgment  in  the  Court, 

against  M.  IST,,  of  ,  the  sum  of  dollars,  as  by  the  record  thereof 

will  more  fully  appear. 

NOW,  I,  the  said  A.  B.,  in  consideration  of  dollars  [to  me  paid  at 

or  before  the  sealing  and  delivery  of  these  presents],  the  receipt  whereof  is 
hereby  acknowledged,  have  sold,  assigned,  transferred,  and  set  over,  and  by 
these  presents  do  sell,  assign,  transfer,  and  set  over  unto  Y.  Z.,  of  , 

the  said  judgment,  and  any  and  all  sum  or  sums  of  money,  or  other  benefit 
or  advantage  that  may  be  had  or  obtained  by  reason  of  said  judgment. 

And  I  do  hereby  make,  constitute,  and  appoint  the  said  Y.  Z.,  his  execu- 
tors, administrators,  and  assigns,  to  be  my  true  and  lawful  attorney  and 

Iq)  In  general,  the  assignment  of  inden-  magistrate    authorized.      In   New   York, 

tures  of  apprenticeship  cannot  be  made,  this  approval  may  be  by  a  justice  of  the 

■unless  the  indentures  extend  to  assigns;  peace,  or  mayor,  recorder,  or  alderman  of 

nor  is  it  valid  unless  it  is  approved  by  a  the  city. 


124  ABBOTTS'  FORMS. 


Judgment. 


attorneys,  irrevocable,  for  me  and  in  my  name,  and  in  the  name  and  names 
of  my  executors  and  administrators,  but  for  the  sole  and  proper  use  and 
benefit  of  the  said  Y.  Z.,  his  executors,  administrators,  and  assigns,  and  at 
their  own  costs  and  charges,  to  ask,  demand,  and  by  all  lawful  ways  and 
means  recover  and  receive,  of  the  said  M.  N.,  his  heirs*  executors,  admin- 
istrators, and  assigns,  all  money  due  or  to  become  due  on  the  said  judgment, 
and  sue  out  executions  upon  the  said  judgment,  or  prosecute  any  legal  pro- 
ceeding upon  said  judgment,  which  I  might  do  for  recovery  thereof;  and 
on  payment  or  collection  of  the  same,  to  acknowledge  satisfaction,  or  give 
other  good  and  sufl5cient  releases  and  discharges. of  the  said  judgment ;  and 
other  attorneys  one  or  more  under  him  for  the  purpose  aforesaid,  to  make 
and  substitute,  and  at  pleasure  to  revoke.  And  whatsoever  the  said  Y.  Z.. 
his  attorney  or  substitute  shall  lawfully  do  in  the  premises,  I  do  hereby 
allow  and  confirm. 

And  I  do  hereby  covenant  to  and  with  the  said  Y.  Z.,  his  executors,  ad- 
ministrators, and  assigns,  that  there  is  now  due  and  owing  to  me,  from  the 
said  M.  N.,  the  sum  of  dollars,  with  interest  thereon,  from  the 

day  of  ,  18    ,  and  that  I  have  not  received,  and  will  not  receive,  any 

part  of  said  sum  or  interest  [except,  etc.],  and  have  not  done  and  will  not 
do  any  thing  to  hinder  the  said  Y.  Z.  from  enforcing  the  said  judgment. 

In  witness,  etc. 


290.  27ie  Same  ;  Another  Form. 

Recovery $538.14 

Costs 14.25 


TnxB 

OP 

The  Cause. 


552.39 


Judgment-roll  filed  in  the  oflBce  of  the  clerk 
of  ,  June  10th,  18    . 

In  consideration  of  dollars  to  me  paid,  I  hereby  sell,  assign,  and 

transfer  to  Y.  Z,  the  judgment  above  mentioned,  for  his  use  and  benefit, 
hereby  authorizing  him  to  collect  and  enforce  payment  thereof  in  my  name, 
or  otherwise,  but  at  his  own  cost  and  charges,  and  covenanting  that  the 
sum  of  dollars,  with  interest  from  the       day  of  ,  18    ,  is  due 

thereon. 

In  witness,  etc. 

[Signature.]    [Seal.] 

291.  The  Same  Form;  to  be  Indorsed  on  Transcript. 

In  consideration  of  dollars,  I  hereby  sell,  assign,  and  transfer  tc 

Y.  Z.  the  judgment  mentioned  in  the  within  transcript ;  and  I  do  constitut/e 
him  my  attorney,  in  my  name  or  otherwise,  but  at  his  own  costs  and 
charges,  and  for  his  own  benefit,  to  sue  out  any  process  or  prosecute  anj 
proceedings  which  may  be  proper  or  necessary  to  enforce  the  same. 

[A'^d  covenant  of- amount  due,  etc.,  if  desired.] 


ASSIGNMENTS.  125 


licase.  Mortgage. 

292.   Assignment  of  Lease. 

{As  in  Form  275  to  the  *,  continuing  thus ;]  a  certain  indenture  of  lease, 
bearing  date  the        day  of  ,  in  the  year  one  thousand  eight  hundred 

and  ,  made  by  M.  N".,  of  ,  to  me  the  said  A.  B.,  of  a  certain 

dwelling-house  and  lot,  situate  in  ,  with  all  and  singular  the  premises 

therein  mentioned  and  described,  and  the  buildings  thereon,  together  with 
the  appurtenances;  (A)  to  have  and  to  hold  thb  same  unto  the  said  Y.  Z.,  his 
heirs,  executors,  administrators,  and  assigns,  from  the        day  of  next, 

for  and  during  all  the  rest,  residue,  and  remainder  of  the  term  of 
years  mentioned  in  the  said  indenture  of  lease ;  subject,  nevertheless,  to  tlio 
rents,  covenants,  conditions,  and  provisions  therein  also  mentioned.  And 
I  do  hereby  covenant  and  agree  to  and  with  the  said  Y.  Z.  that  the  said 
assigned  fjremises  now  are  free  and  clear  of  and  from  all  former  and  other 
gifts,  grants,  bargains,  sales,  leases,  judgments,  executions,  back  rents, 
taxes,  assessments  and  encumbrances  whatsoever. 

In  witxess,  etc. 

293.  Assignment  of  a  Mortgage.(i) 

Know  all  mek  by  these  presents,  that  whereas  M.  N.,  of  ,  on  the 

day  of  ,  by  his  deed  of  mortgage  of  that  date,  for  the  considera- 

tion of  ,  did  grant,  bargain,  sell,  and  convey  unto  me,  A.  B.,  of         , 

my  heirs  and  assigns,  all  and  singular  [here  describe  the  mortgaged  prem- 
ises], to  have  and  to  hold  the  same  to  me  the  said  A.  B.,  my  lieirs  and  as- 
signs, forever,  upon  condition  [here  recite  the  conditions  of  the  mortgage]. 
NoAV,  therefore,  I,  the  said  A.  B.,  in  consideration  of  the  sum  of  ,  to 

me  in  hand  paid  before  the  ehsealing  hereof,  do  by  these  presents  sell,  as- 
sign, transfer,  and  set  over  unto  Y.  Z.,  of  ,  his  heirs  and. assigns,  for- 
ever, the  said  [j>remises\  to  have  and  to  hold  the  same  to  him,  the  said 
Y.  Z.,  his  heirs  and  assigns,  forever,  as  fully  and  in  as  ample  a  manner  as  I, 

(A)  If  the  lease  has  been  recorded,  it  is  23  Barb.,  461.     Thus,  an  assignment  of  a 

convenient,  but  not  essential,  here  to  add,  bond,  or  other  debt  secured  by  mortgage, 

"  which  said  indenture  of  lease  was  re-  carries  the  mortgage.    Jackson  v.  Blodget, 

corded  in,  etc.,"   referring  to  the  book  5  Cow.,  202;   Langdon  v.  Jiuel,  9  Wend., 

and  page  of  the  record,  and  giving  the  80 ;    Kose  v.  Baker,   13  Barb.,  230 ;   De 

day  of  recording.  Grant  v.  Graham,  1  N.  Y.  Leg.  Obs.,  75. 

By  a  general  grant  of  the  reversion  upon  An  assignment  of  a  lease  carries  any  aux- 

a  lease,  the  rent  reserved  will  pass  as  in-  iliary  covenants.      Thompson  v.  Kose,  8 

cident  to  it.     But  a  general  grant  of  the  Cow.,  266  ;  Breese  v.  Bange,  2  E.  D.  Smith, 

rent  will  not  carry  the   reversion.     The  474.     So   an  assignment  of  a  judgmeuS 

lessor  may  assign  the  rent  to  become  due  carries  the  debt  (De  Grant  v.  Graham,  1 

upon  a  lease  without  assigning  the  rever-  N.  Y.  Leg.  Obs.,  75)  and  an  undertaking 

sion  ;  or  he  may  grant  the  reversion,  re-  auxiliary  to  it.      Bowdoin  ■».  Coleman,  6 

serving  the  rent  by  special  words.     De-  Duer,  182;  Z  Abbotts'  Pr.,  431.     And  an 

marest  v.  Willard,  8  Cow.,  206  ;  Willard  v.  assignment  of  shares  of  stock  in  a  corpo- 

Tilman,  2  Hill,  274.  ration  will  carry  the   interest   of  the  as- 

{i)  In  general,  an  assignment  of  a  prin-  signor  in   profits  already  made,  but  not 

cipal  demand  carries,  by  implication,  all  yet  ascertained   and  declared.     Kane  v. 

collateral  Becurities.    Parmelee  v.  Dann,  Bloodgood,  7  Johns.  Ch.,  90. 


126  ABBOTTS'  FORMS. 


Mortgage  and  Bond  or  Note.  Partnership  Interest. 

the  said  A.  B.,  ray  heirs  or  assigns,  might  hold  and  enjoy  the  same  by  virtue 
of  the  mortgage-deed  aforesaid,  and  not  otherwise. 

And  I  do,  for  myself,  my  heirs,  executors,  and  administrators,  hereby 
authorize  and  empower  the  said  Y.  Z.,  his  heirs,  executors,  and  adminis- 
trators, to  receive  to  his  and  their  own  use  the^sum  or  sums  mentioned  in 
the  condition  of  said  deed,  whenever  the  same  shall  be  tendered  or  paid  to 
him  or  them,  by  the  said  M.  N.,  his  heirs,  executors,  or  administrators, 
agreeably  thereto,  and  to  discharge  the  said  mortgage,  or  to  take  and  pursue 
such  other  steps  and  means  for  recovery  of  the  said  sum  or  sums,  with  the 
interest,  by  sale  of  the  said  mortgaged  premises,  or  otherwise,  as  by  law  are 
provided,  as  fully  to  all  intents  and  purposes  as  I,  the  said  A.  B.,  my  heirs, 
executors,  or  administrators  might  or  could  do. 

And  I  do,  for  myself,  my  heirs,  executors,  and  administrators,  covenant 
with  the  said  Y.  Z.,  his  heirs  and  assigns,  that  I  have  good  right  to  assign 
the  said  premises  as  aforesaid ;  and  that  he,  the  said  Y.  Z.,  shall,  and  may 
have,  hold,  occupy,  possess,  and  enjoy  the  same  (subject,  however,  to  the 
right  of  redemption,  as  by  law  in  such  cases  is  provided),  against  the  law- 
ful claim  of  all  persons. 

In  witness,  etc. 

294.  Assignment  of  a  Mortgage,  with  the  Bond  or  Note. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  considera- 

tion of  the  sum  of  dollars,  lawful  money  of  the  United  States  [to  me 

paid  before  the  ensealing  and  delivery  of  these  presents,  the  receipt 
whereof  is  hereby  acknowledged],  have  sold,  assigned,  transferred,  and 
set  over,  and  by  these  presents  do  sell,  assign,  transfer,  and  set  over,  unto 
Y.  Z.,  of  ,  a  certain  indenture  of  mortgage,  bearing  date  the         day 

of  ,  18    ,  made  by  M.  N.,  of  ,  to  secure  the  payment  of 

dollars,  payable  in  years  from  the  date  thereof,  with  interest  semi- 

annually, at  the  rate  of  per  cent,  [which  mortgage  was  recorded,  etc.],(j) 
together  with  the  bond  or  obligation  therein  described  [or,  with  the  notes 
secured  thereby],  and  the  money  due  and  to  grow  due  thereon,  Avitli  the 
interest :  To  have  and  to  hold  the  same  unto  the  said  Y.  Z.,  his  executors, 
administrators,  and  assigns,  forever,  subject  only  to  the  proviso  in  the  said 
indenture  of  mortgage  mentioned ;  and  I  do  hereby  ma,ke,  constitute,  and 
appoint  the  said  party  of  the  second  part  my  true  and  lawful  attorney,  ir- 
revocable, in  my  name  or  otherwise,  but  at  his  proper  costs  and  charges,  to 
have,  use,  and  take  all  lawful  ways  and  means  for  the  recovery  of  the  said 
money  and  interest ;  and  in  case  of  payment,  to  discharge  the  same  as 
fully  as  I  might  or  could  do,  if  these  presents  were  not  made. 

In  witness,  etc. 

295.  Assignment  of  Partnership  Property  ly  one  Partner  to  Another,  to 
Close  the  Concern. 

Whereas  a  copartnership  has  heretofore  existed  between  A.  B.   and 

{j)  It  18  convenient,  but  not  necess.nry,  the  mortgage  is  recorded,  and  to  gire  the 
here  to  refer  to  the  book  and  page  where    day  of  recording. 


ASSIGNMENTS.  127 


Partnership  Interest. 


y.  Z.,  both  of  ,  under  the  firm-name  of  B.  &  Z ,  which  said  co- 

partnership is  hereby  dissolved. 

Now,  therefore,  this  indenture,  made  this        day  of  ,  in  the  year 

,  between  the  said  A.  B.,  party  of  the  first  part,  and  the  said  Y.  Z., 
party  of  the  second  part,  witnesseth :  That  the  said  A.  B.  doth  hereby  sell 
and  assign  to  the  said  Y.  Z.  his  moiety  of  all  the  stock  in  trade,  and  prop- 
erty, of  every  description,  belonging  to  the  said  copartnership,  wherever 
the  same  may  be,  together  with  all  debts  and  things  in  action,  due  said 
firm,  from  all  persons,  to  have  and  to  hold  the  same  to  the  said  Y.  Z., 
and  his  assigns,  forever,  in  trust,  for  the  following  purposes — namely :  That 
the  said  Y.  Z.  shaU  sell  and  dispose  of  all  the  property  and  effects  belong- 
ing to  said  firm,  at  such  time  and  in  such  manner  as  he  may  think  prudent; 
and  shall,  with  reasonable  diligence,  collect  all  the  debts  due  said  firm  ;  and 
shall,  out  of  the  proceeds  of  said  sales,  and  with  the  moneys  thus  collected, 
pay  all  the  debts  now  due  from  said  firm,  as  far  as  the  proceeds  of  said 
sales,  and  the  sums  of  money  collected,  will  go ;  and  after  fully  satisiying 
all  demands  against  said  firm,  if  there  be  any  surplus,  shall  pay  over  one 
moiety  thereof  to  said  A.  B.,  or  his  representatives. 

AxD  THE  SAID  A.  B.  doth  hereby  constitute  the  said  Y.  Z.  his  attorney, 
irrevocable,  in  his  the  said  Y.  Z.'s  own  name,  or  in  the  name  of  the  said 
firm,  to  collect  all  debts  due  said  firm  ;  to  institute  and  prosecute  suits  for 
the  recovery  of  said  debts,  or  to  compound  the  same,  as  he  may  judge  most 
expedient ;  to  defend  all  suits  against  said  firm ;  to  execute  all  such  ac- 
quittances as  may  be  necessary ;  and,  generally,  to  do  all  such  acts  and 
things  as  may  be  necessary  or  proper,  for  complete  settlement  of  all  the 
business  and  concerns  of  the  said  copartnership. 

AxD  THE  SAID  Y.  Z.,  for  himself,  and  his  heirsf  executors,  and  adminis- 
trators, hereby  covenants  with  the  said  A.  B.,  and  his  executors,  adminis- 
trators, and  assigns,  that  he  will  sell  and  dispose  of  aU  the  partnership 
property  and  effects,  to  the  best  advantage ;  that  he  will  use  his  best  en- 
deavors to  collect  aU  debts  due  said  firm ;  and  that  he  will  faithfully  apply 
the  proceeds  of  sales,  and  the  moneys  collected,  to  the  payment  of  all  debts 
due  from  said  firm,  as  far  as  the  same  will  go ;  and  after  discharging  all 
such  debts,  wUl  pay  over  to  the  said  A.  B.,  or  his  representatives,  one 
moiety  of  any  surplus  that  may  remain ;  and  further,  that  he  will  keep  an 
accurate  account  of  aU  moneys  received  by  him,  for  goods  sold  or  debts 
collected,  as  well  as  of  all  moneys  paid  out,  and  will  render  a  just  account 
thereof  to  the  said  A.  B.,  or  his  representative?. 

And  the  said  A.  B,,  for  himself,  his  heirs,  executors,  and  administrators, 
covenants  with  the  said  Y.  Z.,  his  executors,  administrators,  and  assigns, 
that  if  it  shall  be  found  that  the  debts  due  from  said  firm  exceed  the  amount 
of  moneys  received  from  the  sale  of  said  partnership  property,  and  the 
debts  collected,  he  will  pay  the  said  Y.  Z.,  or  his  assigns,  one  mciety  of  any 
balance  that  may  then  be  found  due  from  the  said  firm. 

In  WITNESS,  etc. 


128  ABBOTTS'  FORMS. 


Patent  Rights. 


296.  Assignment  of  Entire  Interest  in  Patentable  Invent  ion.  (k) 

Whebeas,  I,  A.  B.,  of  ,  have  invented  certain  new  and  useful  im- 

provements in  ploughs,  for  which  I  am  about  to  make  application  for  letters 
patent  of  the  United  States ;  and  whereas  Y.  Z.,  of  ,  has  agreed  to 

purchase  from  me  all  the  right,  title,  and  interest  which  I  have,  or  may 
have,  in  and  to  the  said  invention  in  consequence  of  the  grant  of  letters 
patent  therefor,  and  has  paid  to  me.  the  said  A.  B.,  the  sum  of  dollars, 
the  receipt  of  which  is  hereby  acknowledged :  N^ow,  this  indenture  wit- 
nesseth,  that  for  and  in  consideration  of  the  said  sum  to  me  paid,  I  have 
assigned  and  transferred,  and  do  hereby  assign  and  transfer,  to  the  said 
Y.  Z.,  the  full  and  exclusive  right  to  all  the  improvements  made  by  me,  as 
fully  set  forth  and  described  in  the  specification  which  I  have  prepared  and 
executed  preparatory  to  the  obtaining  of  letters  patent  therefor.  And  I  do 
hereby  authorize  and  request  the  Commissioner  of  Patents  to  issue  the 
said  letters  patent  to  the  said  Y.  Z.,  as  the  assignee  of  my  whole  right  and 
title  thereto,  for  the  sole  use  and  behoof  of  the  said  Y.  Z.,  and  his  legal 
representatives. 

In  testimony  wheheof,  I  have  hereunto  set  my  hand  and  affixed  my  seal, 
this        day  of  ,  18    . 

Sealed  and  delivered  in  presence  of  A.  B.  [Seal.] 

[Signatures  of  two  witnesses.] 

297.  Assignment  of  Part  Interest. 

Whereas,  I,  A.  B.,  of  ,  did  obtain  letters  patent  of  the  United  States 

for  certain  improvements  in  ploughs,  which  letters  patent  bear  date  the 
day  of        ,  18    ;  and  whereas  Y.  Z.,  of  ,  is  desirous  of  acquiring  an 

interest  therein :  Now,  this  indenture  witnesseth,  that  for  and  in  con- 
sideration of  the  sum  of  dollars,  to  me  in  hand  paid,  the  receipt  of 
which  is  hereby  acknowledged,  I  have  assigned,  sold,  and  set  over,  and  do 
hereby  assign,  sell,  and  set  over,  unto  the  said  Y.  Z.,  all  the  right,  title,  and 
interest  which  I  have  in  the  said  invention,  as  secured  to  me  by  said  letters 

(it)  The  above  form  and  that  wliich  fol-  An  inventor  can  assign  his  entire  right 

lows  it  are  the  forms  of  assignments  of  before  a  patent  is  obtained,  so  as  to  enable 

patent  interests,  recommended  in  the  offi-  the  assignee  to  take  out  a  patent  in  his 

cial  instractious  issued  from  the  Patent-  own  name ;  but  the  assignment  must  first 

Office.  be  recorded,  and  the  specification  sworn 

The  assignee  of  an  invention  may  have  to  by  the  inventor, 

the  patent  issued  to  him  directly,  but  this  After  a  patent  is  obtained,  the  patentee 

is  held  to  apply  only  to  an  assignee  of  an  may  grant  the  right  to  make  or  use  the 

entire  interest.     When  tlie  inventor  as-  thing  patented,  in  any  specified  portion 

signs  the  entire  interest  to  two  or  more  of  tlie  United  States. 

persons,  the  patent  will  be  issued  to  them  Every  assignment  or  grant  of  a  patent 

jointly.     But  if  he  assigns  only  a  part,  re-  should  be  recorded  within  three  months 

taining  a  portion  in  himself,  a  patent  will  from  its  date  ;  but,  if  recorded  after  that 

not  be  issued  to  him   and  liis  assignee  time,    it    will    protect    the    assignee    or 

jointly.     He  may,  however,  make  himself  grantee  against  any  one  purchasing  after 

an  assignee  of  a  part  interest.  the  assignmentorgrantk  placed  on  record. 


ASSIGNMENTS,  129 


Policy  of  Insurance. 


patent,  for,  to,  and  in  the  several  States  of  New  York,  New  Jersey,  and 
Pennsylvania,  and  in  no  other  place  or  places ;  the  same  to  be  held  and  en- 
joyed by  the  said  Y.  Z.,for  his  own  use  and  behoof,  and  for  the  use  and 
behoof  of  his  legal  representatives,  to  the  full  end  of  the  term  for  which 
Baid  letters  patent  are  granted,  as  fully  and  entirely  as  the  same  would 
have  been  held  and  enjoyed  by  me  had  this  assignment  and  sale  not  been 
made. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  aflSxed  my  seal, 
this  day  of  ,  18    . 

Sealed  and  delivered  in  presence  of  A.  B.  [Seal.] 

[Signatures  of  two  witnesses.] 

298.  Assignment  of  Letters  Patent. 

Know  all  men  by  these  presents,  that  whereas  I,  A.  B.,  of  ,  did 

obtain  letters  patent  of  the  United  States  for  certain  improvements  in 
clocks,  which  letters  patent  bear  date  the  day  of  ,18     ;  and 

whereas  Y.  Z.,  of  ,  is  desirous  of  purchasing  from  me  all  the  right, 

title,  and  interest  which  I  have  in  and  to  the  said  invention,  in  consequence 
of  the  grant  of  letters  patent  therefor.  Now  I,  the  said  A.  B.,  in  con- 
sideration of  dollars  [to  me  paid  before  the  sealing  and  delivery  pf 
these  presents,  the  receipt  whereof  is  hereby  acknowledged],  have  sold, 
assigned,  transferred,  and  set  over,  and  by  these  presents  do  sell,  assign, 
transfer,  and  set  over,  unto  the  said  Y.  Z.,  his  executors,  administrators,  and 
assigns,  all  the  riglit,  title,  and  interest  which  I  have  in  and  to  the  said  in- 
vention, as  secured  to  me  by  the  said  letters  patent,  to  have  and  to  hold 
the  same  to  the  said  Y.  Z.,  his  executors,  administrators,  and  assigns,  for 
his  and  their  own  use  and  behoof,  to  the  full  end  of  the  term  for  which  the 
said  letters  patent  were  granted,  as  fully  and  entirely  as  the  same  would 
have  been  held  and  enjoyed  by  me  had  this  assignment  not  been  made. 

In  witness  wheeeof,  I  have  hereunto  set  my  hand  and  seal,  this 
day  of  ,  18     . 

Sealed  and  delivered  in  presence  of  A.  B.  [Seal.] 

f Signatures  of  two  witnesses.] 

299.  Assignment  of  Policy  of  Insurance. 

Know  all  men  by  these  presents,  that  whereas  the  Insurance 

Company  have  heretofore,  for  value  received,  issued  to  me  their  policy  of 
insurance,  in  writing,  dated  the  day  of  >  18    ,  whereby  they 

insured  the  building  [specify  the  building  insured]  against  loss  or  damage 
by  fire  [or,  the  life  of  ,  or  otherwise  state  the  nature  of  the  policy  to 

be  assigned]  in  the  sum  of  dollars. 

Now  1,  A.  B.,  of  ,  in  consideration  of  dollars,  lawful  money 

of  the  United  States  [to  me  paid  before  the  sealing  and  delivery  of  these 
presents,  the  receipt  whereof  is  hereby  acknowledged],  have  sold,  assigned, 
transferred,  and  set  over,  and  by  these  presents  do  sell,  assign,  transfer, 
and  set  over,  unto  Y  Z.,  of  ,  the  said  policy  of  insurance,  and  all  sum 

9 


130  ABBOTTS'  FORMS. 


Recipe.  SheriflTs  Assignment. 

and  sums  of  money,  interest,  benefit  and  advantage,  whatsoever,  now  due, 
or  hereafter  to  arise,  or  to  be  had  or  made,  by  virtue  thereof;  to  have  and 
to  hold  the  same  unto  the  said  Y.  Z.,  and  his  executors,  administrators,  and 
assigns,  forever. 
In  witness,  etc, 

300.  Approval^  to  he  Indorsed  on  the  Preceding  Assignment. 

The  above  assignment  is  approved. 

M.  N.,  President  [or,  Secretary] 

of  the  Insurance  Company. 

301.  Assignment  of  Recipe  for  Malcing  a  Medicine. 

Know  all  men  by  these  presents,  that  whereas  I,  A.  B.,  of  ,  am 

the  inventor  and  proprietor  of  a  certain  method  of  manufacturing  a  certain 
useful  and  marketable  medicine  known  as  the  Eagle  Tonic  Bitters,  accord 
ing  to  a  recipe  in  my  possession. 

Now  I,  the  said  A.  B.,  in  consideration  that  Y.  Z.,  of  ,  has  made 

and  delivered  to  me  his  covenant  in  writing  and  under  seal,  to  pay  to  me 
the  sum  of  dollars  in  each  and  every  year  for  years,  out  of  the 

profits  of  him,  or  his  executors,  administrators,  or  assigns,  in  making  and 
selling  said  medicine,  have  delivered  unto  the  said  Y.  Z.  a  recipe,  or  paper 
writing,  containing  directions  for  manufacturing  said  medicine,  and  have 
sold,  assigned,  transferred,  and  set  over,  and  by  these  presents  do  sell,  assign, 
transfer,  and  set  over,  unto  the  said  Y.  Z.,  the  exclusive  right  as  against  me, 
and  my  executors,  administrators,  and  assigns,  to  manufacture  and  sell  the 
said  medicine  forever. 

And  I  do  for  myself,  my  executors,  administrators,  and  assigns,  covenant 
and  agree  to  and  with  the  said  Y.  Z.,  his  executors,  administrators,  and 
assigns,  that  the  said  recipe  contains  full,  true,  and  exact  directions  for 
making  the  said  medicine ;  that  I  have  not  heretofore,  and  will  not  at  any 
time  hereafter,  without  the  consent  of  him  or  them,  directly  or  indirectly, 
disclose  the  secret  of  the  composition  thereof;  and  that  I  will  not,  without 
the  like  consent,  make  or  compound  for  sale,  or  be  in  any  way  interested 
in  making  or  compounding  for  sale  the  said  medicine,  or  any  medicine  con- 
taining the  same  or  similar  ingredients,  and  designed  for  the  like  purpose. 

In  wiTNKas,  etc. 

302.  Assignment  ly  a  Sheriff,  to  his  Stiecessor  in  Office. 

This  indenture,  made  this  day  of,  etc.,  between  A.  B.,  former  sheriff 

of  the  county  of  ,  of  the  first  part,  and  Y.  Z.,  the  present  sheriff 

thereof,  of  the  second  part,  witnesseth :  That  the  said  A.  B.  doth,  by  and 
with  these  presents,  deliver  to  the  said  Y.  Z.,  his  said  successor,  the  jail  of 
the  said  county,  with  its  appurtenances,  with  the  property  of  the  said 
county  therein,  all  the  prisoners  confined  therein,  all  process,  orders,  rules, 
commitments,  and  all  other  papers  and  documents,  in  the  custody  of  the 
said  A.  B.,  as  former  sheriff  as  aforesaid,  authorizing  or  relating  to  the 


ASSIGNMENTS.  131 


Stock.  Wages. 

confinement  of  such  prisoners,  and  each  and  every  of  them ;  and  in  those 
cases  where  any  such  process  has  been  returned,  a  statement  in  writing  of 
the  contents  thereof,  and  when  returned ;  all  writs,  summonses,  and  com- 
plaints, to  be  served,  and  all  mense  process,  and  all  precepts  and  other  docu- 
ments for  summoning  of  a  grand  or  petit  jury,  now  in  the  hands  of  the  said 
A.  B.,  and  which  have  not  yet  been  fully  executed  by  him ;  all  executions, 
attachments,  and  final  process,  now  in  the  hands  of  the  said  A.  B.,  except 
such  as  he  has  executed,  or  has  begun  to  execute,  by  the  collection  of  money 
thereon,  or  by  a  levy  on  property,  in  pursuance  thereof.  The  delivery  is 
made  under  and  in  pursuance  of  [here  specify  the  statute].  And  the  said 
A.  B.  doth  also  herein  and  hereby  recite  and  certify  the  property,  process, 
documents,  and  prisoners  delivered,  specifying  herein  the  process,  or  other 
authority,  by  which  each  of  those  prisoners  was  committed  and  is  detained, 
and  whether  the  same  be  returned  or  delivered  to  the  said  Y.  Z.,  the  said 
present  sheriff  (who  hath,  on  the  duplicate  hereof,  acknowledged  in  writing 
the  receipt  of  such  property,  process,  documents,  and  prisoners  herein 
specified) — that  is  to  say : 

1.  The  property  herewith  delivered  is  as  follows:  [specify  it.l 

2.  The  process  herewith  delivered  is  as  follows  :  [give  names  of  parties, 
description  of  process,  title  of  court.] 

3.  The  documents  herewith  delivered  are  as  follows :  [give  list  of  them.] 

4.  The  prisoners  herewith  delivered  are  as  follows :  [name  them,  with  the 
dates  of  commitment,  offences,  etc.] 

In  witness  whereof,  the  parties  hereto  have  hereunto  interchangeably 
set  their  hands  and  seals,  the  day  and  year  first  above  written. 

Sealed  and  delivered  )  A.  B.  [Seal.] 

in  preseace  of         j  Y.  Z.  [Seal.] 

Witnesses'  names. 


303.  Assignment  of  Shares  in  Corporate  Stoch(l) 

[As  in  Form  275  to  the  *,  continuing  thus :]  all  my  right,  title,  and  in- 
terest in  the  shares,  scrip,  and  capital  stock  and  property  of  the  corporation 
and  concern  known  as  the  Conjpany,  which  company  has  its  place 

of  business  in  the  County,   in  the  State  of 

And  I  further  covenant  and  agree,  to  and  with  the  said  Y.  Z.,  his  ex- 
ecutors, administrators,  and  assigns,  that  at  the  request  of  him  or  them,  I 
and  my  executors,  administrators,  and  assigns,  shall  and  will  at  all  times 
hereafter  execute  any  instrument  that  may  be  necessary  to  vest  completely 
in  him  or  them  all  my  right,  title,  and  interest  to  said  property,  scrip,  and 
stock,  and  to  enable  him  or  them  to  possess,  control,  enjoy,  and  transfer  all 
the  property  and  choses  in  action  herein  assigned,  or  intended  to  be  assigned. 

(I)  In  Harper  v.  Raymond,  3  Bosw.,  29,  ance  of  the  contract,  they  may  be  read 

and  7  Abbotts'  Pr.,  182,  it  was  held  that  together  to  determine  the  intent ;  but  if 

where   ii  contract  for  an   asi^ignment  of  the  assignment  is  unequivocal,  its  terms 

stock  is  made,  and  an  assignment  is  after-  must  control, 
wards  delivered  and  accepted  in  pursu- 


132  ABBOTTS'  FORMS. 


Miscellaneous  Property.  Corporate  Assignment. 

804.  Assignment  of  Wages  Due. 

[As  in  Form  275  to  the  *  continuing  thus:']  any  and  all  sum  or  sums  of 
money  now  due,  or  to  grow  due,  to  me  from  M.  N.,  as  wages  for  my  services 
as  seaman  on  board  the  ship  ,  during  her  voyage  from  New  York  to 

Liverpool  and  back  in  the  year  18  [or,  as  journeyman  carpenter,  between 
tlie        day  of  >  18    ,  and  the        day  of  i  18    ,  or  otherwise 

specify  the  services  for  which  wages  are  claimed].  And  I  do  hereby  give 
the  said  Y.  Z.,  his  executors,  administrators,  and  assigns,  the  full  power  and 
authority  to  ask,  demand,  collect,  receive,  compound,  and  give  acquittance 
for  the  same  or  any  part  thereof,  and  in  my  name  or  otherwise,  but  at  his 
or  their  own  cost,  to  prosecute  and  withdraw  any  suits  or  proceedings  at 
law  or  in  equity  therefor. 

305.  Assignment  of  Miscellaneous  Property,  Described  in  a  Schedule.(m) 

[As  in  Form  275  to  the  *,  continuing  thus :]  all  the  goods,  wares,  mer- 
chandise, notes,  accounts,  debts,  demands  [or  otherwise,  according  to  the 
contents  of  the  schedule]  specified  in  the  schedule  annexed  to  this  assign- 
ment, to  have  and  to  hold  the  same  unto  the  said  Y.  Z.,  his  executors,  ad- 
ministrators, and  assigns,  forever,  to  and  for  his  and  their  own  proper  use 
and  benefit. 

[Add  power  to  sue,  and  special  covenants  such  as  may  be  appropriate  to 
the  nature  of  the  scheduled  property,  forms  for  which  will  be  found  be- 
low.   Annex  schedule  designating  the  property  to  be  assigned.] 

306.  Assignment  by  a  Corporation. 

Ksow  ALL  MEN  by  these  presents,  that  we,  the  A.  B.  Company,  of  , 

a  corporation  organized  under  the  laws  of  the  State  of  ,  and  having  a 

principal  office  at  ,  in  said  State,  in  pursuance  of  a  resolution  of  the 

directors  of  the  said  company,  passed  on  the  day  of  ,  18     ,  in 

consideration  of  dollars  [to  us  paid  before  the  sealing  and  delivery  of 

these  presents,  the  receipt  whereof  is  hereby  acknowledged],  hav6  sold, 
assigned,  transferred,  and  set  over,  and  by  these  presents  do  sell,  assign, 
transfer,  and  set  over,  unto  Y.  Z.,  of  ,  all  the  shafting,  machinery, 

tools,  dies,  moulds,  furniture,  and  fixtures  belonging  to  us,  and  contained  in 
our  factory  building  at  ;  also  all  the  stock  and  material  of  every  kind, 

whether  in  a  raw,  manufactured,  or  partially  manufactured  state;  all  farm 
produce  and  farming  implements,  and  all  office  and  household  furniture, 
and  fixtures  of  every  kind,  belonging  to  us  and  contained  in  our  building, 
and  on  our  premises  at  ,  and  in  our  office  at  ;  together  with 

{m)  An  inatrument  by  which  the  assignor  all  rights  thereto  appertaining,  which  are 

declares  that  he  assigns, etc.,  "all  his  prop-  assignable  in  their  nature.    A  right  ofac- 

erty  and  estate  of  everj-  name,  kind,  nature,  tion  for  the  conversion  of  chattels  belong- 

and  description,"  is  sufficiently  broad  to  ing  to  the  assignor,  will  pass  by  such  words, 

pass  all  *he  property  of  the  assignor,  and  McKee  v.  Judd,  12  iV.  Y.  (2  Kern.),  622. 


ASSIGNMENTS  IN  TRUST  FOR  CREDITORS.  133 

The  Eight  to  make  Preferences. 

all  goods  and  merchandise  belonging  to  us  on  the        day  of  ,  18    ,  in 

the  hands  of  \iiaming  any  agents  of  the  company  holding  its  goods  for  sale\ 

For  a  more  full  and  accurate  description  of  the  property  hereby  conveyed, 
reference  is  made  to  an  inventory  of  said  property,  bearing  date  on  the 
day  of  ,  18      ,  and  contained  in  the  Inventory  Book  of  said 

company  \or  otherwise  designate  the  inventory^ 

In  witness  wheeeof,  the  said  company  have  hereto  affixed  their  seal, 
and  the  president  and  secretary  their  signatures,  this        day  of  ,  18    . 

In  presence  of  M.  N.,  President. 

^Witness's  name.']  [^Corporate  seal.'\  O.  P.,  Secretary. 


CHAPTER  X. 

ASSIGNMENTS  IN  TRUST  FOR  CREDITORS. 

What  is  commonly  known  as  a  general  assignment,  or  an  assignment  in 
trust  for  the  benefit  of  creditors,  is  usually  a  transfer  of  all,  or  the  bulk  of  the 
property  of  one  who  finds  himself  to  be  insolvent,  to  a  trustee,  upon  trust  to 
sell  it  and  distribute  the  proceeds  among  the  creditors  of  the  insolvent. 

As  respects  the  way  in  which  the  various  creditors  shall  share  in  the  distribu- 
tion of  their  debtor's  assets,  the  debtor,  in  the  absence  of  legislation  to  the  con- 
trary, may  distribute  his  property  among  them  as  he  please8.(a)  To  restrain 
frauds  and  mischief  arising  under  the  free  operation  of  this  rule,  the  statute  13 
Eliz.,  cli.  5,  was  passed.  It  recites  that  transfers  of  property  were  often  made 
with  intent  to  "delay,  hinder,  and  defraud  creditors  and  others"  of  their  just 
and  lawful  demands  ;  and  declares  every  transfer  of  property  made  with  such 
intent  to  be  void  as  against  the  persons  delayed,  etc. 

The  principle  of  this  statute  has  been  generally  adopted  throughout  the 
United  States  as  a  part  of  our  common  law.(6)  Irrespective  of  any  special 
statute  in  the  particular  State,  the  validity  of  an  assignment,  upon  its  face,  is 
ordinarily  tested  by  inquiring  whether  its  provisions  are  such  that  it  tends  to 
delay,  liinder,  or  defraud  creditors  ;  so  that  it  falls  vrithin  the  prohibition  of  the 
statute  of  Elizabeth. 

In  addition  to  the  adoption  of  the  principle  of  the  English  statute  as  a  part 
of  our  jurisprudence  upon  this  subject,  many  of  the  United  States  have  passed 
special  statutes ; — either  recognizing  the  right  of  a  debtor  to  give  certain  cred- 
itors a  preference  over  others  in  the  distribution  of  the  property  he  may  assign, 
but  providing  strict  guards  against  fraud  in  the  exercise  of  that  right  ;(c)  or 

(a)  Jackson  v.  Brownell,  3  Cai.,  222;  438;  Cunningham  t?.  Freeborn,  11  Wend., 

McMenomy   v.    Ferrers,     3    Johns.,    71;  241. 

Wilkes   V.  Ferris,  5  lb.,  335;   Hyslop  v.  (J)  See  2  Kent's  Comm.  [440],  548;  4  76. 

Clarke,  14  lb.,  458;  Murray  v.  Riggs,  15  [463],  510;  1  Slory's  Eq.,  %  353. 

lb.,  571  ;  Hendricks  v.  Robinson,  2  Jvhns.  (c)  Such  a  statute  is  that  passed  in  New 

Oh.,  283  ;  afBrnied,  17  Jokns.,  488  ;  McMe-  York  in  1860.      Laws  of  1860,  ch.   348. 

nomy  «.    Roosevelt,   3  Johns.   G4.,   446;  It  provides  that  assignments  must  be  in 

NicoU  «.  Mumford,  4  lb.,  522;  Williams  writing,  and  acknowledged  and  recorded ; 

c.  Brown,  4  lb.,  682  ;  Wilder  v.  Winne,  6  that  the  assignor  shall  deliver  to  the  coun- 

6b«i.,  284;   Wintringham    o.  La    Foy,  7  ty  judge  a  sworn  schedule,  containing  an 

lb.,  735;  Jackson  v.  Cornell,  1  Sand.  Ch.^  account  of  the  creditors,  stating  their  resi- 


134: 


ABBOTTS'  FORMS. 


What  Preferences  are  Unlawful. 


allowing  the  bare  right  to  make  an  assignment  for  the  benefit  of  all  creditors, 
but  forbidding  any  preference  or  favor  of  one  over  another.(d) 

An  assignment  with  preferences  must  be  drafted  in  such  a  manner  that  none 
of  its  provisions  can  be  seen  to  create  or  involve  any  imnecessary  delay,  hin- 
drance, or  embarrassment  to  the  general  right  of  the  creditors  as  a  body,  to 
have  the  assets  of  the  debtor  converted  into  money,  and  that  money  applied, 
as  far  as  it  will  go,  in  discharge  of  his  debts.  If  this  right  is  injuriously  affected 
by  the  instrument,  it  will  be  adj  udged  void.(«) 

Thus  it  is  held  that  any  clauses  in  an  assignment  which  confer  any  power 
or  privilege  upon  the  assignee  inconsistent  with  the  simple  duty  of  converting 
the  assets  promptly  into  cash,  and  distributing  it  among  the  creditors,  or  which 
give  him  a  compensation  or  advantage  therein  not  allowed  by  law,  operate  to 
defraud  creditors,  and  render  the  assignment  void.  But  clauses  which  merely 
express  in  terms  powers  or  rights  which  the  law  would  confer  upon  the  assignee 
were  they  not  expressed,  are  unobjectionable.(/) 

Thus,  again,  provisions  which  tend  to  secure  some  ultimate  surplus  or  other 
benefit  or  advantage  to  the  assignor,  render  the  assignment  void.(jr) 


dences,  the  sums  due  to  thena  respectively, 
the  consideration  of  each  debt,  and  any 
collateral  security  held  for  it;  and  contain- 
ing also  an  inventory  of  all  tlie  debtor's 
estate,  stating  encumbrances  upon  it, 
vouchers  and  securities  appertaining  to 
it,  and  its  value ;  that  the  assignee  must 
give  a  bond  with  sureties  for  the  faithful 
performance  of  his  duty,  and  that  an  ac- 
counting may  be  compelled,  in  due  season, 
by  legal  proceedings  for  that  purpose. 

{d)  Thus  in  Connecticut,  the  act  of  1853 
{domp.  of  1854,  512)  makes  all  assign- 
ments for  creditors  void,  unless  made  in 
writing,  and  for  the  benefit  of  all  creditors 
in  proportion  to  their  demands ;  and  they 
must  convey  all  property  of  the  assignors, 
except  property  exempt  from  execution, 
real  property  out  of  Connecticut,  and  (in 
the  case  of  sole  assignors)  the  value  of 
$100. 

See  many  of  the  American  statutes 
cited  in  Buri-iM  on  Assignments,  19. 

(«j  Upon  this  ground  as.signments  have 
often  been  condemned.  For  instance,  for 
giving  the  assignee  power  to  name  his 
rtuccessor  (Planch  v.  Schermerhorn,  8 
Barh.  C/i.,  644) ;  for  giving  him  an  ex- 
tended time  within  which  to  perform  his 
duty  of  sale  and  payment  (Woodburne  v. 
Mosher,  9  Barb.,  255 ;  D'lvernois  v.  Lea- 
vitt,  23  Jb.,  63 ;  compare  Bellows  v.  Par- 
tridge, 19  lb.,  176) ;  for  providing  in  effect 
that  he  should  not  be  personally  liable  for 
losses  resulting  from  a  mere  want  of  ordi- 
nary diligence  (Litchfield  v.  White,  3 
SeU.,  438 ;  Olmstead  v.  Ilerrick,  1  £.  D. 
Smith,  310 ;  with  which  compare  Van 
Nest  V.  Yoe,  1  Saiuif.  Oh.,  4;  Jacobs  v. 


Allen,  18  Barb.,  549) ;  for  providing  a 
compensation  beyond  that  allowed  by 
law  (Nichols  v.  McEwen,  17  iV.  V.,  22) ; 
and  for  enabling  him  to  vary  tiie  order  of 
preferences.  Barnum  v.  Hempstead,  7 
Paige,  568  ;  Boardman  «.  HuUiday,  10  lb., 
223;  Strong  v.  Skinner,  4  Barb.,  546. 

(/)  As,  for  instance,  a  provision  that  he 
may  employ  agents  (Mann  v.  Wliitbeck, 
17  Barb.,  388;  Van  Dine  v.  Willett,  24 
JIow.  Pr.,  206,  and  38  Barb.,  319) ;  that 
he  may  advertise  for  demands,  and  pay 
those  presented  within  a  certain  time 
(Ward  V.  Tingley,  4  Sandf.  Oh.,  476) ;  that 
he  may  pay  insurance  premiums,  and 
mortgage  interest  upon  the  property 
(Whitney  v.  Krows,  11  Barb.,  198) ;  or 
rent  and  taxes  (Van  Dine  v.  Willett,  24 
How.  Pr.,  206,  and  38  Barb.,  819 ;  Morri- 
son V.  Atwell,  9  Bosw.,  503);  or  a  provi- 
sion for  his  compensation  which  allows  of 
its  being  adjusted  at  a  sum  within  hia 
legal  commissions  (Keteltas  v.  Wilson, 
36  Barb.,  298;  23  How.  Pr.,  69  ;  Halstead 
V.  Gordon,  34  Barb.,  422 ;  Campbell  v. 
Woodworth,  33  Barb.,  425;  24  N.  Y., 
804)  ;  or  directions  as  to  sale  or  distribu- 
tion which  leave  him  at  liberty  to  comply 
witli  the  requirements  of  the  law.  Wilson 
V.  Robertson,  21  N.  Y.,  589  ;  19  How.  Pr., 
350;  Ogden  «.  Peters,  76.,  23;  Griffin  o. 
Marquadt,  lb.,  221 ;  Jessup  v.  Hulse,  lb., 
168  ;  Stern  v.  Fisher,  82  Barb.,  198  ;  Hal- 
stead  V.  Gordon,  34  lb.,  422. 

{g)  See  Goodrich  v.  Downs,  6  Hill,  438 ; 
Strong  V.  Skinner,  4  Barb.,  456 ;  Barney 
V.  Griffin,  2  Comst.  (2  N.  Y.),  365  ;  Leitch 
V.  HoUister,  4  /J.,  211 ;  Lansing  v.  Wood- 
ruff, 1  Sandf.  Ch.,  43 ;  Clark  v.  Dowlings. 


ASSIGNMENTS  IN  TRUST  FOR  CREDITORS. 


135 


What  Preferences  are  Unlawful. 


Thus,  again,  any  language  in  an  assignment,  which  enables  the  assignor  to 
exercise  a  future  preference  among  his  creditors,  avoids  the  instrument,  h) 

Thus,  again,  aU  provisions  which  disclose  an  endeavor  to  empower  the  as- 
signor to  impose  conditions  upon  creditors,  before  paying  their  demands,  avoid 
the  assignment  .(t) 

Thus,  again,  any  directions  to  the  assignee  to  deal  with  the  estate  in  a  given 
way,  to  increase  the  amount  to  be  realized  from  it,  avoid  the  assignment,  when- 
ever they  operate  to  delay  a  sale.(j) 


1  Hill  &  D.,  Svpp.,  105 ;  Mackie  v.  Cairns, 
5  Oow.,  547  ;  Sheldon  ■».  Dodore,  4  Dan., 
217  ;  Barnum  v.  Hemp.stead,  7  Faige,  5()8 ; 
Hooperman  v.  Suckerman,  3  Sand/.,  311  ; 
Johnson  v.  Gardner,  4  N.  Y.  Leg.  Obs., 
424;  Collumb©.  Caldwell,  16  iViZ,  484; 
Wilson  V.  Robertson,  21  lb.,  887  ;  19  How. 
Pr.,  350 ;  Smith  v.  Howard,  20  lb.,  121. 

This  rule,  however,  under  which  an  as- 
signment is  held  void  which  reserves  a 
surplus  to  the  assignor,  does  not  apply  to 
the  following  eases: 

1.  Cases  in  which  property  is  assigned 
direct  to  a  particular  creditor,  as  a  means 
of  securing  payment  of  his  demand.  Such 
an  assignment,  being  in  the  nature  of  a 
mortgage  for  the  particular  demand,  a 
trust  to  pay  the  surplus  to  the  assignor  is 
held  to  result  from  the  nature  of  the  in- 
strument; and  whether  it  is  stated  in  the 
instrument  or  left  to  implication,  is  im- 
material. Leitch  V.  HoUister,  4  Comst., 
24  ;  Hendricks  v.  Eobinson,  3  Johns.  Ch., 
284;  affirmed,  17  Johns.,  438;  Dunham 
fl.  Whitehead,  21  N.  Y.,  131 ;  McLelland 
r.  Remsen,  36  Barb.,  622;  14  Abbotts'  Fr., 
881 ;  23  How.  Fr.,  175. 

2.  Cases  in  which  the  surplus  directed 
to  be  returned  is  only  such  as  may  remain 
after  paying  all  creditors  in  full.  Where 
a  surplus  results  under  such  circum- 
stances, the  law  implies  a  trust  to  repay 
it  to  the  assignor.  Hence  a  direction  to 
repay  a  surplus  in  an  assignment  will  not 
avoid  it,  if  the  instrument  in  effect  em- 
powers the  assignor  first  to  pay  all  cred- 
itors in  full,  in  case  assets  are  sufficient. 
Wintringliam  v.  Lafroy,  7  Cow.,  735  ;  Van 
Rossum  V.  Walker,  11  Barb.,  237 ;  Ely  v. 
Cook,  18  lb.,  612 ;  Taylor  v.  Stevens,  7 
How.  Pr.,  415. 

3.  Cases  in  which  particular  items  of 
property  are  excepted  from  the  assign- 
ment. As  these  remain  open  to  the  reach 
of  creditors,  in  the  same  manner  as  tliey 
were  before  the  assignment  was  made,  the 
reservation    does    not    operate  to  delay 


them.  Carpenter  «.  Underwood,  19  N.  Y., 
520. 

(A)  Examples  are, — when  the  instru- 
ment preferred  the  creditors  who  should 
be  named  in  a  schedule  to  be  tliereafter 
made  out  and  affixed  (Averill  «.  Loncks, 
6  Barb.,  470) ;  when  it  directed  that,  in  a 
certain  contingency,  debts  enumerated  in 
a  later  class  should  be  preferred  to  those 
mentioned  in  an  earlier  one  (Sheldon  v. 
Dodge,  4  Den.,  217);  and  where  it  di- 
rected that,  if  certain  creditors  should  re- 
fuse to  release  the  assignor,  then  such 
creditors  should  be  preferred  to  them  aa 
the  assignor  should  appoint.  Compare 
Bernard  v.  Graydon,  39  Barb.,  543; 
Powers  V.  Graydon,  10  Bosw.,  630. 

{i)  As,  where  certain  creditors  are  di- 
rected to  be  preferred  upon  tlie  condition 
that  they  execute  releases  of  their  de- 
mand (Hyslop  V.  Clark,  14  Johns.,  458; 
Austin  V.  Bell,  20  lb.,  442  ;  Grover  v. 
Wakeman,  11  Wend.,  187  ;  Armstrong  v. 
Byrne,  1  Edw.,  79 ;  Lentillhon  v.  Motfat, 
1  Udw.  Oh.,  451 ;  Searing  v.  Brinckerhoff, 
5  Johns.  Oh.,  329;  Hone  v.  Henriquez,  IS 
Wend.,  240 ;  Gasherie  v.  Apple,  14  Ab- 
botts' Pr.,  64) ;  or  where  the  assignment 
authorizes  a  surplus  to  be  divided  among 
those  who  will  execute  a  release.  Grover 
v.  Wakeman,  11  Wend.,  187 ;  Mills  v. 
Levy,  2  £dw.,  183 ;  but  see  De  Caters  v. 
De  Chaumont,  2  Paige,  49;  Hastings  v. 
Belknap,  1  Den.,  190.  See,  also,  upon  the 
same  general  principles,  Berry  v.  Riley,  2 
Barb.,  307 ;  Bellows  v.  Partridge,  19 
lb.,  176;  Oliver  Lee  &  Co.'s  Bank  v. 
Talcott,  19  iV.  r.,  146 ;  Bank  of  Silver 
Creek  v.  Talcott,  22  Barb.,  550;  Jewett 
V.  Woodward,  1  £dw.,  195  ;  Van  Nest  v. 
Yoe,  1  Sand/.  Ch.,  4 ;  Spaulding  v.  Strong, 
36  Barb.,  310. 

(J)  Dunham  v.  Waterman,  17  JV.  Y.,  9; 
Van  Nest  v.  Yoe,  1  Sand/.  Ch.,  4 ;  2  iV.  T. 
Leg.  Obs.,  70;  Schlnssel  v.  Willett,  34 
Barb.,  615 ;  12  Abbotts'  Fr.,  397  ;  22  How. 
Pr.,  15. 


136 


ABBOTTS'  FOEMS. 


Effect  of  AssiufiimeiU.. 


Thus,  again,  any  permission  given  in  the  assignment  to  the  assignee  to  sell 
upon  credit,  although  with  a  view  to  realize  a  larger  sum  for  ultimate  distribu- 
tion, avoids  the  a88ignment.(A;) 

It  is  also  necessary  to  the  validity  of  an  assignment  that  it  should  be  made 
in  good  faith,  without  any  actual  intent  to  defraud  any  one.  And  there  are 
Bome  restrictions  relating  to  the  classes  of  persons  who  may  make  preferential 
assigninents.(?) 

A  general  assignee  for  the  benefit  of  creditors  stands  in  no  better  position, 
and  has  no  higher  rights  in  respect  to  enforcing  choses  in  action  transferred  by 
the  assignment  than  those  of  his  assignor.  He  is  not  to  be  regarded  as  a  pur- 
chaser for  a  valuable  consideration. (tw) 

Notwithstanding  an  assignment  is  originally  invalid  as  against  creditors 
generally,  for  such  defects  as  are  pointed  out  above,  it  is  valid  as  between  the 
parties  to  it,  and  as  against  all  creditors  who  have  assented  to  it,  or  in  any  way 
ratified  it. 


(k)  As  a  sale  upon  credit  necessarily 
protracts  the  ultimate  distribution  until 
tlie  term  of  service  expires,  such  a  sale  is 
held  a  fraud  upon  the  right  of  the  cred- 
itors to  have  the  assets  converted  into 
money,  and  tlie  money  divided  without 
delay.  Eogers  n.  De  Forest,  7  Paige,  272 ; 
Barney  v.  Griflln,  2  Cotnst.,  365  ;  8  JV.  Y. 
Leg.  Obs.,  68 ;  and  9  Jb.,  106 ;  Nicholson 
V,  Leavitt,  2  Seld.,  510,  and  6  lb.,  591  ; 
Burdick  v.  Post,  2  lb.,  522;  Houghton  v. 
Westervelt,  Seld.  notes.  No.  1,  82;  Porter 
V.  Williams,  5  Seld.,  142,  and  12  How.  Pr., 
107  ;  Lyons  v.  Platner,  11  N.  Y.  Leg.  Obs., 
87;  Eapalee  v.  Stewart,  27  N..  Y,  310. 
But  as  in  the  case  of  clauses  conferring 
other  powers  on  the  assignee,  so  in  respect 
to  the  terms  in  wliich  the  power  to  sell  is 
expressed,  if  they  do  not  necessarily  im- 
port discretionary  power  to  sell  upon 
credit,  inconsistent  witli  the  legal  duty  of 
the  trust,  but  may  be  construed  as  con- 
sistent witli  an  immediate  conversion  into 
money,  the  assignment  is  not  rendered 
invalid.  Kellogg  v.  Slauson,  1  Eern.,  802 ; 
Whitney  «.  Krows,  1]  £arb.,  198;  South- 
worth  V.  Sheldon,  7  How.  Pr.,  414;  Bel- 
lows V.  Partridge,  19  Barb.,  176 ;  12  N.  Y. 
Leg.  Obs.,  219  ;  Clarlj  v.  Fuller,  21  Barb., 
128;  Nichols  v.  McEwen,  lb.,  65  ;  Wilson 
f>.  Ferguson,  10  How.  Pr.,  175  ;  Clapp  v. 
Dtley,  16 /i.,  384;  Meacham  «).  Stearns, 
9  Paige,  398;  Wilson  v.  Kobertson,  21 
N.  Y,  S89;  I'd  How.  Pr.,  850;  Ogden  «. 
Peters,  lb.,  23  ;  Griffin  v.  Marquadt,  lb., 
121 ;  Sclmfeldt  B.  Abernethy,  2  Duer,  588 ; 
12  N.  Y.  Leg.  Obs.,  178  ;  Murphy  v.  Bell, 
8  How.  Pr.,  468 ;  Townsend  v.  Stearns, 
80  N.  Y.,  209.  And  a  clause  forbidding 
the  assignee  to  sell  upon  credit,  though 
superfluous,  does  not  affect  the  assign- 


ment. Carpenter  v.  Underwood,  19  N.  Y., 
520;  Van  Kossum  v.  Walker,  11  Barb., 
287  ;  Stern  v.  Fislier,  82  lb.,  198. 

(I)  In  New  York,  moneyed  corpora 
tions  and  limited  partnerships  are  dis- 
abled from  making  preferential  assign- 
ments. 1  Jiev.  Stat.,  891,  §  9 ;  Jb.,  766, 
§§  20,  21 ;  Kobiuson  v.  Bank  of  Attica,  21 
JV^  Y.,  406.  So  an  infant  is  incompetent 
to  assign.  Fox  v.  Heatli,  21  Hoio.  Pr.,  884. 

(m)  Matter  of  Howe,  1  Paige,  125 ; 
Mead  v.  Phillips,  1  Sandf.  Oh.,  88 ;  Ma- 
rine and  Fire  Ins.  Bank  of  Georgia  v. 
Jauncey,  1  Barb.,  486  ;  Leger  v.  Bonaffe, 
2  Barb.,  475  ;  Warren  v.  Fenn,  28  Jb., 
388 ;  Van  Heusen  v.  Radcliff,  17  Jb.,  580 ; 
Bliss  V.  Cottle,  82  Barb.,  322  ;  Eeed  v. 
Sands,  87  Jb.,  185;  Maas  v.  Goodman,  2 
Hill,  275 ;  Schieflfelin  ■».  Hawkins,  14  ^6- 
io^fo' iV.,  112.  Thus  he  takes  evidences 
of  debt  subject  to  any  otfset  wliich  ex- 
isted against  his  assignor  (Cliance  v. 
Isaacs,  5  Paige,  592  ;  Maas  i).  Goodman, 
2  Hill,  275) ;  and  merchandise  subject  to 
any  right  of' stoppage  in  transit  (Harris 
V.  Hunt,  6  Duer,  606  ;  Harris  v.  Pratt,  17 
N.  Y.,  249),  or  to  any  vendor's  lien  (Hag- 
gerty  v.  Palmer,  6  Johns.  Ch.,  437),  wliich 
might  have  been  enforced  against  his 
assignor.  And  he  cannot  impeach  pre- 
vious transfers  of  property  made  by  his 
assignor  which  were  binding  upon  tlie 
latter,  although  they  may  be  voidable  for 
fraud,  at  the  instance  of  creditors.  Van 
Heusen  ».  KadcHtf,  17  N.  Y.,  580;  Brow- 
nell  V.  Curtis,  10  Paige,  210;  Storm  v. 
Davenport,  1  Sandf.  Ch.,  135;  Osborne 
V.  Moss,  7  Johns.,  161 ;  Averill  v.  Loucks, 
6  Barb.,  470  ;  Mills?).  Argall,  6  Paige,  577  ; 
with  whicli  compare  Bayard  v.  Hoffman, 
4  Johns.  Ch.,  450. 


ASSIGNMENTS  IN  TRUST  FOR  CREDITORS.  137 

Analysis.  Individual  Assignment  without  Preferences. 

807.  Assignment  by  an  individual,  without  preferences 137 

308.  The  same  ;  another  form lo9 

809.  Acceptance  by  assignee 189 

810.  Assignment  by  copartners,  with  preferences 139 

.$11.  The  same  ;  another  form , 141 

312.  Inventory  (required  by  the  New  York  statute  of  1860) 142 

818.  Petition  for  an  accounting  by  assignee  (under  same  statute) 143 

814.  Bond  of  assignee  (under  same  statute) 144 

315.  Approval  of  county  judge,  to  be  indorsed  on  the  preceding  statute 144 

816.  Summons  to  assignee  (under  same  statute) 145 

307.  Assignment  l>y  an  Individual^  Without  Preferences. 

Indentuee  made  this        day  of  »  18    ,  between  A.  B.,  of  , 

party  of  the  first  part,  and  Y.  Z.,  of  ,  party  of  the  second  part. 

Whekeas  the  party  of  the  first  part  owes  divers  debts,  which  he  is  unable 
to  pay  in  ftdl,  and  is  desirous  to  provide  for  the  payment  of  the  same,  as  far 
as  in  his  power,  by  an  assignment  of  all  his  property  for  that  purpose. 

Now  THIS  INDENTURE  WITNESSETH :  That  the  party  of  the  first  part,  in 
consideration  of  the  premises,  and  of  one  dollar  to  him  paid  before  the 
sealing  and  delivery  of  these  presents,  the  receipt  of  which  is  hereby 
acknowledged,  has  granted,  bargained,  sold,  assigned,  transferred,  and  set 
over,  and  by  these  presents  does  grant,  bargain,  sell,  assign,  transfer,  and 
set  over,  unto  the  party  of  the  second  part,  his  heirs,  executors,  adminis- 
trators, and  assigns,  all  and  singular  the  lands,  tenements,  hereditaments 
and  appurtenances,  goods,  chattels,  stocks,  promissory  notes,  debts,  choses 
in  action,  evidences  of  debt,  claims,  demands,  property,  and  effects  of  every 
description  belonging  to  the  party  of  the  first  part,  wherever  the  same  may 
he  situated ;(«.)  the  same  being  more  fully  and  particularly  enumerated  and 
described  in  a  schedule  thereof  hereto  annexed,  marked  Schedule  A.(o) 

To  HAVE  AND  TO  HOLD  the  Same,  and  every  part  thereof,  in  trust  for  the 
uses  and  purposes  following : 

1.  To  take  possession  of  the  said  property,  and  to  sell  and  dispose  of  the 
same,  with  all  reasonable  diligence,  either  at  public  or  private  sale,  and.for 
the  best  prices  that  can  be  obtained  therefor,  and  to  convert  the  same  into 
money ;  and  also  to  collect  aU  such  debts  and  demands  hereby  assigned,  as 
may  be  collectable. 

And  with  and  out  of  the  proceeds  of  such  sales  and  collections : 

2.  To  pay  and  discharge  aU  the  just  and  reasonable  expenses,  costs,  and 
charges  of  executing  this  assignment,  and  of  carrying  into  efiect  the  trust 

(rt)  Such  phraseology  as  this  is  held  effect  of  the  assignment  to  property  ex- 
broad  enough  to  embrace  all  assignable  plieitly  mentioned  in  the  schedule.  All 
property  of  the  assignor.  It  will  pass  his  the  property  of  the  assignors  will  pass,  the 
title  to  goods  previously  ordered  by  him  reference  to  the  schedule  being  construt-:" 
to  be  manufactured  in  a  foreign  country,  as  intended  not  for  the  purpose  of  re»trict- 
and  on  their  way  hither  at  date  of  assign-  ing  the  conveyance,  but  to  identify  the 
ment.  Van  Dine  v.  Willett,  38  Baih.,  property  conveyed.  Piatt  v.  Lott,  17  N. 
319;  24  ^w.  iV.,  206.  Z,   478;    Turner   v.  Jaycox,  40    Barh.; 

(«>)  This  last  clause  will  not  restrict  the  164. 


138  ABBOTTS'  FORMS. 


Individual  Assignment  without  Preferences. 


hereby  created,  including  the  lawful  commissions  of  the  party  of  the  second 
part,  for  his  servicers  in  executing  the  said  trust. 

3.  To  pay  and  discharge  in  full,  if  the  residue  of  said  proceeds  is  suffi- 
cient for  that  purpose,  all  the  debts  and  liabilities  now  due,  or  to  become 
due,  from  the  said  party  of  the  first  part,  and  which  are  particularly 
mentioned  and  described  in  the  schedule  annexed,  marked  Schedule  B,  to- 
gether with  all  interest  moneys  due  and  to  grow  due  thereon.  And  if  the 
residue  of  the  said  proceeds  shall  not  be  sufficient  to  pay  the  said  debts  and 
liabilities,  and  interest  moneys  in  full,  then  to  apply  the  same,  so  far  as  they 
will  extend,  to  the  payment  of  the  said  debts  and  liabilities  and  interest 
moneys,  proportionably  to  their  respective  amounts. 

And  if,  after  payment  of  all  the  costs,  charges,  and  expenses  attending 
the  execution  of  the  said  trust,  and  the  payment  and  discharge  in  full  of  all 
the  lawful  debts  owing  by  the  said  party  of  the  first  part,  of  any  and  every 
description,  there  shall  be  any  surplus  of  the  said  proceeds  remaining  in 
the  hands  of  the  party  of  the  second  part,  then, 

Lastly^  to  repay  such  surplus  to  the  party  of  the  first  part,  his  executors, 
administrators,  or  assigns. 

And  for  the  better  and  more  eflfectual  execution  of  these  presents,  and 
of  the  trusts  hereby  created  and  reposed,  the  party  of  the  first  part  doth 
hereby  ftiake,  constitute,  and  appoint  the  party  of  the  second  part  his  true 
and  lawful  attorney  irrevocable,  with  full  power  and  authority  to  do, 
transact,  and  perform  all  acts,  deeds,  matters,  and  things  which  may  be 
necessary  in  the  premises,  and  to  the  fuU  execution  of  the  said  trust ;  and 
for  the  purposes  of  said  trust  to  ask,  demand,  recover,  and  receive  of  and 
from  all  and  every  person  and  persons,  all  the  property,  debts,  and  demands 
belonging  and  owing  to  the  party  of  the  first  part,  and  to  give  acquittances 
and  discharges  for  the  same ;  and  to  sue,  prosecute,  defend,  and  implead  for 
the  same;  and  to  execute,  acknowledge,  and  deliver  all  deeds  and  instru- 
ments of  conveyance  necessary  or  proper  for  the  better  execution  of  the 
trust  hereby  created ;  and  also  for  the  purposes  aforesaid,  or  for  any  of 
them,  to  make,  constitute,  and  appoint  one  or  more  attorneys  under  him, 
and" at  his  pleasure  to  revoke  the  same;  hereby  ratifying  and  confirming 
whatever  the  said  party  of  the  second  part,  or  his  substitute,  shall  lawfully 
io  in  the  premises. 

And  the  party  of  the  second  part  doth  hereby  accept  the  trust  created 
and  in  him  reposed  by  these  presents;  and  doth  for  himself,  his  heirs, 
executors,  and  administrators,  hereby  covenant  and  agree  to  and  with  the 
said  party  of  the  first  part,  his  executors,  administrators,  and  assigns,-  that 
he,  the  said  party  of  the  second  part,  will  honestly  and  faitlifully,  and 
without  delay,  execute  the  same  according  to  the  best  of  his  skill,  knowledge, 
and  ability. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  set  theil 
hands  and  seals,  the  day  and  year  first  above  written. 

Sealed  and  delivered )  A.  B.  [Seal.] 

in  presence  of      )  -  Y.  Z.  [Seal.'\ 

[  Witnesses'  names.] 


ASSIGNMENTS  IN  TRUST  FOR  CREDITORS.  139 

Preferential  Assignment  by  Copartners. 


308.  The  Same  ;  Another  Form. 

Know  all  men  by  these  presents,  that  whereas  I,  A.  B.,  of  ,  am 

indebted  to  divers  persons  in  considerable  sums  of  money,  which  I  am  at 
present  unable  to  pay  in  full,  and  am  desirous  to  convey  all  my  property 
for  the  benefit  of  aU  my  creditors  without  any  preference  or  priority. 

Now,  THEHEFOEE,  I,  the  said  A.  B.,  in  consideration  of  the  premises,  and 
of  one  dollar  to  me  paid  by  Y.  Z.,  of  ,  the  receipt  whereof  is  hereby 

acknowledged,  have  granted,  bargained,  sold,  assigned,  transferred,  and  set 
over,  and  by  these  presents  do  grant,  bargain,  sell,  assign,  transfer,  and  set 
over,  unto  the  said  Y.  Z.,  all  my  lands,  tenements,  hereditaments,  goods, 
chattels,  property,  and  rights  in  action  of  every  name,  nature,  and  descrip- 
tion, wheresoever  the  same  may  be,  except  such  property  as  is  by  law 
exempt  from  execution ;  to  have  and  to  hold  the  same  unto  the  said  Y.  Z., 
in  trust,  to  sell  and  dispose  of  the  said  real  and  personal  property,  and  to 
collect  the  said  rights  in  action,  with  the  power  to  compound  for  the  said 
rights  in  action,  taking  a  part  for  the  whole,  where  the  said  Y.  Z.  shall 
deem  it  expedient  so  to  do ;  and  then  in  trust  to  apply  the  proceeds  of  the 
said  property  and  rights  in  action  in  the  following  manner : 

1.  To  pay  the  costs  and  charges  of  these  presents,  and  the  lawful  expenses 
of  executing  the  trust  hereby  created. 

2.  To  distribute  and  pay  the  remainder  of  said  proceeds  to  the  creditors 
of  me  the  said  A.  B.,  for  aU  debts  and  liabilities  which  I  may  be  owing  or 
indebted  to  any  person  whatever;  provided,  however,  that  if  there  shall 
not  be  sufficient  funds  with  which  to  pay  all  my  said  debts,  then  the  said 
debts  are  to  be  paid  ratably  and  in  proportion. 

3.  The  residue  and  remainder  of  said  proceeds,  if  any  there  be,  after  pay- 
ing all  my  said  debts  in  full,  the  said  Y.  Z.  is  to  repay  to  me,  or  my 
executors,  administrators,  and  assigns. 

In  witness  wheheof,  I  have  hereunto  set  my  hand  and  seal,  the  day  and 
year  first  above  written. 

In  presence  of  A.  B.  \Seal\ 

[  Witnesses^  signatures.] 

309.  Acceptance  hy  Assignee. 

I  hereby  accept  the  trust  created  by  the  above  instrument,  and  agree 
faithfully  to  perform  the  same. 

[Date.]  Y.  Z. 

310.  Assignment  by  Copartners^  With  Preferences. 

This  indentdbe,  made  the        day  of  ,  18    ,  by  and  between  A.  B., 

O.  D.,  and  E.  F.,  doing  business  in  the  city  of  ,  under  the  name  and 

firm  of  B.  D.  &  Co.,  parties  of  the  first  part,  and  Y.  Z.,  of  the  same  city, 
party  of  the  second  part. 

Wheueas  the  parties  of  the  first  part  are  indebted  to  divers  persons  and 
firms,  in  various  sums  of  money,  and  have  become  and  are  unable  to  pay 
such  indebtedness  in  fall,  and  whereas,  in  order  to  have  their  assets  and 


140  '  ABBOTTS'  FORMS. 


Preferential  Assignment  by  Copartners. 


effects  collected  and  faithfully  applied  in  and  towards  the  payment  of  their 
said  debts,  they  have  concluded  to  execute  these  presents. 

Now,  THEEEFOiJK,  this  indenture  witnesseth :  That  the  parties  of  tlie  first 
part,  in  consideration  of  the  premises,  and  of  one  dollar  to  them  in  hand 
paid  by  the  party  of  the  second  part,  at  or  before  the  execution  and  delivery 
of  these  presents,  the  receipt  whereof  is  hereby  acknowledged,  have  granted, 
bai'gained,  sold,  assigned,  transferred,  and  set  over,  and  by  these  presents 
do  grant,  bargain,  assign,  and  set  over  nnto  the  party  of  the  second  part,  all 
and  singular  the  real  and  personal  estate,  merchandise,  books,  debts,  books 
of  account,  bills  receivable,  promissory  notes,  contracts,  debts,  dues,  assets, 
and  demands  of  every  nature,  kind,  and  description,  of  the  parties  of  the 
first  part,(p)  wheresoever  such  property,  assets,  and  effects  may  be  or  be 
situated,  except  such  property  as  is  by  law  exempt  from  execution. 

To  HAVE  AND  TO  HOLD  the  abovc  granted  and  assigned  property  and  effects, 
and  every  part  thereof,  unto  the  said  party  of  the  second  part,  his  successors 
and  assigns. 

In  tecst,  nevertheless,  for  the  uses  and  purposes  following — that  is  to  say, 
to  sell,  dispose  of,  collect,  recover,  and  receive  the  said  property,  moneys, 
and  effects,  and  generally  to  convert  the  same  into  money ;  and  after  de- 
ducting the  expense  of  drawing  and  executing  these  presents,  and  the  trusts 
hereby  created,  then  to  apply  the  said  moneys  and  proceeds,  in  the  first 
place,  in  and  towards  the  payment  of  the  indebtedness  of  the  parties  of  the 
first  part,  jto  the  party  of  the  second  part,  to  K.  L.  and  to  M.  N.  for  profos- 
sional  services,  a  note  for  five  hundred  dollars,  indorsed  by  O.  P.,  and  now 
held  by  the  City  Bank,  also  any  balance  which  may  remain  justly  due  and 
owing  to  Q.  li. ;  so  that  the  several  debts  hereinbefore  mentioned  shall  be 
paid  in  full,  if  the  assets  be  sufficient,  and  if  not,  then  ratably  and  in  pro- 
portion, without  any  preference. 

And  in  the  second  place,  and  after  the  payment  of  the  last  above-men- 
tioned debts  in  full,  then  in  trust  to  apply  the  residue  and  remainder  of  the 
said  proceeds  in  and  towards  the  payment  of  the  debts  of  the  said  firm  in 
full,  if  the  same  be  sufficient,  but  if  not,  then  ratably  and  in  proportion, 
without  any  preference,  between  the  creditors  referred  to  in  this  class. 

And  in  the  third  place,  and  after  the  payment  of  all  the  partnership 
debts  of  the  parties  of  the  first  part,  if  there  be  any  assets  or  proceeds 
remaining,  then  in  trust  to  apply  the  same  in  and  towards  the  payment  of 
the  individual  debts  and  liabilities  of  the  parties  of  the  first  part,(/))  the  share 
or  portion  of  such  surplus  belonging  to  each  of  the  respective  parties  to  be 
applied  to  the  payment  of  the  debts  of  such  party  (and  not  to  the  debt  of 
the  other),  and  without  preference  to  the  individual  creditors. 

And  the  parties  of  the  first  part  hereby  constitute  and  appoint  the  party 
of  the  second  part  their  attorney  irrevocable,  to  ask,  demand,  collect,  sue 
for,  recover,  and  receive  the  above  assigned  property  and  effects,  and  every 
part  thereof. 

(p)  That  this  phraseology  will  not  op-  see  Morrison  ^.  Atwell,  9 -Bo«t/7.,  508;  and 
erate  as  an  assignment  of  the  individual  compare,  Scott  v.  Guthrie,  10  Bosw., 
property  of  members  of  the  partnership,    408. 


ASSIGNMENTS  IN  TRI3ST  FOR  CREDITORS.  141 

Preferential  Assignment  by  Copartners. 

And  the  party  of  the  second  part  hereby  accepts  the  trusts  above  created, 
and  agrees  to  execute  the  same  to  the  best  of  his  ability. 
In  witness  whebeof,  etc. 

311.  The  Same;  Another  Form. 

This  indenture,  made  the        day  of  >  18    ,  between  A.  B.  and  C. 

D.,  copartners  under  the  name,  style,  and  firm  of  A.  &  Co.,  of  , 

parties  of  the  first  part,  and  Y.  Z.,  of  the  same  place,  party  of  the  second 
part. 

Whereas  the  said  copartnership  is  justly  indebted  in  sundry  considerable 
sums  of  money,  and  has  become  unable  to  pay  and  discharge  the  same  with 
punctuality  or  in  full,  and  the  said  parties  of  the  first  part  are  now  desirous 
of  making  a  fair  and  equitable  distribution  of  all  their  property  and  effects 
among  their  creditors. 

Now,  theeefoke,  this  indenture  witnesseth :  That  the  said  parties  of  the 
first  part,  in  consideration  of  the  premises,  and  of  the  sum  of  one  dollar  to 
to  them  in  hand  paid  by  the  party  of  the  second  part,  the  receipt  whereof 
is  hereby  acknowledged,  have  granted,  bargained,  sold,  released,  assigned, 
transferred,  and  set  over,  and  by  these  presents  do  grant,  bargain,  and  sell, 
release,  assign,  transfer,  and  set  over  unto  the  said  party  of  the  second  part, 
and  to  his  heii-s  and  assigns,  forever,  all  and  singular  the  lands,  tenements, 
hereditaments,  and  all  the  goods,  chattels,  merchandise,  bills,  bonds,  notes, 
book  accounts,  claims,  demands,  choses  in  action,  judgments,  evidences  of 
debt,  and  property  of  every  name  and  nature  whatsoever  of  the  said  parties 
of  the  first  part.(5') 

To  have  and  to  hold  the  same,  and  every  part  and  parcel  thereof,  with 
the  appurtenances,  to  the  said  party  of  the  second  part,  bis  heirs,  executors, 
administrators,  and  assigns. 

In  teust,  nevertheless,  to  and  for  the  following  uses,  intents,  and  purposes — 
that  is  to  say,  that  the  said  party  of  the  second  part  shall  forthwith  take 
possession  of  all  and  singular  the  lands,  tenements,  hereditaments,  property, 
and  effects  hereby  assigned,  and  sell  and  dispose  of  the  same  for  the  best 
prices  which  he  shall  be  able  to  obtain,  and  to  convert  the  same  into  money, 
and  shall  also  collect  all  and  singular  said  debts,  due-biUs,  bonds,  notes, 
accounts,  claims,  demands,  and  choses  in  action,  or  so  much  thereof  as  may 
prove  collectable,  and  thereupon  execute,  acknowledge,  and  deliver  all 
necessary  conveyances  and  instruments  for  the  purposes  aforesaid ;  and  by 
and  with  the  proceeds  of  such  sales  and  collections,  the  said  party  of  the 
second  part  shall  first  pay  and  disburse  all  the  lawful  expenses,  costs,  charges, 
and  commissions  of  executing  and  carrying  into  effect  this  assignment ;  and 
by  and  with  the  residue  or  net  proceeds  and  avails  of  such  sales  and  collec- 
tions, the  said  party  of  the  second  part  shall : 

1.  Pay  and  discharge  in  full  the  debt  due  to  the  firm  of  M.  &  Co.,  of 

,  for  the  sum  of  $ 

2.  By  and  with  the  residue  and  remainder  of  said  net  proceeds  and 

{q)  See  note  (w)  to  Form  307. 


14:2  ABBOTTS'  FORMS. 


Inventory. 


avails,  pay  and  discharge  the  several  and  respective  debts,  bills,  notes,  or 
sums  of  money  due,  or  to  grow  due,  from  the  parties  of  the  first  part  to  the 
persons  designated  in  the  schedule  hereto  annexed,  together  with  such 
interest  as  may  acrue  thereon  ;  and  if  such  net  proceeds  and  avails  shall  not 
be  suflBcient  to  pay  the  same  in  full,  then  such  net  proceeds  and  avails  shall 
be  distributed  pro  rata  among  said  persons,  according  to  the  amount  of  their 
respective  claims. 

3.  By  and  with  the  residue  and  remainder  of  said  net  proceeds  and 
avails,  if  any  there  shall  be,  the  party  of  the  second  part  shall  pay  and  dis- 
charge all  the  other-copartnership  debts,  demands,  and  liabilities  whatsoever, 
now  existing,  whether  due  or  hereafter  to  become  due,  provided  such 
remainder  shall  be  sufficient  for  that  purpose ;  and  if  not  sufficient,  then 
the  same  shall  be  applied  pro  rata  to  the  payment  of  said  debts,  demands, 
and  liabilities,  according  to  their  respective  amounts. 

4.  By  and  with  the  residue  and  remainder  of  said  net  proceeds  and 
avails,  if  any  there  shall  be,  the  party  of  the  second  part  shall  pay  and  dis- 
charge all  the  private  and  individual  debts  of  the  parties  of  the  first  part, 
or  either  of  them,  whether  due  or  to  grow  duo,  provided  such  remainder 
shall  be  sufficient  for  the  purpose ;  and  if  insufficient,  then  the  same  shall  be 
applied  pro  rata^  share  and  share  alike,  to  the  payment  of  said  debts,  ac- 
cording to  their  respective  amounts,  (r) 

And  for  the  better  execution  of  these  presents,  and  of  the  several  trusts 
hereby  reposed,  the  said  parties  of  the  first  part  do  hereby  make,  nominate, 
and  appoint  the  said  party  of  the  second  part  the  true  and  lawful  attorney 
irrevocable  of  them  and  of  each  of  them,  with  full  power  and  authority  to  do, 
transact,  and  perform  all  acts,  deeds,  matters,  and  things  which  can  or  may 
be  necessary  in  the  premises,  as  fully  and  completely  as  the  said  parties  of 
the  first  part,  or  either  of  them,  might  or  could  do,  were  these  presents  not 
executed ;  and  attorneys,  one  or  more,  under  him,  to  make,  nominate,  and 
appoint,  with  full  power  of  substitution  and  revocation,  hereby  ratifying 
and  confirming  all  and  every  thing  that  our  said  attorneys,  or  his  attorneys, 
shall  do  or  cause  to  be  done  in  the  premises. 

And  the  party  of  the  second  part  hereby  accepts  the  trust  created  by  these 
presents,  and  covenants  that  he  ^iH  faithfully  perform  the  same. 

In  witness  whereof,  etc. 

[Annex  a  schedule  describing  the  debts  intended  to  be  preferred  in  the 
second  class.l 

312.  Inventory  [Required  by  the  New  YorJc  statute  o/'1860(<?)]. 
The  following  is  a  full  and  true  inventory  of  all  the  creditors  of  A.  B , 

(r)  That  such  a  provision  as  this  does  Barb.,  164.  But  the  clause  on  this  sub- 
not  render  an  assignment  invalid,  as  ject  in  the  preceding  form  is  to  be  pre- 
operating,  on  its  face,  to  expose  the  bhare  ferred. 

of  one  partner  to  be  applied  to  pay  debts  («)  By  Laws  of  N.  T.  of  1860,  594,  ch. 

of  the  other,  before  his  own  have  been  348,  it  is  provided  that  assignments  in 

paid    in  full,  see  Turner  v.  Jaycox,  40  trust  for  creditors  must  be  in  writing,  and 


ASSIGNMENTS  IN  TRUST  FOR  CREDITORS.  143 

Petition  for  Accounting. 

who  has  made   an  assignment  to  Y.  Z.,  which  bears  date  the  day 

of  , 18      . 

To  M.  N.,  of  ,  is  due  the  sum  of  $  ,  for  money  borrowed  from 

him  at  ,  on  the        day  of  >  18     ,  with  interest  from  that  day. 

To  O.  P.,  of  ,  is  due  the  sum  of  $  ,  for  rent  of  house  No.        , 

street,  in  said  place,  for  the  year  ending  on  the        day  of         ,  18     . 

[In  like  manner  specify  the  names  and  residences  of  all  creditors,  the 
sums  due  them,  and  the  consideration  of  the  indebtedness.] 

The  following  is  a  full  and  true  inventory  of  the  estate  and  assets  of  A. 
B.,  on  the  said        day  of  ,  18     [the  date  of  the  assignment]. 

One  house  and  lot  of  land  in  ,  the  value  of  which  is  $  ,  and 

which  is  unencumbered. 

[In  like  manner  specify  other  items  of  property  constituting  the  assigned 
estate.] 

313.  Petition  for  an  Accounting  ty  Assignee  {under  same  statute). 

To  the  Hon.  H.  L.  S., 

County  Judge : 

The  petition  of  M.  N.,  of         ,  respectfully  shows :  That  A.  B.,  of         , 

did,  by  an  instrument  in  writing,  dated  the         day  of  ?  18     ,  duly 

assign  and  set  over  all  his  property  to  Y.  Z.,  of  the  same  place,  as  his  assignee 

for  the  benefit  of  his  creditors ;  and  that  the  said  Y.  Z.  has  given  and  filed 


acknowledged,  and  the  certificate  of  ac-  After  a  year  from  the  date  of  assign- 

knowledgment  indorsed  before  delivery.  ment  the  county  judge  may,  upon  the  pe- 

Within  twenty  days  the  assignor  must  tition  of  any  creditor,  compel  an  account- 
make  and  deliver  to  the  county  judge  a  ing.  Special  proviijions  regulating  pro- 
verified  inventory,  containing — 1.  An  ac-  ceedings  for  this  purpose  are  given  in  the 
count  of  all  the  creditors.     2.  The  resi-  act. 

dence  of  each  creditor,  if  known.     3.  The  It  has  been  a  subject  of  some  dispute 

sum  owing  to  each  creditor,  and  nature  of  how   far  these   provisions  are   directory 

each  debt.     4.  The  consideration  of  each  merely,  and  how  far  a  compliance  with 

debt,  and  the  place  where  it  arose.     5.  A  them  is  essential  to  the  validity  of  the  as- 

Btatement  of  any  security  for  the  payment  signment.    The  result  of  the  cases  appears 

of  any  debt.     6.  A  full  and  true  inventory  to  be,  that  until  the  assignment  has  been 

of  all  the  debtor's  estate  at  the  date  of  the  reduced  to  writing,  acknowledged,  and  the 

assignment,  and  the  encumbrances  there-  certificate   of  acknowledgment    indorsed 

on,  and  of  all  vouchers  and  securities  re-  upon  it,  it  can  have  no  validity.     Cook  v. 

lating    thereto,  and    the   value   of  such  Kelley,  12  Abbotts''  Fr.,  35;    14  7J.,466; 

estate.     Assignment  and  inventory  must  Fairchild  v.  Gwynne,  16  3.,  23  ;  reversing 

be  recorded  in  the  office  of  the  clerk  of  S.  C,  14  lb.,  121. 

the  county  where  the  debtor  resided  at  But  the  provisions  requiring  an  inven- 

the  date  thereof.  tory,  a  bond,  etc.,  are  directory  ;  and  a 

The  assignee  must,  within  thirty  days,  failure  to  obey  them  does  not  affect  the 

and  before  selling,  etc.,  any  of  the  assigned  assignment,  but  merely  makes  a  case  for 

property,  give  a  bond,  with  sureties,  for  a  enforcing  compliance.     Evans  v.  Chapin, 

faithful  discharge  of  duty,  and  a  due  ac-  12  Abbotts''  Fr.,  161 ;  S.  C,  20  Bow.  Fr., 

counting;  and  this  bond  must  be  filed  in  289  ;  Juliand  v.  Rathbone,  89  £arb.,  97; 

the  county  clerk's  office  where  the  assign-  Eead  v.  Worthington,  9  Bosw.,  617. 
ment  is  recorded. 


144  ABBOTTS'  FORMS. 


Bond  of  Assignee.  Approval. 

the  proper  security,  and  entered  upon  the  duties  of  his  trust  as  such  as- 
signee, and  that  more  than  one  year  has  elapsed  since  the  date  of  said 
assignment.  That  your  petitioner  is  a  creditor  of  the  said  A.  !>.,  and  inter- 
ested in  the  distribution  of  the  proceeds  arising  from  said  assignment;  and 
he  asks  that  your  honor  will  issue  a  citation  or  summous,  compelling  the 
said  Y.  Z.,  assignee  as  aforesaid,  to  appear  before  you,  at  a  time  and  place 
to  be  named  in  said  summons  or  citation,  and  show  cause  why  an  account 
of  the  trust  fund  shall  not  be  made,  and  a  decree  rendered  directing  the 
said  Y.  Z.  to  pay  your  petitioner  his  proportional  part  of  such  fund ;  and 
that  such  other  proceedings  may  be  taken  herein  as  to  your  honor  may 
seem  just  and  equitable.  [Signature.'] 

OOUNTT  OP  ,  S8. 

M.  N.,  being  duly  sworn,  says  he  has  [heard]  read  the  foregoing  petition 
by  him  subscribed,  and  that  the  same  is  true  to  .the  best  of  his  knowledge 
and  belief. 

[Jurat.]  [Signature.l 

314.  Bond  0/  Assignee  (under  same  statute). 

Know  all  men  by  these  presents,  that  we,  Y.  Z.,  of  ,  and  M.  N. 

and  O.  P.,  of  the  saifie  place,  are  held  and  firmly  bound  unto  the  People  of 
the  State  of  New  York  in  the  sum  of  dollars,  lawful  money  of  the 

United  States  of  America,  to  be  paid  to  the  said  the  People  of  the  State  of 
New  York  or  their  assigns;  for  which  payment,  well  and  truly  to  be  made, 
we  bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and 
severally,  firmly  by  these  presents.     Sealed  with  our  seal. 

Dated  the        day  of  ,  18    . 

Whereas  one  A.  B.  has  made  an  assignment  of  all  his  goods,  chattels, 
and  credits  to  the  above-named  Y.  Z.,  for  the  payment  of  the  debts  of  the 
said  A.  B.,  as  expressed  in  said  instrument  of  assignment,  bearing  date  the 
day  of  5  18    ,  and  recorded  in  the  clerk's  office  of  the  county  of 

,  on  the        day  of  ?  18    ,  which  said  assignment  the  said  Y.  Z. 

has  accepted,  on  being  ordered  by  the  county  judge  of  County  to  give 

bond  with  security  in  the  sum  of  :     Now  the  condition  of  this  obliga- 

tion is  such,  that  if  the  said  Y.  Z.  shall  faithfully  discharge  the  duties  as 
such  assignee,  and  duly  account  for  all  moneys  received  by  him  as  such 
assignee,  and  obey  aU  orders  or  decrees  which  may  be  made  by  the  county 
judge  of  County  in  regard  to  said  assignment,  then  this  obligation  to 

be  void  ;  otherwise,  to  remain  in  full  force  and  virtue.  Y.  Z.  [Seal] 

M.  N.  [Seal] 
O.  P.   [Seal] 

815.  Approval  of  County  Judge,  to  be  Indorsed  on  the  Preceding  Bond. 

I  hereby  approve  of  the  form  and  suflBciency  of  the  within  instrument, 
,  18     .  H.  L.  S. 

County  Judge. 


AUCTIONS.  145 


General  Principles. 


316.  Summons  to  an  Assignee  {under  same  statute). 

CoTTNTY  OF  ,  SS. 

To  Y.  Z.,  Esq. : 

In  the  name  of  the  People  of  the  State  of  New  York,  yon  are  commanded 
to  appear  before  me,  the  county  judge  of         County,  at  my  oflBce  in  , 

on  the        day  of  ,  at        o'clock  in  the  forenoon,  to  show  cause  why 

an  account  should  not  be  rendered  by  you  of  the  trust  fund  in  your  hands, 
created  by  the  assignment  of  A.  B.  to  you,  dated  ,  18    ,  and  why  a 

decree  should  not  be  entered  requiring  that  the  funds  be  paid  over  to  the 
several  persons  entitled  to  receive  the  same. 

Hereof  fail  not  at  your  peril.  H.  L.  S., 

[Date.]  County  Judge. 


CHAPTER  XI. 
AUCTIONS. 


Sales  by  auction  are  usually  regulated  by  statute,  requiring  auctioneers  to 
obtain  licenses  or  give  bonds,  or  both,  and  to  render  accounts,  etc.,  to  the 
State.  For  the  particulars  of  these  regulations,  the  reader  must  consult  the 
statutes  of  his  State.  The  forms  of  bond  and  oath  to  account  here  given  are 
agreeable  to  the  laws  of  New  York. 

PAOK 

317.  Bond  of  auctioneer 145 

318.  Acknowledgment  and  approval 146 

319.  Certificate  to  be  indorsed  on  copy  for  county  clerk 146 

320.  Notice  by  magistrate  to  comptroller 146 

321.  Oath  of  copartner  or  clerk 147 

822.  Oath  of  auctioned  to  semi-annual  account 147 

823.  Oath  of  partner  or  clerk  to  account  containing  any  sales  made  by  him 147 

324.  Terms  of  sale  of  real  property 148 

S25.  Memorandum  of  sale 148 


317.  Bond  of  Auctioneer.(a) 

Know  ALL  MEN-  by  these  presents,  that  we,  A.  B.  [the  auctioneer],  of 
,  and  C.  D.  and  E.  F.  [naming  his  sureties],  of  ,  are  held  and 

firmly  bound  unto  the  People  of  the  State  of  New  York  in  the  penal  sum 
of  (&)  dollars,  to  be  paid  to  the  People  of  the  State  of  New 

York,  for  which  payment,  well  and  truly  to  be  made,  we  bind  ourselves, 
our  heirs,  executors,  and  administrators,  jointly  and  severally,  firmly  by 

(a)  Where  the  bond  is  given  in  the         (b)  For  the   penalty  and  condition, 
city  of  New  York,  a  copy  is  to  be  made     see  Laws  of  iV.  Y.,  1838,  oh.  52 ;  I^aws 
of  both  the  bond  and  the  acknowledg-     of  1846,  ch.  62;  Laics  of  1866,  vol.  2,. 
ment,  and  certified  by  the  magistrate,  by     p.  1187,  ch.  54Y. 
indorsing  Form  319  upon  it.     But  see 
L.  1866,  ch.  547. 

10 


146  ABBOTTS'  FORMS. 


Auctioneer's  Bond.  Approval. 

these  presents.     Sealed  with  our  seals,  and  dated  the        day  of  ,  in 

the  year  of  onr  Lord  one  thousand  eight  hundred  and 

Whereas,  the  above  hounden  A.  B.  [naming  the  auctioneer]  is  a  citizen 
of  the  State  of  New  York,  resident  in  the  county  of  ;  and  whereas 

the  said  A.  B.  designs  and  intends  to  become  an  auctioneer,  and  to  transact 
the  business  and  perform  the  duties  of  an  auctioneer  in  the  said  county 
of  : 

Now  THE  coNDrrioN  of  this  obligation  is  such,(J)  that  if  the  said  A.  B. 
shall  faithfully  perform  the  duties  of  his  office ;  and  shall  well  and  faith- 
fully pay  the  fees  or  duties  that  are  or  shall  be  imposed  by  law,  and  that 
shall  accrue  on  sales  made  by  him  the  said  A.  B.,  or  imder  his  direction,  as 
such  auctioneer  as  aforesaid,  or  by  virtue  of  his  office,  and  if  the  said  A.  B. 
shall  render  a  true  and  accurate  account  semi-annually  on  the  first  Mondays 
of  July  and  January  in  each  year  of  all  goods  sold,  and  also  of  all  goods 
struck  oflF  but  not  actually  sold,  as  is  directed  and  required  by  the  existing 
provisions  of  law,  then  this  obligation  shall  be  void ;  but  in  case  the  said  A. 
B.  shall  fail  to  perform  said  duties,  or  to  pay  said  duties  or  fees,  or  any  part 
thereof,  or  to  render  such  account  as  is  above  required,  then  this  obligation 
shall  be  and  remain  in  full  force  and  effect,  and  the  obligors  shall  be 
deemed  to  have  forfeited  the  said  bond.  {Signatures  and  seals.'] 

318.  Acknowledgment  and  Approval. 

State  of  New  York,         ) 

City  [or,  County]  of        .)     ' 

On  the  day  of  >  18  ,  before  me  M.  N.,  the  mayor  [or,  recorder], 
of  the  said  city  [or,  if  not  for  a  city,  say,  county  judge  of  said  county],  per- 
sonally appeared  the  above-named  A.  B.,  C.  D.,  and  E.  F.,  known  to  me  to 
be  the  same  persons  described  in,  and  who  executed  the  above  bond,  and 
acknowledged  that  they  executed  the  same,  for  the  purposes  therein  men- 
tioned. And  I  hereby  certify  that  I  approve  of  the  within  bond,  and  that 
it  was  taken  by  me  on  the  day  last  aforesaid.  [Signature  and  title.] 

819.  Certificate  to  be  Indorsed  on  Copy  for  County  ClerJc.{e) 
County  of  ,  sa. 

I  HEREBY  OEETiFY,  that  the  within  is  a  true  copy  of  a  bond  taken  and 
approved  by  me,  and  of  the  certificate  of  acknowledgment  and  approval 
thereon  indorsed  by  me,  and  of  the  whole  of  said  bond  and  certificate,  and 
that  said  certificate  was  executed  the  day  it  bears  date. 

[Date.]  [Signature  and  title.] 

820.  Notice  iy  Magistrate  to  Comptroller. 

I  HEEKBY  OEETIFY,  that  OH  the         day  of  ,18,1  approved  a  bond 

for  A.  B.,  as  auctioneer  of  the  city  [or,  of  the  county]  of  ,  and  that 

the  sureties  entering  into  the  said  bond  were  0.  D.  and  E.  F.,  both  mer- 
chants [or  otherwise],  residing  or  doing  business  in  the  city  of 

[Date.]  [Signature  and  title.] 

(c)  See  note  (o). 


AUCTIONS.  147 


Affidavits  of  Auctioneers  and  Clerks. 


321.   Oath  of  Copartner^  or  Cleric. 

I,  G.  H.,  of  ,  do  solemnly  swear  [or,  aflSrm],  that  I  am  the  copartner 

[or,  hired  clerk]  of  A.  B.,  an  auctioneer  duly  authorized  to  act  as  such,  in 
and  for  the  city  [or,  county]  of  ;*  and  that  I  will  fully  and  faithfully 

perform  the  duties  incumbent  on  me  by  the  provisions  of  Title  I.,  of  Chapter 
17,  of  Part  I.  of  the  Eevised  Statutes  of  the  State  of  New  York,  and  the 
acts  amending  the  same. 

Taken  and  subscribed  before  me,  at)  {Signature^ 

,  this        day  of  ,  18    , ) 

[Signature  and  title  of  magistrate.] 

322.  Oath  of  Auctioneer,  to  ie  Indorsed  on  His  Semi-annual  Account. 

I,  A.  B.,  do  solemnly  and  sincerely  swear  [or,  affirm]  that  the  account 
now  exhibited  by  me,  and  to  which  I  have  subscribed  my  name,  contains  a 
just  and  true  account  of  all  the  goods,  wares,  merchandise,  and  effects 
sold  or  struck  oft",  or  struck  oif  and  not  actually  sold,  or  bought  in  by  me,  at 
public  sale,  or  sold  by  me  at  private  sale  on  commission,  whether  subject  to 
duty  or  not,  or  sold,  struck  off,  or  bought  in,  as  aforesaid,  by  others  in  my 
name,  or  under  my  direction,  or  for  my  benefit,  within  the  time  mentioned 
in  the  within  account,  and  of  the  days  upon  which  the  same  were  re- 
spectively sold;  and  that  I  have  attended  personally  such  of  the  said 
public  sales  as  are  not  stated  in  the  said  account  to  have  been  made  without 
my  attendance ;  and  that  the  causes  therein  mentioned  of  my  absence  from 
sucli  sales  as  I  did  not  attend,  are  truly  stated ;  that  I  have  examined  the 
entries  of  all  the  sales  mentioned  in  said  account  in  the  book  kept  by  me 
for  that  purpose,  and  fully  believe  this  account  to  be  in  all  respects  correct; 
and  further,  that  I  have,  during  the  time  therein  mentioned,  conformed  in 
all  things  to  the  true  intent  and  meaning  of  the  laws  regulating  sales  by 
auctioneers,  according  to  the  best  of  my  knowledge,  information,  and  belief. 

Taken  [etc.,  as  iri  Form  321].  [Signature  of  auctioneer.] 

323.  Oath  of  Partner  or  ClerTc,  to  he  Indorsed  on  Account  Containing  Any 
Sales  Made  by  Him. 

[As  in  Form  321  to  the  *,  continuing  thus :]  and  have  been  such  clerk  for 
six  months  last  past ;  that  I  believe  the  account  of  sales  within,  rendered 
by  the  said  A.  B.,  to  be  just  and  true  in  every  particular;  that  the  sales 
therein  mentioned,  opposite  to  which  my  name  is  set  [or,  my  initials  are 
set],  are  all  the  sales  liable  to  auction  duties,  publie  or  private,  made  by  me 
within  the  time  mentioned  in  said  account ;  and  that  the  account  of  such 
sales  so  therein  stated,  is  just  and  true;  that  such  sales  were  made  by  me, 
in  the  absence  of  said  A.  B.,  who  was  unable  to  attend,  from  the  canses 
specified  in  his  account ;  and  that  in  aU  acts  performed  by  me,  in  behalf  of 
such  auctioneer,  during  the  time  aforesaid,  I  have  endeavored  to  conform 
to  the  true  intent  and  meaning  of  the  laws  regulating  sales  by  auctioneers. 

Taken  [etc.,  as  in  Form  321].  [Signature  of  deponent.] 


148  ABBOTTS'  FORMS. 


Auction  Sales. 


324.  Terms  of  Sale  of  Real  Property. 

The  premises  describe<l  in  the  annexed  advertisement  of  sale  [or  other- 
wise identify  tJiem]  will  be  sold  [if  by  an  officer  under  order  of  court,  add, 
under  the  direction  of  A.  B.],  upon  the  following  terms : 

1st.  Ten  per  cent,  of  the  purchase-money  of  said  premises  will  be  re- 
quired to  be  paid  to  the  auctioneer  [or,  to  said  A.  B.],  at  the  time  and  place 
of  sale,  and  for  which  his  [or,  the  owner's]  receipt  will  be  given. 

2d.  The  residue  of  said  purchase-money  will  be  required  to  be  paid  to 
the  said  ,  at  his  oflBce  at  ,  on  the        day  of  ,  18    ,  when 

the  said  owner's  [or  officer^s]  deed  will  be  ready  for  delivery. 

•Sd.  The  vendor  is  not  required  to  send  any  notice  to  the  purchaser ; 
and  if  he  neglects  to  call  at  the  time  and  place  above  specified,  to  receive 
his  deed,  he  will  be  charged  with  interest  thereafter  on  the  whole  amount 
of  his  purchase,  unless  the  vendor  shall  deem  it  proper  to  extend  the  time 
for  the  completion  of  said  purchase. 

[4th.  All  taxes,  assessments,  and  other  encumbrances,  which  at  the  time 
of  sale  are  liens  or  encumbrances  upon  said  premises,  will  be  allowed  by 
the  master  [or,  referee]  out  of  the  purchase-money;  provided  the  pur- 
chaser shall,  previously  to  the  delivery  of  the  deed,  produce  to  the  master 
[or,  referee]  proof  of  such  liens,  and  duplicate  receipts  for  the  payment 
thereof,](cf) 

5th.  The  purchaser  of  said  premises,  or  any  portion  thereof,  vrill,  at  the 
time  and  place  of  sale,  sign  a  memorandum  of  his  purchase,  and  pay,  in 
addition  to  the  pxirchase-money,  the  auctioneer's  fee  of  ten  dollars,  for 
each  parcel  separately  sold. 

6th.  The  biddings  will  be  kept  open  after  the  property  is  struck  down  ; 
and  in  case  any  purchaser  shall  fail  to  comply  with  any  of  the  above  con- 
ditions of  sale,  the  premises  so  struck  down  to  him  will  be  again  put  up  for 
sale  [under  the  direction  of  the  said  A.  B.],  under  these  same  terms  of  sale 
[without  application  to  the  court,  unless  the  plaintiff's  attorney  shall  elect 
to  make  such  application] ;  and  such  purchaser  will  be  held  liable  for  any 
deficiency  there  may  be  between  the  sum  for  which  said  premises  shall  be 
struck  down  upon  the  sale,  and  that  for  which  they  may  be  purchased  on 
the  resale,  and  also  any  costs  or  expenses  occurring  on  such  resale. 

[Date.] 

325.  Memorandtim  of  Sale. 

I  HAVE  this        day  of  ,  18    ,  purchased  the  premises  described  in 

the  above  annexed  printed  advertisement  of  sale,  for  the  sum  of  dol- 

lars, and  hereby  promise  and  agree  to  comply  with  the  terms  and  conditions 
of  the  sale  of  said  premises,  as  above  mentioned  and  set  forth. 

[Date.]     .  [Signature  of  purchaser.] 

[Date.]    Received  from   [naming  purchaser]  the  sum  of  dollars, 

l>eing  ten  per  cent,  on  the  amount  bid  by  him,  for  property  sold  by  me 
[under  the  judgment  in  the  above-entitled  action]. 

[Signature  of  auctioneer  or  officer.] 


(d)  This  clause  is  usual  onlv  in  case  of  judicial  sales. 


BANKS.  149 

Affidavit  to  Unclaimed  Funds, 


CHAPTEE  Xn. 

BANKS. 

Previous  to  the  year  1863,  banking  corporations  were  almost  without  ex- 
ception formed  by  charters  granted  by  the  legislatures  of  the  several  States, 
or  under  general  laws  framed  to  authorize  the  free  formation  of  associations 
for  the  purpose  of  banking.  Since  the  enactment  of  the  National  Banking 
Law  {Act  of  Congress  of  February  25,  1863),  banks  have  been  formed  under 
that  law;  and  the  necessary  forms  for  the  proceedings  are  prepared  by  the 
Treasury  Department,  and  are  to  be  had  by  application  to  that  Department  at 
Washington,  D.  C. 

Forms  relating  to  Bank  Stock  will  be  found  in  the  chapter  of  Corpokations. 

Savings  Banks  are  still  formed  under  State  charters. 

326.  Affidavit  to  Statement  of  Unclaimed  Dividends  or  Deposits, 

State  op  ,  ) 

County  of  .  j     ' 

A.  B.,  of  said  county,  being  duly  sworn,  deposes  and  says,  that  he  is  the 
cashier  [or,  president]  of  the  Bank,  and  that  the  above  [or,  annexed] 

statement  of  dividends  [or,  deposits]  remaining  unclaimed  in  the  said  bank 
for  the  space  of  two  years  next  preceding  the         day  of  instant,  is 

in  all  respects  just  and  true,  according  to  the  best  of  the  knowledge  and 
belief  of  this  deponent. 

SwoBN  [eic,  as  in  Form  258].  [Signature  of  deponent. 1 


CHAPTER  Xm. 

BASTARDY. 


In  order  to  prevent  illegitimate  children  from  being  abandoned  and  becom- 
ing a  public  charge,  the  laws  provide  proceedings  for  securing  proper  care  for 
any  such  child,  and  for  ascertaining  the  father  and  compelling  him  to  provide 
for  its  support. 

The  details  of  these  proceedings  are  regulated  by  the  statutes  ;  and  in  the 
use  of  these  forms,  which  are  drawn  according  to  the  laws  •  of  New  York,(a) 
reference  should  be-  had  to  any  peculiar  provisions  which  may  have  been 


(a)  1  New  York,  Eev.  Stat.,  642. 


150  ABBOTTS'  FORMS. 


Bastardy  Proceedinjfs. 


adopted  in  the  statutes  of  the  particular  State  in  which  they  are  used.  The 
liability  of  the  father  is  created  by  the  statute,  and  the  directions  of  the  statute 
must  be  strictly  followed  in  order  to  enforce  the  liability.(6) 

PAOK 

827.  Application  of  a  superintendent,  or  overseer,  of  the  poor 150 

828.  The  same ;  when  the  application  is  before  the  birth 150 

829.  Affidavit  of  the  mother,  on  her  examination  before  the  magistrate 151 

880.  The  same;  when  the  examination  is  taken  before  the  birth 151 

331.  Warrant  to  apprehend  reputed  father 151 

832.  Indorsement  on  a  warrant  to  be  executed  out  of  the  county 151 

833.  Indorsement  of  justice  in  another  county 151 

834.  Bond  of  reputed  father,  on  arrest  in  another  county,  to  indemnify  the 

county,  etc * * 152 

885.  The  same ;  conditioned  to  appear 152 

836.  Certificate  of  discharge,  on  executing  either  foregoing  bond 153 

337.  Bond  to  obtain  adjournment  of  the  hearing  before  the  magistrate 153 

838.  Subpoena 154 

839.  Warrant  to  bring  up  the  mother  to  testify 154 

840.  Order  of  filiation 154 

841.  Bond  for  support  of  child  and  mother,  under  order  of  filiation 155 

842.  Bond  to  appear,  to  be  given  instead  of  the  foregoing 156 

343.  Warrant  to  commit  reputed  father 156 

844.  Order  of  filiation  made  in  the  absence  of  the  reputed  father,  he  having  been 

arrested  in  another  county 157 

845.  Warrant  to  commit  a  mother  refusing  to  disclose  the  father's  name 167 

346.  Summons  to  mother  having  property  in  her  own  right 158 

847.  Order  thereon 158 

848.  Notice  of  appeal  from  order  of  filiation 158 


327.  Application  of  a  Superintendent,  or  Overseer,  of  the  Poor. 

OoTTNTy  OF  ,  8S. 

To  M.  N.,  Esq.,  a  justice  of  the  peace  of  said  county: 

A.  B,  having  been  delivered  of  a  bastard,  which  is  chargeable  [ar,  which 
is  likely  to  become  chargeable]  to  *  the  said  county  [or,  to  the  town  of 
,  in  said  county] ;  the  undersigned  [one  of  the]  superintendents  of 
the  poor  of  the  said  county  [or,  overseers  of  the  poor  of  said  town],  pur- 
suant to  the  statute  in  such  case  made  and  provided,  makes  application  to 
you  to  inquire  into  the  facts  and  circumstances  of  the  case. 

Given  under  my  hand  [or,  our  hands],  at  ,  this        day  of  , 

18    .  [Signature  and  title.] 

328.  The  Same  ;   When  the  Application  is  Before  the  Birth. 

COTJlirTY  OF  ,  ss. 

To  M.  N.,  a  justice  of  the  peace  of  said  county : 

A.  B.  being  pregnant  of  a  child  likely  to  be  born  a  bastard,  and  to  become 
chargeable  to  [continue  as  in  preceding  form  from  the  *]. 

(6)  Moncrief  v.  Ely,  19  Wend.,  405  ;  Birdsall  v.  Edgerton,  25  lb.,  619, 


BASTARDY.  151 


AflSdavit  of  Mother.  Warrant  against  Father. 

329.  Affidavit  of  the  Mother^  on  her  Examination  Before  the  Magistrate. 
COUXTY  OF  ,  ss. 

A.  B.,  of  the  town  of  ,  in  said  county,  being  duly  sworn,  says, 

that  on  the  day  of  last,  she  w;as  delivered  of  a  bastard  child, 

which  is  chargeable  [o?',  which  is  likely  to  become  chargeable]  to  *  said 
county  [or,  to  the  town  of  ,  in  said  county] ;  and  that  Y.  Z.,  of  , 

is  the  father  of  said  child. 

Subscribed  and  sworn,  this        day  ]  [Signature  of  mother.] 

of  »  1 8    ,  before  me,  ) 

[Signature  of]  Justice. 

330.  The  Same ;  When  the  Examination  is  TaTcen  Before  the  Birth. 

CotTNTT  OF  ,  ss. 

A.  B.,  of  the  town  of  ,  in  said  county,  being  duly  sworn,  says  that 

she  is  now  with  child,  and  that  the  child  of  which  she  is  pregnant  is  likely 
to  be  born  a  bastard,  and  to  become  chargeable  to  [continuing  as  in  the 
preceding  form  from  the  *]• 

331.   Warrant  to  Apprehend  Reputed  Father. 
OouNTT  OF  ,  ss. 

To  any  constable  of  said  county,  greeting : 

Whereas  A.  B.,  of  ,  in  said  county,  upon  her  examination  on  oath 

before  me  the  undersigned,  a  justice  of  the  peace  of  said  county,  this  day 
had,  did  declare  that  [etc.,  as  in  the  examination] ;  and  whereas  E.  F.,  over- 
seer of  the  poor  of  said  town  [or,  one  of  the  superintendents  of  the  poor  of 
said  county,  as  the  case  may  be],  in  order  to  indemnify  the  said  town  [or, 
county]  in  the  premises,  has  applied  to  me  to  inquire  into  the  facts  and 
circumstances  of  the  case,  and  to  issue  my  warrant  to  apprehend  the  said 
Y.  Z. :  You  are,  therefore,  hereby  commanded,  in  the  name  of  the  People 
of  the  State  of  New  York,  forthwith  to  apprehend  the  said  Y.  Z.,  and  bring 
him  before  me,  at  my  office  in  aforesaid,  for  the  purpose  of  having  an 

adjudication  respecting  the  filiation  of  such  bastard  child  [or,  of  such  child 
likely  to  be  born  a  bastard]. 

Given  [as  in  Form  327]. 

332.  Indorsement  on  a  Warrant,  to  ie  Executed  Out  of  the  County. 

I,  the  within-named  justice  of  the  peace,  direct  that  the  penal  sum  in 
which  any  bond  shall  be  taken  of  the  within-named  Y.  Z.  shall  be 
dollars.  [Signature  of^  Justice. 

333.  Indorsement  of  Justice  in  Another  County. 
County  of  ,  ss. 

The  within  warrant,  with  the  indorsement  made  thereon  by  the  justice 
by  vhom  it  was  issued,  of  the  sum  required  to  be  put  in  the  bond,  having 


152  ABBOTTS'  FORMS. 


Bond  of  Reputed  Father,  on  Arrest. 


been  presented  to  me  the  undersigned,  a  justice  of  the  peace  of  and  re- 
ading in  said  county;  and  proof  having  been  made  to  me,  by  the  oath  of 
R.  S.,  of  the  handwriting  of  the  justice  who  issued  the  said  warrant,  the 
arrest  of  the  said  Y.  Z.  is  hereby  authorized,  if  he  can  be  found  within  the 
said  county  of 
Given  [etc.,  as  in  Form  327]. 

334.  Bond  of  Reputed  Father,  on  Arrest  in  Another  County^  to  Indemnify 
the  County^  etc.(c) 

Know  all  men  by  these  presents,  that  we,  Y.  Z.  and  E.  F.,  of  ,  in 

the  county  of  ,  farmer,  and  G.  Ji.,(d)  of  ,  in  said  county,  merchant, 
are  held  and  firmly  bound  nnto  the  People  of  the  State  of  New  York,  in 
the  sum  of  dollars,  for  the  payment  whereof  to  the  said  People  we 

bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and  sev- 
erally, firmly  by  these  presents. 

Sealed  with  our  seals.     Dated  this        day  of  ,18    .* 

The  condition  of  the  above  obligation  is  such,  that  whereas  the  said  Y. 
Z.  has  been  this  day  brought  before  the  undersigned  Q.  R.,  one  of  the  jus- 
tices of  the  peace  of  the  county  of  ,  by  virtue  of  a  warrant  issued  by 
M.  N.,  one  of  the  justices  of  the  peace  of  the  county  of  ,  whereon  the 
name  of  said  justice  [or,  of  0.  P.,  one  of  the  justices  of  the  peace  of  the  said 
county  of  ],  is  indorsed,  with  an  authority  to  arrest  the  said  Y.  Z.,  in 
said  county  of  ;  in  which  warrant  it  is  recited  that  A.  B.,  of  ,  in 
said  county  of  ,  upon  her  examination  on  oath,  before  the  said  M.  N., 
justice,  did  declare  that  she  then  was  pregnant  of  a  child,  which  is  likely  to 
be  born  a  bastard,  and  to  become  chargeable  [or,  did  declare  that  she  was,  on 
the  day  of  last,  at  aforesaid,  delivered  of  a  bastard  child, 
which  is,  or,  is  likely  to  become,  chargeable]  to  said  town  [or,  county] ;  and 
upon  the  said  warrant  is  indorsed  the  direction  of  the  said  M.  N .,  that  the 
penal  sum  in  which  any  bond  should  be  taken  of  the  said  Y.  Z.  should  be 
dollars,  t  Now,  xnEREFORE,  if  the  said  Y.  Z.  shall  indemnify  the  said 
county,  and  town,  or  city  [naming  the  place  where  the  bastard  shall  hate 
been  born,  or  where  the  woman  Uiely  to  have  such  bastard  shall  be],  and 
every  other  county,  town,  or  city  which  may  have  incurred  any  expense,  or 
may  be  put  to  any  expense,  for  the  support  of  such  child,  or  of  its  mother 
during  her  confinement  and  recovery  therefrom(e),  against  all  such  expenses, 
and  shall  pay  the  costs  of  apprehending  him  the  said  Y.  Z.,  and  of  any  order 
of  filiation  that  may  be  made  in  this  matter,(/)  then  the  above  obligation  to 
be  void  ;  otherwise,  of  full  force  and  virtue. 

Sealed  and  delivered  in  my  presence,  \  [Signatures  and  seals^ 

and  the  sureties  approved  by  me,     ) 
[Signature  o/]  Justice. 

(c)  The  justice  may  take  a  bond  to  ap-  requires  two.      See  Ward  v.  Whitney,  8 

pear,   instead  of  the  above.     (See  next  N.  Y.  (4AWrf.),  442. 

form.)  («)  See  note  (»),  infra. 

{d)  A  bond,   if  given  with  only  one  (/)  If  the  condition  of  the  bond  is  more 

surety,  would  be  valid,  though  the  statute  onerous  than  that  prescribed  for  the  case 


BASTARDY.  153 


Bond  of  Reputed  Father. 


335.  The  Same  ;  Conditioned  to  Appear.{g) 

[As  in  the  preceding  form  to  the  f,  continuing  thus:']  Now,  therefore,  if 
the  said  Y.  Z.  shall  appear  at  the  next  Court  of  Sessions  to  be  holden  in  the 
said  county  of  ,  where  such  warrant  was  originally  issued,  and  not 

depart  the  said  court  without  its  leave,  then  the  above  obligation  to  be  void ; 
otherwise,  of  full  force  and  virtue. 

[Attestation^  signatures^  etc.,  as  in  preceding /orm.] 

336.  Certificate  of  Discharge^  on  Executing  Either  Foregoing  Bond.(li) 
County  of  ,  ss. 

I  certify  that  the  within-named  Y.  Z.,  who  was  brought  before  me,  one  of 
the  justices  of  the  peace  of  the  county  of  ,  by  virtue  of  the  within 

warrant,  was  discharged  from  arrest  by  me,  upon  his  executing  a  bond  pur- 
suant to  statute. 

Given  [etc.,  as  in  Form  327]. 

337.  Bond  to  Oitain  Adjournment  of  the  Hearing  Before  the  Magistrates. 

[As  in  Form  334  to  the  *,  continuing  thus ;]  The  condition  of  this  obliga- 
tion is  such,  that  whereas  the  above-named  Y.  Z.  has  been  this  day  brought 
before  M.  N.  and  O.  P.,  two  of  the  justices  of  the  peace  of  said  county, 
charged  upon  the  oath  of  A.  B.,  of  aforesaid,  as  the  reputed  father  of  a 

bastard  child,  with  which  the  said  A.  B.  alleges  she  is  pregnant  [or,  of  a  bastard 
child  lately  born  of  said  A.  B.],  the  said  justices  having  associated,  pursuant 
to  statute,  to  examine  the  matter,  and  adjudicate  respecting  the  filiation  and 
maintenance  of  such  bastard  child  [or,  such  child  likely  to  be  born  a  bas- 
tard]. And  whereas,  at  the  request  of  Y.  Z.,  and  for  sufficient  reasons 
given,  the  said  justices  have  determined  to  adjourn  the  said  examination 
and  adjudication,  upon  the  execution  of  this  bond,  until  the  day  of  , 
at        o'clock  in  the        noon,  at  the  office  of  said  ,  in  .    Now, 

THEEEFOEE,  if  the  Said  Y.  Z.  shall  personally  appear  before  the  said  justices, 
at  the  time  and  place  last  aforesaid,  and  not  depart  therefrom  without  leave 
of  said  justices, (^■)  then  this  obligation  to  be  void;  otherwise,  of  full  force 
and  virtue. 

[Attestation,  signatures^  etc.,  a»  in  Form  334.] 

by  the  statute — «.  ^.,  if,  where  only  indem-  People  «.  Til  ton,  13  Wend.,  597.     But  if 

nity  should  be  required,  payment  of  such  it  require  him' to  do  both  the  one  and  the 

sums  as  should  be  ordered  by  the  justices  other,  it  would   be  void.      Hoogland  ■». 

or  the  court  is  required  by  tlie  condition,  Hudson,  8  I/ow.  Pr.,  843. 
ns  well  as  indemnity — the  bond  is  wholly        (A)  Tliis  certificate  should  be  indorsed 

void,  as  being  taken   by  color  of  office,  on  the  warrant. 

People  V.  Meighan,  1  Hill,  298  ;  and  see        (i)  The  "  appearance"  intended  by  tb 

People  V.  Mitchell,  4  Sand/.,  466  ;  Hoog-  statute  is  not  merely  a  temporary  one,  bi 

land  V.  Hudson,  8  How.  F?:,  343,  a  continued  appearance  and   attendance 

{g)  A  bond  conditioned  that  the  father  until  the    examination    and    subsequent 

■will  indemnify  the  county,  etc.,  or  appear  proceedings  are  finally  closed.    People  v. 

at  the  sessions,  is  valid,  though  it  ought  Jayne,  27  JBarb.,  58. 
to  embrace  but  one  of  the  ulternatives. 


154-  ABBOTTS'  FOPwMS. 


Subpoena.  Wiirrant.  Order  of  Filiation 

338.  Subpcena. 
To  [here  name  the  witness],  greeting : 

You  are  hereby  coinmanded,  in  the  name  of  the  People  of  the  State  of 
New  York,  personally  to  appear  before  M.  N.  and  the  undersigned  0.  P., 
twoof  the  justices  of  the  peace  of  said  county,  forthwith  [or,  on  the  day 
of  ,  18      ,  at  o'clock  in  the  noon,  as  the  case  may  be],  at  the 

office  of  ,  in  ,  in  said  county,  to  testify  what  you  do  know 

touching  the  father  of  a  bastard  child,  wherewith  A.  B.  alleges  she  is  now 
pregnant  [or,  which  was  lately  born  of  A.  B.] 

Witness  my  hand,  at  ,  this        day  of  ,  18    . 

[Sig7iature  of]  Justice. 

339,   Warrant  to  Bring  Up  the  Mother  to  Testify. 

County  of  ,  ss. 

To  any  constable  of  said  county,  greeting : 

Whereas,  we,  the  undersigned,  two  justices  of  the  peace  of  said  county, 
have,  upon  the  application  of  the  overseers  of  the  poor  of  the  town  of  , 
in  said  county  [or,  one  of  the  superintendents  of  the  poor  of  said  county], 
associated  for  the  purpose  of  examining  into  the  matter  of  a  complaint  made 
to  us  by  said  overseers  [or,  superintendents],  that  A.  B.,  of  said  town,  is 
now  pregnant  with  a  child,  which  is  likely  to  be  born  a  bastard,  and  to  be- 
come chargeable  to  said  town  [or,  county],  [o?*,  that  A.  B.  has  been  delivered 
in  said  town  of  a  bastard  child,  which  is  [likely  to  become]  chargeable  to 
said  town  [or,  county] :  And  Y.  Z.  having  been  brought  before  us  this  day, 
charged  as  being  the  putative  father  of  said  child  :  Now,  therefore,  to  the 
intent  that  the  said  A.  B.  may  be  examined  before  us  on  oath,  and  in  the 
presence  of  the  said  Y.  Z.,  touching  the  father  of  said  child,  you  are  hereby 
commanded,  in  the  name  of  the  People  of  the  State  of  New  York,  to  bring 
the  said  A.  B.  forthwith  before  us,  at  ,  in  aforesaid. 

Given  [etc.,  as  in  Form  327]. 

340.  Order  of  Filiation.(J) 
County  op  ,  ss. 

Whkbeas,  we,  the  undersigned,  two  of  the  justices  of  the  peace  of  said 
county,  have  this  day  [or,  heretofore]  associated  at  ,  in  said  county, 

upon  the  application  of  E.  F.,  overseer  of  the  poor  of  the  town  of  , 

[or,  one  of  the  superintendents  of  the  poor  of  said  county],  for  the  purpose 
of  making  examination  and  determination  touching  a  certain  bastard  child, 
lately  born  in  said  town,  of  the  body  of  A.  B.  [or,  a  certain  child  wherewith 
A .  B,  is  said  to  be  pregnant,  and  which  is  likely  to  be  born  a  bastard],  and 
chargeable  [or,  likely  to  become  chargeable]  to  said  town  [or,  county],  and 
of  which  child  Y.  Z.  was  alleged  to  be  the  father :  And,  whereas  we  have 

{j)  No  order  of  filiation  is  necessary,  the  bond.  He  thereby  admits  his  liability, 
where  the  putative  father  elects  to  give    People  v.  Heine,  5  iV.  Y.  Leg.  Obs.,  381. 


BASTARDY.  155 


Bond  for  Support. 


duly  examined  the  said  A.  B.  on  oatb,  in  the  presence  of  the  said  Y.  Z., 
touching  the  father  of  said  child,  and  have  also  heard  the  proofs  and 
allegations(A;)  to  us  offered  in  relation  thereto,  as  well  on  the  part  and  he- 
half  of  the  said  overseer  [or,  superintendent]  as  of  the  said  Y.  Z. ;  whereby  * 
it  appears  that  the  said  A.  B.  was,  on  the  day  of  last,  delivered 

of  a  bastard  child  in  said  town  [or,  that  the  said  A.  B.  is  now  pregnant  of  a 
child,  which,  when  born,  will  be  a  bastard],  and  which  is  chargeable  [or, 
likely  to  become  chargeable]  to  said  town  [or,  county],  and  that  the  said 
Y.  Z.  is  the  father  of  said  child ;  We  do,  therefore,  adjudge  him,  the  said 
Y.  Z.,  to  be  the  father  of  said  bastard  child :  And  further,  we  do  hereby 
order  that  the  said  Y.  Z.  pay  to  the  overseer  of  the  poor  of  said  town  of 
[or,  to  the  superintendents  of  the  poor  of  said  county],  for  the  sup- 
port of  said  child,  the  weekly  sum  of  dollars  [or  otherwise],  so  long  as 
the  said  child  shall  continue  chargeable(Z)  to  said  town  [or,  county] :  And 
inasmuch  as  it  appeared  to  us,  and  we  find,  that  the  said  A.  B.  is  in  indigent 
circumstances,  we  determine  and  order  that  said  Y.  Z.  pay  to  the  said 
overseer  [or,  superintendents]  of  the  poor,  for  the  sustenance  of  the  said 
A.  B.,  during  her  confinement  and  recovery  therefrom,  the  sum  of 
dollars.  And  we  do  hereby  certify  the  reasonable  costs  of  apprehending 
and  securing  the  said  father,  and  of  the  order  of  filiation,  at  the  sum  of 
dollars. 
Given  [etc.,  as  in  Form  327]. 

3il.  Bond  for  Support  of  Child  and  Mother,  Under  Order  of  Filiation.(rn) 

[As  in  Form  334  to  the  *,  continuing  thus ;]  The  condition  af  this  obli- 
gation is  such,  that  whereas,  by  an  order  this  day  duly  made  and  subscribed 
by  M.  N.  and  O.  P.,  justices  of  the  peace  of  said  county,  it  is  adjudged  that 
the  said  Y.  Z.  is  the  reputed  father  of  a  bastard  child  of  which  A.  B.,  of 
,  is  pregnant,  and  which  is  likely  to  become  chargeable  [or,  of  a 
bastard  child  lately  born  in  said  town,  of  the  said  A.  B.,  and  which  is 
chargeable]  to  said  town  [or,  county] ;  and  it  is  thereby  ordered  that 
[here  recite  provisions  of  the  order  for  the  support  of  the  hastard  and  sus- 
tenance of  the  mother].  §  Now,  therefore,  if  the  said  Y.  Z.  shall  pay  weekly 
[or  otherwise  as  shall  have  ieen  ordered]  such  sums  for  the  support  of  said 
bastard  child  and  the  sustenance  of  its  mother,  as  have  been  ordered  as 
aforesaid,  or,  as  shall  at  any  time  hereafter  be  ordered  by  the  Court  of 
Sessions  of  said  county,  and  shall  fully  and  amply  indemnify  the  said  county 
and  town  [or,  city]  aforesaid,  and  every  other  county,  town,  or  city  which 
may  have  incurred  any  expense,  or  may  be  put  to  any  expense  for  the  sup- 
Ijort  of  such  child  or  its  mother,  during  her  confinement  or  recovery  there- 

(k)  As  to  what  proof  is  necessary,  see  the  two  conditions  specified  in  the  statute, 

Peoples.  Overseers  of  Ontario,  15  i^a/'5.,  not  for  both.     If  it   contains   both    con- 

286.  ditions,  so  as  to  provide  that  the  obligor 

{D  See  Note  (n).  should  appear,  and  that  he  should  indein- 

(m)  The  bond  given  under  an  order  of  nify,  it  is  a  nullity.    Hoogland  v.  Hudson, 

iliaticn  nutst  be  for  one  or  the  other  of  8  Bow.  Pr.,  343. 


156  ABBOTTS'  FOEMS. 


Bond  to  Appear.  Warrant  to  Commit. 

from,  against  all  such  expenses, (71)  then  §  this  obligation  to  be  void;  other- 
wise, of  full  force  and  virtue. 

[Attestation,  signatures,  etc.,  as  in  Form  334]. 

342.  Bond  to  Appear ;  to  he  Given  Instead  of  the  Foregoing. 

[Substitute  in  place  of  the  words  between  the  §  §,  in  the  foregoing  form, 
the  follotoing :]  Now,  theeefoee,  if  the  said  Y.  Z.  shall  personally  appear 
at  the  next  Court  of  Sessions  of  said  county,  and  shall  not  depart  the  said 
court  without  its  leave,  then : 

343.   Warrant  to  Commit  Reputed  Father. 

County  of  ,  ss. 

To  any  constable  of  said  county,  greeting : 

Wheeeas,  by  an  order  of  filiation  this  day  made  by  us,  the  undersigned 
justices  of  the  peace  of  said  county,  at  ,  in  said  county,  we  did  ad- 

judge Y.  Z.  to  be  the  father  of  a  bastard  child,  begotten  upon  the  body  01' 
A.  B.,  of  said  town,  and  did  thereupon  order  that  the  said  Y.  Z.  pay  [etc., 
setting  forth  the  directions  for  the  support  of  the  child,  the  sustenance  of 
the  mother,  and  the  payment  of  costs,  etc.,  as  in  the  order:']  and  whereas, 
upon  making  and  subscribing  such  order,  we  did  require  the  said  Y.  Z. 
immediately  to  pay  the  costs  so  certified,  and  to  enter  into  a  bond  to  the 
People  of  this  State,  in  the  penal  sum  of  dollars,  with  good  and 

sufficient  sureties,  to  be  by  us  approved,  with  one  or  other  of  the  conditions 
"which,  by  the  statute  in  such  case  made  and  provided,  is  prescribed:  And 
whereas  due  notice  of  our  said  order  has  been  given  to  the  said  Y.  Z.,  but 
he  has  wholly  neglected  either  to  pay  the  said  costs  and  charges,  or  to 
execute  the  bond  as  aforesaid  [or  otherwise  as  the  case  may  be{o)].  Yoir  aee 
THEEEFOEE  hereby  commanded,  in  the  name  of  the  People  of  the  State  of 
New  York,  to  convey  the  said  Y.  Z.  to  the  common  jail  of  the  said  county, 
the  keeper  whereof  is  hereby  required  to  receive  and  detain  the  said  Y.  Z. 
in  custody  in  said  jail,  until  he  shall  be  discharged  by  the  Court  of  Sessions 
of  the  said  county,  or  shall  execute  such  bond,  in  the  penalty  required,  as 
aforesaid. 

Given  [etc.,  as  in  Form  327]. 

(n)  On  a  bond  to  indemnify,  etc.,  "  at  ment    is   valid,   although   it    was    given 

all  times  hereafter,"  from  the  providing  several  years  after  the  birth  of  tlie  child, 

for  a  bastard  child,  the  obligors  continue  Such  a  hond  is  in  conformity  with  the 

to  be  liable  after  the  child  has  passed  the  statute.    N.  T.  Superior  Court,  1851,  People 

age  of  twenty-one.    The  expression  "baa-  v.  Mitchell,  4  Sandf,,  466. 
tard  child,"  is  merely  descriptive  of  the         (0)   The    party    may    be    committed, 

person.     Falls  v.  Belknap,  1  JoJins.,  486.  either  for  want  of  a  bond,  or  for  non-pay- 

If  the  bond  literally  follows  the  pro-  ment  of  costs.  And  the  form  of  the  war- 
visions  of  the  statute,  it  is  valid,  however  rant  of  commitment,  not  being  prescribed 
superfluous  any  of  its  provisions  may  be.  by  the  statute,  may  be  adapted  to  the 
Thus,  a  bond  which  embraced  the  suste-  nature  of  the  case.  People  v.  StoweJl,  2 
nance  of  the  mother  during  her  confine-  Den.,  127. 


BASTARDY.  157 


Order  of  Filiation.  Warrant  of  Commitment. 


344.  Order  of  Filiation  Made  in  the  Absence  of  the  Reputed  Father,  Re 
Having  Been  Arrested  in  Another  County. 

County  of  ,  ss. 

Y.  Z.  having  been  apprehended  in  the  county  of  ,  in  the  State  of 

New  York,  by  virtue  of  a  warrant,  and  the  direction  and  authority  thereon 
indorsed,  of  which  the  following  are  copies — to  wit  [inserting  copies],  was 
carried  before  J.  K.,  Esq.,  a  justice  of  the  peace  of  said  county  of  , 

who  took  from  him,  the  said  Y.  Z.,  a  bond  to  the  People  of  the  State  of 
New  York,  with  good  and  sufficient  sureties,  in  the  sum  directed  in  the 
indorsement  on  the  said  warrant,  conditioned  that  the  said  Y.  Z.  should 
appear  at  the  next  Court  of  Sessions  to  be  holden  in  said  county  of  , 

and  not  depart  the  said  court  without  its  leave;  and  the  said  bond  having 
been  in  due  form  of  law  returned  to  the  undersigned  M.  N".,  the  justice 
who  issued  the  said  warrant,  he  thereupon  immediately  called  to  his  aid 
the  undersigned  O.  P.,  another  justice  of  the  same  county,  and  the  said 
justices  proceeded  to  make  examination  of  the  matter,  on  the  day  of 

,  18    ,  at  ,  in  said  town,  and  then  and  there  heard  the  proofs 

that  were  offered  in  relation  thereto ;  whereby  [continue  as  in  Form  340 
from  the  *]. 


845.  War7-ant  to  Commit  a  Mother  Refusing  to  Disclose  the  Father's  Name. 

County  of  ,  ss. 

To  any  constable  of  said  county,  greeting : 

"Whereas,  we,  the  undersigned,  justices  of  the  peace  of  said  county,  being 
now  associated  for  the  purpose  of  examining  into  and  making  order  for  the 
indemnity  of  the  [town  of  ,  in]  said  county,  against  the  support  of  a 

certain  child  of  A,  B.,  alleged  to  have  been  born  a  bastard,  and  [likely  to 
become]  chargeable  to  said  town  [or,  county],  upon  the  application  of  E.  F., 
overseer  of  the  poor  of  said  town,  [or,  a  superintendent  of  the  poor  of  said 
county],  have  required  the  said  A.  B.,  who  is  now  before  us,  to  submit  to 
an  examination  on  oath,  in  the  presence  of  Y.  Z.,  who  has  been  brought 
before  us  charged  with  being  the  father  of  said  child,  to  testify  touching 
such  charge,  and  to  disclose  the  name  of  such  father,  but  the  said  A.  B. 
■wholly  refuses  to  testify  and  disclose ;  and  inasmuch  as  it  now  appears  to 
us,  upon  due  proof  thereof,  given  on  oath  before  us,  that  more  than  a 
month  has  elapsed  since  the  said  A.  B.  was  delivered  of  said  child,  and 
that  she  is  now  sufficiently  recovered  from  her  confinement :  You  arb 
THEREFORE  hereby  commanded,  in  the  name  of  the  People  of  the  State  of 
New  York,  to  take  the  said  A.  B.,  and  convey  her  to  the  common  jail  of 
the  said  county,  the  keeper  whereof  is  required  to  detain  the  said  A.  B.  in 
his  custody  in  said  jail,  until  she  shall  so  testify  and  disclose  the  name  of 
such  father. 

Given  \etc.,  as  in  Form  327]. 


158  ABBOTTS'  FORMS. 


Summons  and  Order  against  Mother.  Appeal. 

846.  Summons  to  Mother  Having  Property  in  Her  Own  Right. 

County  of  ,  8s. 

To  any  constable  of  said  county,  greeting: 

YoTj  ARE  HBREBT  required  to  summon  A.  B.,  of  ,  in  said  county,  to 

appear  before  us,  the  undersigned,  two  justices  of  the  peace  of  said  county, 
on  the        day  of  ,  instant,  at         o'clock  in  the         noon,  at  , 

in  the  village  of  ,  to  show  cause,  if  any  she  may  have,  why  we  should 

not  make  an  order  for  the  keeping  of  a  bastard  child,  said  to  have  been 
born  of  the  said  A.  B.,  and  [likely  to  become]  chargeable  to  said  county 
[or,  town],  by  charging  the  said  A.  B.  with  the  payment  of  money  weekly, 
or  other  sustentation ;  E.  F.,  overseer  of  the  poor  of  said  town  {or,  one  of 
the  superintendents  of  the  poor  of  said  county],  having  applied  to  us  for 
that  purpose. 

Given  [etc.,  as  in  Form  327]. 

347.  Order  Thereon. 

OOTTNTY  OF  ,  8«. 

Whereas,  E.  F.,  an  overseer  of  the  poor  of  the  town  of  ,  in  said 

county  [or,  one  of  the  superintendents  of  the  poor  of  said  county],  has  ap- 
plied to  us,  the  undersigned,  two  justices  of  the  peace  of  said  county,  com- 
plaining that  A.  B.,  of  ,  in  said  county,  was  lately  delivered  at  , 
aforesaid,  of  a  bastard  child,  which  is  [likely  to  become]  chargeable  to  said 
county  [or,  town],  and  that  said  A.  B.  is  possessed  of  property  in  her  own 
right,  and  is  of  sufficient  ability  to  support  said  child  ;  and  desiring  that  we 
should  examine  into  the  matter  and  make  an  order  for  the  indemnity  of 
the  said  county  [or,  town] ;  and  whereas,  upon  examination  into  the  matter 
of  said  application,  and  upon  due  proof  thereof,  on  oath  before  us  given, 
and  the  said  A.  B.,  although  present  at  such  examination,  not  showing  any 
sufficient  cause  to  the  contrary  [or,  and  the  said  A.  B.  neglecting  to  appear 
before  us  and  show  cause,  if  any  she  might  have,  to  the  contrary,  although 
duly  summoned  so  to  appear] :  We  do,  therefore,  hereby  order  that  the 
said  A.  B.  pay  weekly  to  said  superintendent  \or,  to  said  overseer]  the  sum 
of  ,  for  the  support  of  said  chUd  [if  necessary,  insert  here,  unless  the 
said  A.  B.  shall  nurse  and  take  care  of  said  child  herself]. 

Given  [etc.,  as  in  Form  327]. 

348.  Notice  of  Appeal  From  Order  of  Filiation.(p) 

To  M.  N.  and  O.  P.,  Esqrs.,  justices  of  the  peace  of  the  county  of  , 

and  to  E.  F.,  overseer  of  the  poor  of  the  town  of  : 

Please  take  notice,  that  the  undersigned,  conceiving  himself  aggrieved  by 

the  order  made  by  you,  of  which  a  copy  is  annexed  [or,  on  the  day  of 

,  adjudging  that  the  undersigned  is  the  father  of  a  bastard  child  of 

(p)  To  be  served  ten  days  before  the  court. 


BILLS  OF  EXCHANGE.  159 

General  Principles. 

A.  B.,  etc.],  hereby  appeals  from  said  order  to  the  next  Court  of  Sessions  to 
be  h  olden  in  said  county. 
[Date.]  ISignature.] 


CHAPTEE  XIY. 

BILLS  OF  EXCHAIIGE.^ 


A  BELL  OF  EXCHANGE  is  a  Written  order  or  request,  whereby  one  person 
directs  another  to  pay  money.  To  render  it  negotiable,  it  should  be  for  pay- 
ment of  a  definite  sum,  to  be  paid  absolutely,  and  at  a  certain  time,  and  to  the 
order  of  some  person  or  to  bearer.  The  person  making  and  signing  such  a 
bill  is  called  the  Drawer ;  the  person  directed  to  make  the  payment  is  called 
the  Drawee,  and  the  person  in  whose  favor  it  is  made  is  called  the  Payee. 
Sometimes  the  Drawer  and  the  Payee  are  the  same  person — that  is,  the  bill  is 
drawn  payable  to  the  Drawer's  order.  If  the  Payee  of  a  bill  writes  his  name 
upon  the  back  of  it,  and  transfers  it  to  a  fourth  person,  he  becomes  an  Indorser, 
and  the  person  thus  taking  the  bill  is  termed  the  Indorsee.  An  indorsee  may 
in  turn  become  indorser,  by  transferring  it  in  the  same  way.  The  person  who 
at  any  given  time  has  the  right  to  the  bill  is  termed  the  Holder. 

An  indorsement  in  blank  is  where  the  indorser  writes  his  name  only  on  the 
back  of  the  note  ;  and  it  is  a  mere  agreement  to  pay,  on  the  usual  conditions 
of  demand  and  notice.  If  he  wishes  to  transfer  the  bill  without  making  him- 
self liable,  he  should  write  before  his  name  the  words  "  without  recourse ;"  or, 
if  he  indorses  merely  as  agent  to  transfer  the  nominal  title,  he  should  add 
the  word  "  agent"  to  his  signature. 

In  accepting  a  bill  of  exchange  or  draft,  the  acceptor  writes  the  word  "  ac- 
cepted," together  with  the  date  when  accepted,  and  his  own  signature,  across 
the  face  or  on  the  back  of  the  bill  or  draft.  But  the  signature  alone  written 
across  the  face  of  the  bill  is  suflScient  to  bind  the  writer  as  acceptor.(a) 

Foreign  Mils  of  exchange  are  usually  drawn  in  several  parts,  the  whole  of 
each  making  up  what  is  called  a  set.  Commonly,  the  drawer  delivers  to  the 
payee  three  bills  of  the  same  tenor  and  date ;  and  each  of  these  contains  a 
condition  that  it  is  to  be  paid,  provided  the  others  remain  unpaid  ;  and  all  of 
them  collectively  amount  to  one  bUl,  and  a  payment  to  the  holder  of  either  is 
good,  and  a  payment  of  one  of  the  set  is  payment  of  the  whole. 

PAGU 

349.  Bill  of  exchange 159 

350.  Set  of  bills ]  60 

351-4.  Indorsetneuts 160 

349.  Bill  of  Exchange. 
$1,000.  New  Yoek,  January  1,  1866. 

At  sight  [or,         days  after  sight ;  or,        days  after  date ;  or,  on  the 
day  of  ,  18    ],  pay  to  the  order  of  [naming  payee]  one  thousand  dol 

lars,  and  charge  the  same  to  account  of  [Signature  of  drawer.] 

To  Messrs.  [naming  drawee], 

Philadelphia. 

(a)  Spear  v.  Pratt,  2  BiM,  582. 


160  ABBOTTS'  FORMS. 


Bills  of  Exchange.  Indorsements. 

350.  A  Set  of  Bills.  , 

No.  592.— Ex.  £1,000  Stg.  New  York,  January  1,  1866. 

Sixty  days  after  sight  of  this  ray  first  of  exchange  (second  and  third  un- 
paid), pay  to  A.  B.  or  order  one  thousand  pounds  sterling,  value  received, 
and  charge  the  same  to  the  account  of  0.  D. 

To  Messrs.  E.  F.  &  Co., 

Liverpool. 

No.  592.— Ex.  £1,000  Stg.  New  Yoek,  January  1,  1866. 

Sixty  days  after  sight  of  this  my  second  of  exchange  (first  and  tliird  un- 
paid), pay  to  A.  B.  or  order  one  thousand  pounds  sterling,  value  received, 
and  charge  the  same  to  the  account  of  C.  D. 

To  Messrs.  E.  F.  &  Co., 

Liverpool. 

No.  592.— Ex.  £1,000  Stg.  New  Yoek,  January  1,  1866. 

Thirty  days  after  sight  of  this  my  third  of  exchange  (first  and  second 
unpaid),  pay  to  A.  B.  or  order  one  thousand  pounds  sterling,  value  re- 
ceived, and  charge  the  same  to  the  account  of  0.  D. 

To  Messrs.  E.  F.  &  Co., 

Liverpool. 

851.  Indorsement  to  Order. 

Pay  to  the  order  of  G.  H. 
A.  B, 

852.  Indorsement  to  Agents,  for  Collection. 

Pay  to  the  order  of  the  cashier  of  the  First  National  Bank  of  New  YorK, 
for  collection.  A.  B. 

858.  Indorsement  Without  Recourse. 

Pay  to  the  order  of  G.  H., 
without  recourse, 

A.  B. 

854.  Indorsement  ly  Attorney  in  Fact. 

Pay  to  the  order  of  G.  H. 

A.  B.,  byM.  N.,  his  attorney. 


BILLS  OF  LADING.  161 


General  Principles. 


CHAPTER  XV. 

BILLS  OF  LADING. 

A  BILL  of  lading  is  the  written  evidence  of  a  contract  for  the  carriage  and 
delivery  of  goods  sent  by  water,  for  a  certain  freight.(a)  It  is  signed  by  the 
captain  or  master  of  the  ship  or  vessel,  and  states,  among  other  things,  by 
whom  the  goods  are  shipped,  and  where  and  to  whom  they  are  to  be  delivered. 
There  are  generally  three  or  more  parts  or  copies  of  the  instrmnent ;  one  of 
which  is  usually  seat  to  the  consignee  by  the  ship  which  carries  the  goods  ; 
another  is  sent  to  him  by  some  other  conveyance,  and  a  third  is  kept  by  the 
merchant  or  shipper.  Contracts  for  the  freighting  of  goods  must  have  all 
these  essential  qualities,  or  else  they  cannot  have  the  effect  of  bills  of  lading.(6) 
Signature  by  the  owner  of  the  vessel  may,  however,  be  suf!icient.(c) 
In  respect  to  the  agreement  to  carry  and  deliver  the  goods,  the  bill  of  lading 
is  a  contract,  to  be  construed,  like  all  other  written  contracts,  according  to  the 
legal  mi  port  of  its  terms,  and  it  may  not  be  varied  by  parol  evidence.(S)  The 
receipt  embodied  in  it  is  not,  however,  conclusive,  and  does  not  preclude  the 
carrier  from  showing  what  was  the  actual  quantity  put  on  board  ;(e)  nor  does  the 
ordinary  admission  in  the  bill  of  lading  that  the  goods  were  received  in  good 
order,  preclude  him  from  showing  the  true  condition  of  the  property  at  the  time 
of  shipping.(/)  The  common-law  liability  of  the  carrier  may  be  qualified  by 
express  agreement  of  the  parties  embodied  in  the  bUl  of  lading.(^) 

355.  Bill  of  Lading. 

Shipped,  in  good  order  and  well -conditioned,  by  [name  the  consignor  of  trie 

goods],  on  board  the  [describe  vessel]  called  the  [name 

'Ecssel],  whereof  M.  N.  is  master,  now  lying  in  the  port 

[Copy  the  marlcs        of  ,  and  bound  for  the  port  of  ,  [here  desig- 

of  the  packages        nate  the  merchandise]^  being  marked  and  numbered  as 

in   the    margin        in  the  margin,  and  are  to  be  delivered  in  the  like  order 

here.]  and  condition  at  the  port  of  (the  dangers  of 

the  seas  only  excepted),  (A)  unto  [name  of  consignee], 

(a)  Mason  v.  Lickbarrow,  1  ff.  Blackst.,  Chase,  1  B.  D.  Smith,  115  ;  The  Same  v. 

857.  Calebs,  20  N.  Y.,  173. 

(J)  Covin  V.  Hill,  4  Den.,   323 ;    Hoi-        (A)  The   clause,    "  the   dangers   of  the 

brook  V.  Vose,  6  Bosw.,  76.  seas  excepted,"  does  not  affect  the  ques- 

(c)  Dows  V.  Greene,  24  K  T.,  638 ;  82  tion  whether  freight  has  been  earned  or 

Barb.,  490.  not.     Its  effect  is  only  to  exempt  the  car- 

{dy  White  V.  Van  Kirk,  25  Barb.,  16.  rier  from  liability  to  pay  for  the  cargo 

(e)  Wolfe  V.  Myers,  3  Sand/.,  7 ;  Nelson  when  lost  through  the  dangers   of  the 

r.  Stephenson,  5  Dner,  538.  seas.      And  unless   there  is   an  express 

(/)  Price  V.  Powell,  3  iT.  Z  (3  Comst.),  agreement  to  the  contrary,  freight  paid 

322;  Ellis  V.  Willard,  9  iV.   Y.  (5  Seld.),  in  advance  may  be  recovered  back,  if  the 

529;   White  v.  Van  Kirk,  25  Barb.,  16;  voyage  is  not  performed,  although  pre- 

Meyer  v.  Peck,  33  Jb.,  532.  vented  by  the  dangers  of  the  seas,  and 

(g)  Mercantile  Mutual  Insurance  Co.  v.  without  fault.  Phelps  v.  Williamson,  5' 
11 


162  ABBOTTS'  FORMS. 


Bills  Sale. 


or  to  his  [or  their]  assigns,  he  or  they  paying  freight(i) 
for  the  said  ,  with  primage  and  average 

accustomed.      Is  witness  witekeof,    the  master   or 
purser  of  the  said  vessel  hath  aflSrmed  to  [three]  bills  of 
lading,  all  of  this  tenor  and  date ;  one  of  which  being 
accomplished,  the  others  to  stand  void. 
Dated  in  the        day  of  ,  18     . 

[Signature  of  Master.] 


CHAPTEE  XVI. 

BILLS  OF  SALE. 


A  BiLli  of  sale  is  a  formal  written  conveyance  of  jjersonal  property.  If  the 
property  is  delivered  when  sold,  or  if  a  part  of  the  purchase-money  is  paid,  a 
written  instrument  is  not  necessary  to  make  the  conveyance  binding,  but  it  is 
convenient  evidence  of  title.  Making  a  bill  of  sale,  however,  is  not  enough, 
without  delivery  of  the  property,  to  protect  the  purchaser  against  the  creditors 
of  the  seller.  If  the  sale  is  not  accompanied  by  an  actual  and  continued  change 
of  possession,  it  is  void  as  against  creditors,  and  subsequent  purchasers  and 
mortgagees  in  good  faith,  unless  the  buyer  can  show  that  his  j>urcliase  was 
made  in  good  faith,  without  any  intent  to  defraud  them,  and  that  there  was 
some  good  reason  for  leaving  the  property  in  the  hands  of  the  seUer. 

PAOC 

856.  Bill  of  sale  describing  the  chattels 163 

857.  Bill  of  sale  of  a  horse,  with  warranty 163 

858.  Bill  of  sale,  referring  to  a  schedule  annexed,  for  an  enumeration  of  the  goods  164 

859.  Schedule  annexed  to  the  foregoing  bill  of  sale 164 

360.  Bill  of  sale  where  a  schedule  is  to  be  subsequently  made 164 

861.  Declaration  of  symbolical  delivery  which  may  be  inserted 165 

362.  Another  form ;  by  indorsement  on  the  bill  of  sale 165 

363.  Bill  of  sale  in  consideration  of  the  assignee's  agreeing  to  maintain  the  as- 

signor for  life 165 

864.  Bill  of  sale  of  a  registered  vessel  of  the  United  States 166 

865.  Acknowledgment  of  the  foregoing  bill  of  sale 167 

866.  Bill  of  sale  of  an  enrolled  vessel  of  the  United  States 167 

367.  Bill  of  sale  of  a  vessel  not  registered  or  enrolled 168 

368.  Bill  of  sale  of  stocks  already  pledged  to  another  person 169 

Sand/.,  578;  S.  -0.,  10  J\r.  Y.  Leg.  Obs.,  tect  the  master,  and  not  for  the  benefit  of 

272.  the  consignor.      In  case  of  the  carrier's 

Injury  to  the  jfoods  by  rats  on  board  neglect  to  collect  the  freight  from  the  con- 
ship  is  not  within  this  clause.  Aymar  v.  signee,  it  does  not  exonerate  the  consignor 
Astor,  6  Cow.,  267.  from   liability  therefor.      Shepard  v.  De 

(»)  The  eflfect  of  this  clause  in  respect  Bernales,  13  Ecut.,  565;  Jobbittr.  Qoun- 

to  payment  by  the  consignee    i"  to  pro-  dry,  29  Barb.,  509. 


BILLS  OF  SALE.  163 


Common  Forms. 


356.  Bill  of  Sale  Describing  the  Chattels. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  county 

of  ,  and  State  of  ,  farmer,  party  of  the  first  part,  in  considera- 

tion of  the  sum  of  dollars,(a)  to  me  paid  by  Y.  Z.,  of  aforesaid, 

merchant,  party  of  the  second  part,  the  receipt  whereof  I  do  hereby  ac- 
knowledge [or  state  other  consideration — e.  g.,  thus:  in  consideration  of 
the  sum  of  dollars,  to  me  to  be  paid  by  Y.  Z.,  of,  etc.,  in  equal  quar- 

terly instalments,  secured  by  his  notes  at  three,  six,  nine,  and  twelve  months 
respectively],  have  bargained,  sold,  granted,  and  conveyed,  and  by  these 
presents  do  bargain,  sell,  grant,  and  convey  unto  the  said  party  of  the  sec- 
ond part,  his  executors,  administrators,  and  assigns  [here  set  out  the  chattels 
sold — e.  g.,  thus :]  all  the  hops  growing  on  my  farm  in  said  town,  one  yoke 
of  oxen,  red  and  white,  heretofore  on  said  farm,  and  one  bay  horse,  with 
farm-wagon  and  harness,  now  in  the  keeping  of  M.  N.,  at  .     To  have 

and  to  hold  the  same  unto  the  said  party  of  the  second  part,  his  executors, 
administrators,  and  assigns,  forever.  And  I  do  for  myself,  my  heirs,  execu- 
tors, and  administrators,  covenant  and  agree,  to  and  with  the  said  party  of 
the  second  part,  to  warrant  and  defend  the  said  described  goods  hereby 
sold,  unto  the  said  party  of  the  second  part,  his  executors,  administrators 
and  assigns,  against  all  and  every  person  and  persons  whatsoever. (5) 

In  witness  whebeof,  I  have  hereunto  set  my  hand  and  seal,  the  day 
of  ,18    .  A.  B.  [Seal] 

Signed,  sealed,  and  delivered) 
in  the  presence  of  ) 

[Signature  of  witness.'] 

357.  Bill  of  Sale  of  a  Horse^  With  Warranty. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  county 

of  ,  and  State  of  ,  farmer,  party  of  the  first  part,  in  considera- 

tion of  the  sum  of  dollars,  to  me  paid  by  Y.  Z.,  of  aforesaid, 

merchant,  party  of  the  second  part,  the  receipt  whereof  I  do  hereby  ac- 
knowledge [or  state  other  consideration],  have  bargained,  sold,  granted,  and 
conveyed,  and  by  these  presents  do  bargain,  sell,  grant,  and  convey,  unto 
the  said  party  of  the  second  part,  his  executors,  administrators,  and  as- 
signs, one  sorrel  horse,  with  white  forehead,  known  as  Charley ;  to  have 
and  to  hold  the  same  unto  the  said  party  of  the  second  part,  his  executors, 
administrators,  and  assigns,  forever.  And  I  do  hereby  warrant  the  said 
horse  to'  be  sound  in  every  respect,  to  be  free  from  vice,  to  be  well  broken, 
and  kind  and  gentle  in  single  and  in  double  harness,  and  under  the  saddle: 

And  I  DO  for  myself,  my  heirs,  executors,  and  administrators,  covenant 
and  agree,  to  and  with  the  said  party  of  the  second  part,  to  warrant  and 

(a)  It  is  not,  in  general,   essential   to  See    chapter    of   Acknowledgment   and 

state  a  consideration.     In  Maryland  and  Proof  of  Deeds,  where  the  form  is  given : 

LonisiANA,  however,  the  true  considera-  Form  No.  70,  Ante,  p.  43. 

tion  should  be  stated ;  and  in  Maryland  (6)  As  to  other  special  covenants,  see 

the  bill  must  be  verified  by  an  affidavit,  the  chapter  on  Covenakts. 


164  ABBOTTS'  FORMS. 


Bill  of  Sale  with  Scliedulcs. 


defend  the  said  described  goods  hereby  sold  unto  the  said  party  of  the 
second  part,  his  executors,  administrators,  and  assigns,  against  all  and  every 
person  and  persons  whatsoever. 

In  witness  whereof,  I  hereunto  set  my  hand  and  seal,  the        day  of 
,  18    .  A.  B.  \SeaL] 

Signed,  sealed,  and  delivered  ) 
in  the  presence  of  ) 

[Signature  of  initness.] 

358.  Bill  of  Sale,  Referring  to  a  Schedule  Annexed^  for  An  Enumeration  oj 

the  Goods.  " 

Know  all  men  by  these  presents,  that  I,  A,  B,  of  ,  in  the  county 

of  ,  and  State  of  ,  farmer,  party  of  the  first  part,  in  considera- 

tion of  the  sum  of  dollars,  to  me  paid  by  Y.  Z.,  of  aforesaid, 

merchant,  party  of  the  second  part,  the  receipt  whereof  I  do  hereby  ac- 
knowledge [or  state  other  corisideration],  have  bargained,  sold,  granted,  and 
conveyed,  and  by  these  presents  do  bargain,  sell,  grant,  and  convey,  unto 
the  said  party  of  the  second  part,  his  executors,  administrators,  and  assigns, 
the  furniture  and  household  goods  contained  in  my  house,  No.  ,  in 
street,  in  the  city  of  ,  of  which  a  schedule  is  hereunto  annexed  ;  to 

have  and  to  hold  the  same  unto  the  said  party  of  the  second  part,  his  ex- 
ecutors, administrators,  and  assigns,  forever. 

And  I  DO  for  myself,  my  heirs,  executors,  and  administrators,  covenant 
and  agree,  to  and  with  the  said  party  of  the  second  part,  to  warrant  and 
defend  the  said  described  goods  hereby  sold,  unto  the  said  party  of  the 
second  part,  his  executors,  administrators,  and  assigns,  against  all  and  every 
person  and  persons  whatsoever. 

In  witness  wheeeof,  I  have  hereunto  set  my  band  and  seal,  the  day 
of  ,  18    .  A.  B.  [Seal] 

Signed,  sealed,  and  delivered  ) 
in  the  presence  of  ) 

[Signature  of  tcitness.] 

359.  Schedule  Annexed  to  the  Foregoing  Bill  of  Sale. 

Sohedtjle  of  all  the  furniture  and  household  goods  mentioned  in  and  con- 
veyed by  the  annexed  biU  of  sale  : 

One  rosewood  sofa. 
Six         do.       chairs. 
One        do.       arm-chair. 
[Thus  enumerating  all  the  goods.] 
Annexed  and  signed,  this        day  of  ,  18     . 

[Signature  of  witness.]  [Signature  of  party.] 

860.  Bill  of  Sale,  Where  a  Schedule  is  to  he  Subsequently  Made. 

[As  in  the  preceding  forms,  but  describing  the  goods  in  such  words  as  these :] 
All  and  singular  the  goods  and  stock  of  goods  and  merchandise,  consisting 


BILLS  OF  SALE.  16; 


111  Consideration  of  Maintenanc  for  Life. 


of  whips,  lashes,  and  materials  therefor,  now  in  the  store  of  the  party  of 
the  first  part,  at  No.        ,  street,  in  the  city  of  ,  and  in  the  fac- 

tory of  the  said  party  of  the  first  part,  at  ,  in  the  State  of  [hut 

excepting  and  reserving  therefrom  all  goods  sold,  or  agreed  to  be  sold,  and 
packed  to  be  delivered  to  purchasers],  and  all  the  furniture  and  movable 
fixtures  in  said  store,  belonging  to  the  party  of  the  first  part,  a  schedule  of 
said  goods  and  chattels  to  be  made  by  the  party  of  the  first  part,  and  an- 
nexed hereto  with  all  convenient  speed. 

[The  schedule  will  ie  in  the  same  form  as  No.  359.] 

36 L  Declaration  of  Symbolical  Delivery^  Which  May  he  Inserted. 

[Add  at  end  of  either  preceding  form  of  Bill,  before  the  clause,  In  witness, 
etc. :]  And  I  have  put  the  said  Y.  Z.  in  full  possession  of  said  goods  and 
chattels,  by  delivering  him  one  chair  and  one  table,  being  part  of  the  said 
goods  and  chattels,  in  the  name  of  all  the  said  goods  and  chattels,  at  the 
sealing  and  delivery  hereof. 

362.  Another  Form;  By  Indorsement  On  the  Bill  of  Sale. 

Be  it  kemkmbeeed,  that,  on  the  day  and  year  first  within  written,  livery 
and  seizin  of  the  goods  within  bargained  and  sold,  was  delivered  by  the 
said  A.  B.  to  the  said  Y.  Z.  by  the  said  A.  B.'s  giving  to  the  said  Y.  Z.  one 
silver  cup,  in  the  name  of  livery  of  seizin  of  the  whole  of  said  goods  and 
chattels,  in  presence  of  us.  [Signature  of  witnesses.'] 

363.  Bill  of  Sale  in  Consideration  of  the  Assignee'' s  Agreeing  to  Maintain 
the  Assignor  fur  Life. 

This  tndentuee,  made  on  the         day  of  ,  18    ,  between  A.  B.,  of 

,  in  the  county  of  ,  farmer,  party  of  the  first  part,  and  Y.  Z., 

his  son,  of  the  same  place,  party  of  the  second  part,  witnesseth :  That  the 
party  of  the  first  part,  in  consideration  of  the  covenants  hereinafter  con- 
tained, to  be  performed  by  the  party  of  the  second  part,  and  of  the  sum  of 
one  dollar,  to  him  in  hand  paid  by  the  said  party  of  the  second  part,  the 
receipt  whereof  is  hereby  acknowledged,  has  bargained  and  sold,  granted 
and  conveyed,  and  by  these  presents  does  bargain,  sell,  grant,  and  convey 
[here  set  out  the  chattels  sold — e.  g.,  thus ;]  All  the  farm-tools,  utensils, 
veMcles,  and  implements  of  the  party  of  the  first  part,  on  his  farm  at 
aforesaid,  and  one  horse,  one  cow,  and  ten  sheep,  and  the  hay  and  feed  in 
the  barn  on  said  farm.  To  have  and  to  hold  the  same  unto  the  said  party 
of  the  second  part,  his  executors,  administrators,  and  assigns,  forever. 

And  the  party  of  the  first  part  does  for  himself  and  his  heirs,  executors, 
and  administrators,  covenant  and  agree,  to  and  with  the  said  party  of  the 
second  part,  to  warrant  and  defend  the  said  described  goods  hereby  sold, 
unto  the  said  party  of  the  second  part,  his  executors,  administrators,  and 
assigns,  against  all  and  every  person  and  persons  whatsoever. 

And  in  coxsideeatiox  of  the  premises,  the  party  of  the  second  part  doth 
hereby,  for  himself,  his  executors,  and  administrators,  agree  with  the  party 


166  ABBOTTS'  FORMS. 


Bill  of  Sale  of  a  Ve«!<el. 


of  the  first  part  that  he  will  support  and  maintain,  and  comfortably  and 
sufficiently  clothe,  the  party  of  the  first  part,  and  in  all  respects  care  and 
provide  for  him  for  and  during  the  remainder  of  his  natural  life  ;  and  that 
he,  the  said  party  of  the  second  part,  will  pay  unto  the  said  party  of  the 
first  part,  the  sum  of  dollars,  on  the  first  days  of  and  ,  in 

each  and  every  year  during  the  said  life :  Pbovided,  howevee,  that  the  said 
party  of  the  first  part  shall  not  refuse  to  reside  in  the  county  of  , 

aforesaid,  except  such  refusal  be  occasioned  by  inability  to  obtain  com- 
fortable and  sufficient  board,  lodging,  and  maintenance  in  the  said  county. 

In  wiTifEss  WHEREOF,  the  said  parties  have  hereunto  set  their  hands  and 
seals,  the  day  and  year  above  written.  A.  B,  [Seal.] 

In  presence  of  Y.  Z.  [Seal.] 

[Signature  of  witness.] 

364.  Bill  of  Sale  of  a  Registered  Vessel  of  the  United  States. 
To  all  to  whom  these  presents  shall  come,  greeting : 

Know  te,  that  I,  A.  B.,  of  ,  owner  [or,  we,  A.  B.,  of  (|)  and 

C.  D.,  of  (i),  owners]  of  the  bark  or  vessel  called  the  Mary,  of  New 

York,  of  the  burden  of  tons,  or  thereabouts,  for  and  in  consideration 

of  the  sum  of  dollars,  lawful  money  of  the  United  States  of  America, 

to  us  in  hand  paid  before  the  ensealing  and  delivery  of  these  presents,  by 
Y.  Z.,  the  receipt  whereof  we  do  hereby  acknowledge,  and  are  therewith 
fully  satisfied,  contented,  and  paid,  have  bargained  and  sold,  and  by  these 
presents  do  bargain  and  sell,  unto  the  said  Y.  Z.,  his  executors,  admin- 
istrators, and  assigns,  all  of  the  said  bark  or  vessel,  together  with  all 
the  masts,  bowsprit,  sails,  boats,  anchors,  cables,  and  all  other  necessaries 
thereto  appertaining  and  belonging  ;  the  certificate  of  the  registry  of  which 
said  bark  or  vessel  is  as  follows — to  wit  [here  insert  the  registry  at  length — 
e.g.,  thus:] 

No.  .  PERMANENT. 

In  pursuance  of  an  act  of  Congress  of  the  United  States  of  America,  en- 
titled, "An  Act  concerning  the  Registering  and  Recording  of  Ships  or  Ves- 
sels," A.  B.,  of  the  city,  county,  and  State  of  ,  has  taken  or  subscribed 
the  oath  [or,  affirmation]  required  by  the  said  act ;  and  having  sworn  that 
he,  the  said  A.  B.,  is  the  owner  [or.  that  they  the  said  A.  B.  (|)  and  C.  D.  {%) 
of  said  place,  are  the  owners]  of  the  ship  or  vessel  called  the  Mary,  of  I?ew 
York,  whereof  is  at  present  master,  and  is  a  citizen  of  the  United 

States,  and  that  the  said  ship  or  vessel  was  built  at  ,  in  the  State  of 

,  in  the  year  18    ,  as  per  Register  No.  ,  issued  at  this  port  this 

day,  now  cancelled,  property  changed. 

And  said  register  having  certified  that  the  said  ship  or  vessel  has 
decks  and         masts,  and  her  length  is        feet  and        inches,  her  breadth 
feet  inches,  her  depth  feet  and  inches,  and  that  she 

measures  tons,  and  that  she  is  a  bark,  has  a  square  stern,  no  galleries, 

and  billet  head ;  and  the  said  A.  B.  having  agreed  to  the  description  and 
admeasurement  above  specified,  and  sufficient  security  having  been  given, 


BILLS  OF  SALE.  167 


Shipping. 


according  to  the  said  act,  the  said  bark  has  been  duly  registered  at  the  port 
of  New-  York, 

Given  under  our  hands  and  seals,  at  the  port  of  ,  this  day  of 

,  in  the  year  one  thousand  eight  hundred  and 

To  HAVE  AND  TO  HOLD  the  Said  bark  Mary,  and  appurtenances  thereunto 
belonging,  unto  him,  the  said  Y,  Z.,  his  executors,  administrators,  and  as- 
signs, to  the  sole  and  only  proper  use,  benefit,  and  behoof  of  him,  the  said 
Y.  Z.,  his  executors,  administrators,  and  assigns,  forever.  And  I,  the  said 
A.  B.  [or,  we,  the  said  A.  B.  and  0.  D.],  have,  and  by  these  presents  do 
promise,  covenant,  and  agree,  for  myself,  my  [or,  ourselves,  our]  heirs,  ex- 
ecutors, and  administrators,  to  and  with  the  said  Y.  Z.  and  his  heirs,  ex- 
ecutors, administrators,  and  assigns,  to  warrant  and  defend  the  said  bark 
Mai'y,  and  all  the  other  before-mentioned  appurtenances,  against  all  and 
every  person  and  persons  whomsoever. 

Ix  TESTIMONY  WHEREOF,  I,  the  Said  A.  B.,  [or,  we,  the  said  A.  B.  and 
0.  D.]  have  hereunto  set  my  hand  and  seal  [or,  our  hands  and  seals],  this 
day  of  ,  in  the  year  of  our  Lord  18    .  [Signatures  and  seals.] 

Sealed  and  delivered  in  the  presence  of 
[Signature  of  witness.] 


365.  Acknowledgment  of  the  Foregoing  Bill  of  Sale. 


\\ 


State  of 

County  of 

On  the  day  of  the  date  hereof  personally  appeared  before  me  A.  B.  [and 
0.  D.],  above  named,  to  me  known,  and  acknowledged  the  foregoing  to  be 
their  free  act  and  deed. 

In  testimony  wheeeop,  I  have  hereunto  set  my  hand  and  aflSxed  my  seal 
of  office,  this        day  of  ,  18     .  [Signature.] 

[Seal.]  Notary  Public. 

366.  Bill  of  Sale  of  An  Enrolled  Vessel  of  the  United  States. 

To  ALL  to  whom  these  presents  shall  come,  greeting  : 

Know  ye,  that  I,  A.  B.,  of  the  city,  county,  and  State  of  New  York,  sole 
owner  [or,  we,  A.  B.  of  ,  \,  and  C.  D.,  of  ,  \,  owners]  of  the  schooner 
or  vessel  called  the  Ann,  of  the  burden  of  tons  or  thereabouts,  for  and 

in  consideration  of  the  sum  of  dollars,  lawful  money  of  the  United  States 
of  America,  to  me  [or,  us]  paid  before  the  sealing  and  delivery  of  these  pres- 
ents, by  Y.  Z.,  secretary  and  treasurer  of  the  Company,  a  corporation  of 
,  in  the  State  of  ,  the  receipt  whereof  I  [or,  we]  do  hereby  acknow- 
ledge, and  am  [or,  are]  therewith  fully  satisfied,  contented,  and  paid,  have 
t)argained  and' sold,  and  by  these  presents  do  bargain  and  sell  unto  the  said 
Y.  Z.,  as  secretary  and  treasurer  as  aforesaid,  his  successors  and  assigns,  the 
whole  of  the  said  schooner  or  vessel,  together  with  the  whole  of  the  masts, 
bowsprit,  sails,  boats,  anchors,  cables,  and  all  other  necessaries  thereunto 
appertaining  and  belonging.    The  certificate  of  the  enrolment  of  which  said 


168  ABBOTTS'  FORMS. 


Bill  of  Sale  of  Shipping. 


schooner  or  vessel  is  as  follows — to  wit  {here  insert  the  certificate  of  enrol- 
ment at  length — e.  g.,  thtis :] 

ENBOLMEKT. 

No.  20.  Permanent. 

Eneolment,  in  conformity  to  an  act  of  the  Congress  of  the  United  States 
of  America,  entitled,  "An  Act  for  Enrolling  and  Licensing  Ships  or  Vessfcls 
to  be  Employed  in  the  Coasting  Trade  and  Fisheries,  and  for  Regulating 
the  Same."    M.  N.,  of  ,  of  tlie  county  of  ,  in  the  State  of         , 

having  taken  or  subscribed  the  oath  required  by  said  act,  and  having  sworn 
that  Y.  Z.,  of  ,  in  the  State  of  ,  secretary  and  treasurer  of  the 

Company,  is  a  citizen  of  the  United  States,  and  sole  owner  of  the  ship 
or  vessel  called  the  Ann,  of  ,  whereof  M.  N.  is  master,  and  as  he  hath 

sworn  is  a  citizen  of  the  United  States,  and  that  the  said  ship  or  vessel  was 
built  at  ,  in  the  State  of  ,  in  the  year  eighteen  hundred  and 

,  as  per  enrolment.  No.        ,  issued  at  this  port. 

And  said  enrolment  having  certified  that  the  said  ship  or  vessel  has 
deck  and        masts,  and  that  her  length  is  feet        inches,  her  breadth 

feet        inches,  her  depth  feet        inches,  and  that  she  measures 

tons ;  and  that  she  is  a  square-sterued  schooner,  has  a  round  tuck, 
no  galleries,  and  a  billet  head.  And  the  said  A.  B.  having  agreed  to  the 
description  and  admeasurement  above  specified,  and  suflScient  security  hav- 
ing been  given  according  to  the  said  act,  the  said  schooner  has  been  duly 
enrolled  at  the  port  of 

Given  under  my  hand  and  seal,  at  the  port  of  ,  this  day  of 

,  in  the  year  one  thousand  eight  hundred  and 

To  HAVE  AND  TO  MOLD  the  Said  schooner  or  vessel  Ann,  and  appurte- 
nances thereunto  belonging,  unto  him,  the  said  Y.  Z.,  secretary  and  treas- 
urer, etc.,  as  aforesaid,  his  successor  and  assigns,  to  the  sole  and  only 
proper  use,  benefit,  and  behoof  of  him,  the  said  Y.  Z.,  his  successor  and 
assigns,  as  aforesaid,  forever.  And  I,  the  said  A.  B.  [or,  we,  the  said  A.  B. 
and  C.  D.],  have,  and  by  these  presents  do  promise,  covenant,  and  agree,  for 
myself,  my  heirs  [or,  ourselves,  our  heirs],  executors,  and  administrators,  to 
and  with  the  said  Y.  Z.,  his  successors  and  assigns,  to  "warrant  and  defend 
the  said  schooner  or  vessel,  and  all  the  other  before-mentioned  appurte- 
nances, against  all  and  every  person  and  persons  whomsoever. 

In  testimony  whereof,  the  said  A.  B.  [and  C.  D.]  hereunto  hath  set  his 
hand  and  seal  [<??•,  have  set  their  hands  and  seals],  this  day  of  , 

eighteen  hundred  and  .  [Signatures  and  seals.] 

Sealed  and  delivered  in  presence  of 
[Signature  of  witness.l 

867.  Bill  of  Sale  of  a  Vessel  27bt  Registered  or  Enrolled. 
To  ALL  to  whom  these  presents  may  come,  greeting : 

Know  te,  that  I,  A.  B.,  of  ,  owner  of  the  sloop  called  the  ,  of 

the  burden  of  tons,  or  thereabouts,  in  consideration  of  the  sum  of 


BILLS  OF  SALE.  1G9 


Shipping. 


doUaps,  to  me  in  hand  paid,  the  receipt  whereof  I  hereby  acknow- 
ledge, have  bargained  and  sold,  and  by  these  presents  do  bargain  and  sell, 
unto  Y.  Z.,  of  ,  the  said  sloop,  together  with  the  mast,  bowsprit,  sails, 

boats,  anchors,  cables,  and  other  appurtenances  thereunto  appertaining  and 
belonging. 

To  HAVE  AND  TO  HOLD  the  Said  sloop,  and  appurtenances  thereunto  be- 
longing, unto  him,  the  said  Y.  Z.,  his  executors,  administrators,  and  as- 
signs, to  his  and  their  sole  and  only  proper  use,  benefit,  and  behoof  forever. 

And  ftjrtheb,  I  do  hereby  promise,  covenant,  and  agree,  for  myself,  my 
heirs,  executors,  and  administrators,  to  and  with  the  said  Y.  Z.,  his  exec- 
utors, administrators,  and  assigns,  to  warrant  and  defend  the  title  to  the  said 
sloop,  and  the  appurtenances  aforesaid,  against  all  and  every  person  and 
persons  whomsoever. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this  day 
of  ,  in  the  year  one  thousand  eight  hundred  and 

"^Sianature  and  8eal.'\ 

Sealed  and  delivered  in  presence  of, 
[Signature  of  witness.] 

368.  Bill  of  Sale  of  StocTcs  Already  Pledged  to  Another. 

Whereas,  I,  A.  B.,  of  ,  hotel-keeper,  am  justly  indebted  to  W.  X. 

and  Y.  Z.  in  the  sum  of  dollars;  therefore,  in  consideration  of  such 

indebtedness,  and  of  one  dollar  to  me  in  haiid  paid  by  said  W.  X.  and  Y.  Z., 
I  liereby  seU,  assign,  transfer,  and  set  over  to  thein  shares  of  the  capital 

stock  of  the  Bank,  in  the  city  of  ,  belonging  to  me,  and  now 

held  by  M.  N.,  subject,  however,  to  such  claims  as  said  M.  N.  may  have  on 
the  same. 

To  HA.VE  and  to  hold  the  said  stock  (subject  as  aforesaid)  to  the  said 
W.  X.  and  Y.  Z.,  and  their  legal  representatives  and  assigns  forever,  to  be 
applied  to  the  payment  of  such  indebtedness ;  and  for  the  purpose  of  enabling 
said  W.  X.  and  Y.  Z.  to  demand,  receive,  collect,  and  dispose  of  said  stock 
and  said  interest,  I  hereby  appoint  and  constitute  them  my  true  and  lawful 
attorneys,  and  authorize  them  to  take  aU  lawful  means  they  may  deem  ne- 
cessai'y  aud  proper,  in  my  name  or  otherwise,  but  at  their  own  cost  and  ex- 
pense, to  collect,  receive,  and  realize  said  stock  and  interest,  and  to  settle, 
negotiate,  and  arrange  the  same,  and  to  transfer  said  stock,  and  to  do  and 
perform  every  act  and  thing  necessary  to  be  done  in  the  premises  as  if  I, 
the  said  A.  B.,  was  personally  present  and  assenting  thereto. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this  day 
of  ,  18    . 

In  presence  of,  [Signature  and  seal.] 

[Signature  0/ witness.'] 


170  ABBOTTS'  FORMS. 


General  Rules  Regarding  Bonds. 


CHAPTEE  XVn. 
BONDS. 

A  BOND  is  a  written  instrument  under  seal,  by  which  the  maker  acknow- 
ledges some  liability  or  duty,  with  a  penalty  for  non-fulfilment.  The  maker  of 
the  bond  is  called  the  obligor ;  the  person  to  whom  it  is  made,  the  obligee.  A 
seal  is  generally  regarded  as  essential  to  the  idea  of  a  bond,  although  in  some 
of  the  States  it  is  not  so.  As  to  what  is  sufficient  to  constitute  a  seal,  see  the  titles 
of  the  respective  States  in  the  chapter  on  Acknowledgment  of  Deeds. 

No  particular  form  of  words  is  essential  to  constitute  a  bond,  but  any  words 
which  declare  the  intention  of  the  parties,  and  denote  that  one  is  bound  to  the 
other,  will  be  sufficient.  The  apt  and  appro])riate  form,  however,  is,  first,  a 
clause  declaring  that  the  obligor  is  boimd  to  the  obligee  in  a  specified  sum  of 
money,  for  the  payment  of  which  he  usually  stipulates  that  he  binds  his  heirs 
as  well  as  his  executors  and  administrators.  The  eflFect  of  this  is  to  render  the 
heirs  liable  upon  it  to  the  extent  of  the  property  which  they  inherit  froni  him. 
This  first  part  of  the  bond,  which  is  termed  the  penal  clause  or  the  obligation, 
closes  with  a  statement  that  the  instrument  is  sealed,  and  of  the  date  thereof. 
If  nothing  further  is  added,  the  instrument  is  termed  a  single  bond,  or  bill 
penal.  Usually,  a  condition  is  inserted  before  the  signatures ;  the  object  of 
the  condition  is  to  state  the  acts,  a  performance  of  which  on  the  part  of  the 
obligor  or  others  will  exonerate  him  from  liability  for  the  penalty.  If  the 
liability  is  intended  to  be  limited  by  the  circumstances  or  object  under  which 
the  bond  is  given,  they  may  conveniently  be  stated  in  a  recital  introducing  the 
condition. 

The  chief  differences  between  a  bond  and  an  unsealed  note  are,  that  the  seal 
imports  a  sufficient  consideration  to  make  the  instrument  binding  ;  that  the 
bond  is  not  barred  by  the  Statute  of  Limitations  until  the  lapse  of  twenty 
years ;  that  the  remedy  may  survive  against  the  heirs  if  they  are  mentioned  ;(a) 
and  that  a  surety  joining  is  not  bound  beyond  the  amount  of  the  penalty. 

A  surety  joining  in  a  bond  is  bound  to  the  obligee  in  the  same  sense  as  the 
principal,  unless  the  bond  is  otherwise  expressed  ;  but  he  will  be  exonerated 
if  the  obligee,  without  his  knowledge  or  consent,  alters  the  obligation  of  the 
principal,  to  the  prejudice  of  the  surety.  If  those  first  signing  a  bond  desire 
not  to  be  bound  unless  all  whom  they  expect  to  sign,  do  so,  they  should  declare 
their  execution  of  it  to  be  on  this  condition  ;  and  this  should,  lor  convenience, 
be  expressed  in  the  bond. 

Where  a  bond  is  prescribed  by  a  statute,  it  will  be  deemed  valid  if  it  conform 
substantially  to  the  requirements  of  the  statute,  and  do  not  vary  in  any  matter 
to  the  prejudice  of  the  party  from  whom  it  is  exacted  ;  and  it  will  be  deemed 
Bufticient  as  towards  the  party  to  whom,  or  for  whose  benefit,  such  bond  is 
given,  if  it  do  not  vary  to  the  prejudice  of  his  rights.  But  every  material  re- 
quirement must  be  observed.  If  the  bond  contains  any  thing  illegal,  the  whole 
is  void.  K  it  contains  any  thing  superfluous  which  is  not  illegal,  the  excess  is 
only  void.     If  any  material  thing  is  omitted,  the  statute  is  not  complied  with. 

A  bond  should  be  completely  written,  as  to  all  material  parts,  before  it  is 
delivered.  The  practice  of  executing  and  delivering,  wth  any  essential  thing 
omitted,  to  be  inserted  afterwards  by  another  person  than  the  obligor,  is  to  be 
avoided.  According  to  the  view  of  the  law  which  obtains  in  several  of  the 
States,  such  an  instrument  is  whoUy  void. 

(a)  By  the  statutes  of  New  York  and  extent  of  the  value  of  the  inheritance.  In 
some  other  States  the  heir  may  bo  held  some  of  the  States,  too,  the  use  of  seals 
liable  for  any  debts  of  the  ancestor,  to  the    upon  private  writings  is  abolished  by  law. 


BONDS.  171 

Analysis  of  Chapter. 


I.  Bonus  conditioned  foh  the  payment  of  monet  only.  paos 

369.  Short  form  of  bond  for  payment  of  money,  with  or  without  penalty.  178 

370.  Common  form  of  bond  for  payment  of  money 173 

871.  Tliesame;  with  interest  periodically  meanwhile 173 

872.  The  same  ;  for  payment  in  equal  annual  instalments,  with  interest 

annually  on  what  remains  unpaid 174 

873.  The  same  ;  for  payment  in  unequal  instalments  with  interest 174 

374.  The  same  ;  for  payment  in  instalments  with  interest  on  each  in- 

stalment as  it  falls  due 174 

375.  The  same  ;  for  payment  after  death  of  third  person 174 

876.  Bond  with  interest  clause — usual  where  mortgage  is  given 175 

377.  The  same  ;  with  insurance  clause 175 

378.  Bond  by  several  obligors 176 

879.  Signature  by  an  obligor  who  will  not  be  bound  unless  others  sign..  177 

880.  Bond  by  several  persons,  bound  severally,  for  several  amounts 177 

881.  Bond  by  one  obligor  to  several  obligees 177 

382.  Bond  to  executors  or  administrators 178 

383.  Bond  to  an  unincorporated  society 178 

384.  Bond  to  a  corporation 178 

385.  Bond  by  a  corporation 179 

386.  Negotiable  bond  of  corporation 179 

387.  The  same ;  secured  by  mortgage 180 

888.  Form  of  coupons  or  interest  warrants  annexed  to  negotiable  bond..  181 

889.  Bond  with  warrant  of  attorney  to  confess  judgment 181 

890.  Short  form  of  the  same 182 

391.  Collateral  bond  for  the  payment  of  money  already  secured  by  mort- 

gage only 182 

392.  Collateral  bond  by  surety,  for  payment  of  money  already  secured 

by  bond  and  mortgage 183 

893.  Bond  for  payment  of  an  annual  sum  to  two  persons  and  the  survivor 

for  life 183 

894.  Bond  for  payment  of  an  annuity  for  a  term  of  years 184 

895.  Bond  for  payment  of  money  upon  expiration  of  apprenticeship,  or 

upon  marriage 184 

396.  Bond  or  bill  for  an  unliquidated  sum 185 

397.  Bond  by  debtors  to  pay  according  to  a  composition  deed 185 

II.  Bottomry  and  respondentia  bonds. 

898.  Bottomry  bond 186 

399.  Bottomry  bond  by  a  part   owner,  signing  as  attorney  for  other 

owner 187 

400.  Eespondentia  bond 18g 

III.  Bonds  for  the  performance  or  non-performance  of  various  acts. 

401.  Bond  for  the  performance  of  covenants 189 

402.  Bond  that  a  warranty  shall  be  kept 189 

403.  Bond  for  repayment  of  purchase-money,  on  a  breach  of  warranty.  190 

404.  Bond  for  a  deed,  by  vendor  to  purchaser 190 

405.  Bond  with  surety,  to  execute  a  conveyance 191 

406.  Bond  to  give  a  quit-claim 192 

407.  Bond  that  a  third  person  shall  convey  on  coming  of  age 192 

408.  Condition  for  quiet  possession  meantime 193 

409.  Bond  to  execute  an  assignment 193 

410.  Bond  to  pay  off  and  cancel  a  mortgage 198 

411.  Bond  by  vendor,  to  deliver  lost  title-deeds  when  found,  and  to  in- 

demnify against  encumbrances 194 


172  ABBOTTS'  FORMS. 


Bonds. 


FAOB 

412.  Bond  by  part  owners  of  a  sbip,  on  selling  the  same,  to  procure  bill 

of  sale  from  the  other  part  owner 194 

418.  Bond  of  tenant,  with  surety,  for  the  payment  of  rent 195 

414.  Bond  of  tenant,  with  surety,  for  the  surrender  of  premises  in  good 

condition,  etc 196 

415.  Bond,  with  surety,  to  deliver  to  sheriff  goods  levied  on,  and  left  in 

defendant's  possession 19<) 

416.  Bond  to  executors,  etc.,  to  refund  legacy  if  assets  prove  insuflBcient  197 

417.  Bond  to  executors,  etc.,  on  payment  of  a  legacy  to  a  minor 193 

418.  Bond  to  maintain  two  persons  for  life 198 

419.  Bond  to  marry,  or  to  pay  a  sum  of  money 199 

420.  Bond  to  contribute  to  the  support  of  an  illegitimate  child 199 

421.  Bond  to  serve  in  consideration  of  the  payment  of  a  debt 199 

422.  Bond  by  a  fiither  for  service  of  apprentice 200 

423.  Bond,  for  clothing,  and  in  sickness  maintaining  an  apprentice,  and 

for  his  fidelity 200 

424.  Bond  of  master,  to  discharge  an  apprentice  before  the  expiration  of 

his  term 201 

425.  Bond  to  indemnify  a  master  for  discharging  an  apprentice 202 

426.  Bond  by  one  empowered  to  collect  debts  for  executors,  etc 202 

427.  Bond  for  the  return  of  goods  to  be  sold,  or  their  value 208 

428.  Bond  for  the  fidelity  of  a  clerk 203 

429.  Bond  for  the  fidelity  of  the  treasurer  of  an  unincorporated  associ- 

ation    204 

480.  Bond  for  the  fidelity  of  the  cashier  or  teller  of  a  bank 204 

IV.  Bonds  of  indemnity. 

431.  Bond,  with  surety,  to  indemnify  the  sheriif  on  levying  an  execution  205 

432.  Bond,  with  surety,  to  indemnify  maker  of  note,  or  acceptor  of  bill 

for  accommodation,  from  loss  thereby 206 

483.  Bond  to  indemnify  partners  having  indorsed  for  accommodation, 

against  liability  thereby 206 

484.  Bond  by  a  person  carrying  on  business  in  the  name  of  another,  to 

indemnify  the  latter  from  loss  or  damage 207 

435.  Bond  to  indemnify  tenant  on  paying  rent  when  title  is  in  dispute. .  208 

486.  The  same,  another  form  ;  requiring  recovery  against  the  tenant 203 

437.  Bond  to  indemnify  against  claim  of  dower 209 

438.  Bond  to  indemnify  on  paying  a  lost  note  or  bill 209 

439.  Bond  to  indemnify  on  paying  a  lost  bond 210 

440.  Bond  to  indemnify  a  surety  in  a  bond  for  payment  of  money 210 

441.  The  same ;  to  a  surety  in  a  bond  for  performance  of  covenants 211 

442.  Bond  to  indemnify  a  receiptor  to  the  sheriif 211 

V.  Official  bonds. 

443.  General  form 212 

444.  Bond  of  sheriff 212 ' 

445.  Affidavit  of  the  sufficiency  of  sureties,  to  be  indorsed  on  the  fore- 

going bond 213 

446.  Clerk's  certificate  of  approval  of  sureties 213 

T.  Bonds  Coxditidned  for^he  Payment  of  Money  Only. 

Tlie  penal  sum  is  usually  twice  the  principal  intended  to  be  secured.  If  no  place 
of  payment  is  specified,  it  will  be  for  the  obligor  to  seek  the  obligee.  If  the  place 
is  specified,  the  obligee  is  not  bound  to  accept  payment  elsewhere.  If  no  time 
is  specified,  the  bond  is  payable  forthwith.     If  the  payment  is  required  to  bo 


BONDS.  173 

General  Principles.  Money  Bonds. 

"  within"  a  certain  period,  or  to  be  "  on  or  before"  a  certain  day,  the  obligor  may 
pay  at  any  time  before  the  last  day  has  passed.  Where  successive  payments  of 
interest  or  principal  are  stipulated  for,  the  condition  may  provide  that,  upon  de- 
fault in  any  one,  the  obligee  may  elect  to  require  payment  of  all ;  otherwise,  he 
can  only  proceed  for  that  which  is  in  default. 

S69.  Short  Form  of  Bond  for  Payment  of  Money  ^  Wither  Without  Penalty. 

Know  all  men  by  the  presents,  that  I,  A.  B.,  of  ,  in  the  county  ot 

,  and  State  of  ,  am  bound  unto  Y.  Z.,  of  ,  for  the  pay- 

ment of  dollars,  on  the         day  of  ?  18    ,  with  interest  at 

per  cent,  per  annum ;  for  which  I  bind  myself,  my  heirs,  executors,  and  ad- 
ministrators, to  the  said  Y.  Z.,  his  executors,  administrators,  and  assigns  [in 
the  penal  sum  of  dollars]. 

Witness  my  hand  and  seal,  this        day  of  ,  18    . 

A.  B.  [Seal] 

870.   Common  Form  of  Bond  for  Payment  of  Money. (a) 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  town  of  ,  in 

the  county  of  ,  and  State  of  ,  merchant,  am  held  and  firmly 

bound  unto  Y.  Z.,  of  the  said  town,  farmer,  in  the  sum  of  dollars  [in- 

serting the  penal  sum,  which  is  commonly  double  the  amount  of  the  principal 
sum  intended  to  he  secured,  in  order  to  cover  interests,  costs,  expenses,  and 
other  contingencies],  good  and  lawful  money  of  the  United  States,  to  be  paid 
the  said  Y.  Z.,  his  executors,  administrators,  or  assigns,  for  which  payment 
well  and  truly  to  be  made  I  do  bind  myself,  my  heirs,  executors,  and  ad- 
ministrators, firmly  by  these  presents. 

Sealed  with  my  seal,  and  dated  the        day  of  ,  18    . 

The  condition  of  this  obligation  is  such,  that  if  the  above-bounden  A. 
B.,  his  heirs,  executors,  and  admin  isti-ators,  or  any  of  them,  shall  well  and 
truly  pay,  or  cause  to  be  paid,  unto  the  above-named  Y.  Z.,  his  executors, 
administrators,  or  assigns,  *  the  just  and  full  sum  of  dollars  [inserting 

the  principal  intended  to  he  secu7'ed],  with  interest  at  the  rate  of  per 
cent,  per  annum  [or,  with  legal  interest]  for  the  same,  on  [or  before](5)  the 
day  ,  which  will  be  in  the  year  one  thousand  eight  hundred  and 

,  without  fraud  or  other  delay,  *  then  this  obhgation  is  to  be  void, 
otherwise  to  remain  in  full  force.  A.  B.  [Seal.] 

371.  The  Same  ;  With  Interest  Periodically  Meanwhile. 

[As  in  Form  370,  substituting,  instead  of  the  words  between  the  *  *,  the 
following :]  the  just  and  full  sum  of  dollars  [stating  the  whole  prin- 

cipal secured],  on  the        day  of  ,  which  will  be  in  the  year  one 

thousand  eight  hundred  and  ,  with  interest  thereon  from  the  date 

hereof  [or,  from  the         day  of  ,  18    ],  at  the  rate  of  per  cent. 

(J)  If  the  lender  desires  to  keep  the  for  payment,  the  words,  "  or  before," 
money  at  interest  until  the  day  limited     should  be  omitted. 


174  ABBOTTS'  FORMS. 


Bonds  for  Payment  of  Mpney  only. 


per  annum  [or,  with  legal  interest  thereon],  payable  semi-annually  [or, 
quarterly],  on  the         day  of  and  [designating  the  months  in- 

tended], in  each  year,  until  the  whole  of  said  principal  sum  be  paid,  with- 
out fraud  or  other  delay, — 

372.  TTie  Same;  For  Fa/yment  in  Equal  Annual  Instalments,  with  Interest 
Annually  on  What  Remains  Unpaid. 

[As  in  Form  370,  to  the  first  *   concluding  thus:']  the  just  and  full  sum 
of  dollars  [stating  the  whole  principal  secured],  in  annual  pay- 

ments, from  the  date  hereof  [or,  commencing  on  the  day  of  »  18  ], 
with  interest  thereon,  at  the  rate  of  per  cent,  per  annum  [or,  with 

legal  interest  thereon],  payable  annually,  with  such  instalments  [or,  semi- 
annually, or,  quarterly,  on  the  days  of  ,  naming  the  months  for 
payment  of  interest,  in  each  year],  without  fraud  or  other  delay,  then  this 
obligation  to  be  void  ;  but  if  default  shall  be  made  in  payment  of  any  or 
either  of  the  said  sums,  on  the  days  on  which  the  same  ought  to  be  paid, 
as  aforesaid,  then  this  obligation  shall  remain  in  full  force. 

A.  B.  [8eai:\ 

373.  The  Same  ;  For  Payment  in  Unequal  Instalments,  With  Interest. 

[As  in  Form  370,  to  the  first  *    concluding  thus :]  the  just  and  full  sum 
of  dollars  [stating  the  whole  principal  secured]^  in  maimer  following — 

that  is  to  say,  the  sum  of  dollars,  on  the         day  of  next ;  the 

sum  of  dollars,  on  the  day  of  ,  18     ;  and  the  remaining 

sum  of  dollars,  in  one  year  from  the  said  last-mentioned  date,  to- 

gether with  the  interest,  at  the  rate  of  per  cent,  per  annum  [or,  with 

legal  interest],  on  the  whole  sum  remaining  unpaid,  at  the  time  of  each 
payment,  without  fraud  or  other  delay,  then  this  obligation  shall  be  void ; 
but  if  default  shall  be  made,  in  payment  of  any  or  either  of  the  said  sums, 
on  the  days  on  which  the  same  ought  to  be  paid,  as  aforesaid,  then  this  ob- 
ligation shall  remain  in  full  force.  A.  B.  [Seal.] 

374.  The  Same ;  For  Payment  in  Instalments,  With  Interest  on  Bach  In' 
stalment,  as  It  Falls  Due. 

[As  in  Form  370,  substituting,  instead  of  the  words  between  the  *  *,  the 
folloicing ;]  the  just  and  full  sum  of  dollars  [stating  the  whole  princi- 

pal secured],  with  interest,   at  the  ^te  of  per  cent,  per  annum  [or, 

with  legal  interest],  said  principal  to  be  paid  in  equal  annual  instal- 

ments, with  the  interest  on  such  instalment,  on  the  day  of  in 

each  year,  without  ftaud  or  other  delay, — 


875.  TTie  Same;  For  Payment  After  Death  of  Third  Person. 

[As  in  Form  370,  substituting,  instead  of  the  words  between  the  *  *,  the 
following :]  the  just  and  full  sum  of  dollars  [stating  the  whole  prin- 


BONDS.  175 

Mortgage  Bonds. 


eipal  secured],   with  interest,  at  the  rate  of  per  cent,   per  an- 

num [or,  with  legal  interest],  within  the  space  of  months  next  after 

the  decease  of  M.  N.,  of  ,  merchant,  without  fraud  or  other  delay. 

376.  Bond  with  Interest  Clause,  Usual  where  Mortgage  is  Given. 

Know  all  ken  by  these  presents,  that  I,  A.  B.,  of  the  city  of  ,  in 

the  State  of  ,  am  held  and  firmly  hound  unto  Y.  Z.,  of  the  same 

place,  in  the  sum  of  dollars  [inserting  the  penalty],  lawful  money  of 

the  United  States,  to  be  paid  to  the  said  Y.  Z.,  his  executors,  administra- 
tors, or  assigns,  for  which  payment  well  and  truly  to  be  made,  I  bind  my- 
self, my  heirs,  executors,  and  administrators,  firmly  by  these  presents. 

Sealed  with  my  seal,  dated  the        day  of  ,  18    .  t 

The  condition  of  the  above  obligation  is  such,  that  if  the  above-bounden 
A.  B.,  his  heirs,  executors,  and  administrators,  or  any  of  them,  shall  well 
and  truly  pay,  or  cause  to  be  paid,  unto  the  above-named  Y.  Z.,  his  exec- 
utors, administrators,  or  assigns,  the  just  and  full  sum  of  dollars,  on 
the  day  of  ,  which  will  be  in  the  year  one  thousand  eight  hundred 
and  ,  with  interest,  at  per  cent,  per  annum,  payable  half  yearly 
from  the  date  hereof,  without  fraud  or  other  delay,  then  the  above  obliga- 
tion to  be  void ;  otherwise,  to  remain  in  full  force. 

Asro  IT  IS  hereby  expressly  agreed,  that,  should  any  default  be  made  in 
the  payment  of  the  said  interest,  or  of  any  part  thereof,  on  any  day 
whereon  the  same  is  made  payable,  as  above  expressed,  and  should  the 
same  remain  unpaid  and  in  arrear  for  the  space  of  days,(c)  then  and 
from  thenceforth — that  is  to  say,  after  the  lapse  of  the  said  days — the 

aforesaid  principal  sum  of  dollars,  with  all  arrearage  of  interest 

thereon,  shall,  at  the  option  of  the  said  Y.  Z.,  or  his  executors,  administra- 
tors, or  assigns,  become  and  be  due  and  payable  immediately  thereafter, 
although  the  period  first  above  limited  for  the  payment  thereof  may  not 
then  have  expired,  any  thing  hereinbefore  contained  to  the  contrary  thereol 
in  anywise  notwithstanding.  A.  B.  [Seal.] 

377.  27ie  Same ;  With  Insurance  Clause. 

[Penal  clause,  as  in  preceding  form,  or  Form  378,  to  the  t.] 
The  CONDITION  of  this  obligation  is  such,  that  if  the  above-bounden  A.  B., 
his  heirs,  executors,  and  administrators,  or  any  of  them,  shall  and  do  well 
and  truly  pay,  or  cause  to  be  paid  unto  the  above-mentioned  Y.  Z.,  his  ex- 
ecutors, administrators,  or  assigns,  the  just  and  full  sum  of  dollars, 
on  the  day  of  ,  which  will  be  in  the  year  one  thousand  eight  hun- 
dred and  ,  with  interest  thereon,  at  per  cent,  per  annum  [or,  with 
legal  interest],  payable  half  yearly,  from  the  date  hereof,  without  fraud  or 
other  delay ;  and  shall  keep  the  buildings  erected,  or  to  be  erected,  on  the 
premises  described  in  a  certain  mortgage,  executed  by  the  said  A.  B.  [and 
0.  B.  his  wife],  and  bearing  even  date  herewith,  and  being  collateral  hereto, 

(c)  Usually  twenty  days  or  thirty  days. 


176  ABBOTTS'  FORMS. 


Bonds  to  or  by  Particular  Classes  of  Persons. 


insured  in  some  solvent  incorporated  insurance  company  of  the  State  of 
,  against  loss  or  damage  by  fire,  to  an  amount  not  less  than  dollars  ; 
and  shall  assign  the  policy  to  be  taken  for  such  insurance  to  the  obhgee 
herein,  or  his  executors,  administrators,  or  assigns,  as  collateral  security 
hereto,  without  fraud  or  other  delay,  then  this  obligation  to  be  void ;  other- 
wise, to  remain  in  full  force. 

And  it  is  hereby  expressly  agreed,  that  in  case  the  insurance  above 
mentioned  shall  not  be  effected  or  continued  in  the  manner  above  provided, 
that  then  the  said  obligee,  his  executors,  administrators,  or  assigns,  may 
effect  or  continue  such  insurance  in  the  name  of  the  said  obligor  or  other- 
wise, and  the  premiums  paid  therefor  shall  be  chargeable  as  part  of  the 
principal  sum  hereby  secured  to  be  paid. 

And  it  is  hereby  further  expressly  agreed,  that,  in  case  any  instalment 
of  principal,  or  any  part  thereof,  or  any  interest  moneys,  or  any  part  thereof, 
hereby  secured  to  be  paid,  shall  remain  due  and  unpaid  for  the  space  of 
days  after  the  same  shall,  by  the  terms  hereof,  become  due  and  pay- 
able [or  any  insurance  premiums  paid  by  the  obligee  or  his  representatives, 
as  aforesaid,  shall  not  be  repaid  within  days  after  notice  thereof  to 

the  said  A.  B.,  his  executors,  administrators,  or  assigns],  that  then  and  from 
thenceforth — that  is  to  say,  after  the  lapse  of  said  days — the  whole 

principal  sum  hereby  secured  to  be  paid,  together  with  all  arrearages  of 
interest  thereon,  shall,  at  the  option  of  the  said  Y.  Z.,  his  executors,  ad- 
ministrators, or  assigns,  become  due  and  payable  forthwith,  although  the 
period  first  above  limited  for  the  payment  thereof  may  not  then  have  ex 
pired,  any  thing  herein  contained  to  the  contrary  notwithstanding. 

A.  B.  [Seal] 


378.  Bond  ly  Several  Olligors. 

Kyow  ALL  MEN  by  these  presents,  that  we,  A.  B.,  of  the  city  of  ,  in 

the  State  of  ,  merchaut,  and  0.  D.  and  E.  F.,  of  the  town  of  , 

in  the  county  of  ,  in  said  State,  manufacturers,  are  held  and  firmly 

bound  unto  Y.  Z.,  of  the  city  of  ,  and  State  of  ,  in  the  sum  of 

dollars  [imerting  the  penal  suvi]  good  and  lawful  money  of  the 
United  States,  to  be  paid  to  the  said  Y.  Z.,  his  executors,  administrators, 
or  assigns,  for  which  payment  well  and  truly  to  be  made,  we  do  bind 
ourselves,  our  and  each  of  our  heirs,  executors,  and  administrators,  jointly 
and  severally, (<Z)  firmly  by  these  presents  [<?r,  if  it  he  desired  to  hind  them 
jointly  only,  say,  do  bind  ourselves  and  our  heirs,  executors,  and  adminis- 
trators, jointly  but  not  severally,  firmly  by  these  presents]. 
Sealed  with  our  seals.    Dated  this        day  of  ,  18     .t 

The  condition  of  the  above  obligation  is  such,  that  if  the  above-boundeu 
A.  B ,  0.  D.,  and  E.  F.,  their  heirs,  executors,  or  administrators,  or  any  of 
them,  shall  well  and  truly  pay,  or  qause  to  be  paid,  unto  the  above-named 


(d)  "  Jointly  and  severally,"  in  this  con-    the  representatives.    Mitchell  v.  Darricott^ 
nection,  apply  as  well  to  the  obligors  as  to    8  Brev.,  145. 


BONDS.  177 

For  or  by  Particular  Classes  of  Persons. 

Y.  Z.,  his  executors,  administrators,  or  assigns,  the  just  and  full  sum  [stating 
the  amount  to  be  paid,  and  concluding  as  in  either  preceding  form  370  to 
377J.  A.  B.  [Seal] 

CD.  [Seal] 
E.  F.  [Seal] 

379.  Signature  iy  an  Obligor  Who  Will  Not  be  Bound  Unless  Others  Sign.(e) 

Executed  and  delivered  by  me,  A.  B.,  on  condition  that  C.  D.  and  E.  F., 
the  obligors  above  named,  also  join.  A.  B.  [Seal] 

380.  Bond  by  Several  Persons,  Bound  Severally,  for  Several  Amounts. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  of  ,  in  the  county 

of  ,  and  State  of  ,  farmer,  and  0.  D.,  of  the  same  place,  mer- 

chant, and  E.  F,  and  G.  H.,  of  ,  in  said  county,  carpenters,  are  severally 
and  respectively  held  and  firmly  bound  unto  Y.  Z.,  of  said  ,  in  the 

respective  sums  following — viz.,  the  said  A.  B.,  C.  D.,  and  E.  F.,  in  the  sum 
of  dollars  each,  and  the  said  G.  H.  in  the  sum  of  dollars,  good 

and  lawful  money  of  the  United  States,  to  be  paid  to  the  said  Y.  Z.,  his 
executors,  administrators,  or  assigns ;  for  which  said  several  payments  well 
and  truly  to  be  made,  each  of  them  doth  hereby  bind  himself,  his  heirs, 
executors,  and  administrators,  severally  and  respectively,  but  not  jointly, 
nor  one  for  the  other,  firmly  by  these  presents. 

Sealed  with  our  seals.     Dated  this        day  of  ,  18     . 

[Add  condition  according  to  circumstances  of  the  case.] 

881.  Bond  by  One  Obligor  to  Several  Obligees. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  town  of  ,  in 

the  county  of  ,  and  State  of  ,  blacksmith,  am  held  and  firmly 

bound  unto  U.  V.,  of  the  city  of  ,  and  State  of    *       ,  W.  X.,  of  the 

same  place,  and  Y.  Z.,  of  ,  in  the  State  of  ,  merchants,  in  the 

sum  of  .  dollars  [inserting  the  penal  sum],  good  and  lawful  money  of 
the  United  States,  to  be  paid  to  the  said  U.  V.,  W.  X.,  qnd  Y.  Z.,  their 
executors,  administrators,  or  assigns,  for  which  payment,  well  and  truly  to 
be  made,  I  do  bind  myself,  and  my  heirs,  executors,  and  administrators, 
firmly  by  these  presents. 
Sealed  with  my  seal.    Dated  this        day  of  ,  18    .t 

The  condition  of  the  above  obligation  is  such,  that  if  the  above-bounden 
A.  B.,  his  heirs,  executors,  and  administrators,  or  any  of  them,  shall  well 
and  truly  pay,  or  cause  to  be  paid,  unto  the  above-named  U.  V.,  W.  X.,  and 
Y.  Z.,  or  their  executors,  administrators,  or  assigns,  the  just  and  full  sum 
[etc.,  stating  the  sum  to  be  paid,  and  concluding  as  in  either  preceding 
form  370  to  377].  A.  B.  [Seal] 

(e)  If  several  obligors  are  named  in  a  bound  unless  all  sign.   The  mere  expeeta- 

bondandonlyapartof  them  sign  it,  it  will  tion  that  the  others  would  sign,  is  not 

be  valid  as  against  those  signing,  unless  enough  to  make  their  signing  essential, 

tliey  sign  and  deliver  upon  the  reserva-  Haskius  v.  Lombard,,  16.  i&.  (4  S&epl.), 

tion  or  condition  that  they  are  not  to  be  140. 
12 


178  ABBOTTS'  FORMS. 


Bonds  to  or  by  Particular  Classes  of  Persons. 


882.  Bond  to  Executors  or  Administrators. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  cotinty 

of  ,  and  State  of  ,  am  held  and  firmly  bound  unto  W.  X.  and 

Y.  Z.,  of  ,  in  said  State,  executors  of  the  will  of  M.  N.  deceased  \oi\ 

administrators  of  the  goods,  chattels,  and  credits  which  were  of  M.  N. 
deceased],  late  of  the  city  of  ,  and  State  of  ,  in  the  sum  of 

dollars  [inserting  the  penal  «m7w],  good  and  lawful  money  of  the  United 
States,  to  be  paid  to  the  said  executors  [or,  administrators]  as  aforesaid, 
their  survivor  or  survivors,  or  their  or  his  successors  or  assigns ;  for  which 
payment,  well  and  truly  to  be  made,  I  do  bind  myself,  my  heirs,  executors, 
and  administrators,  ^mly  by  these  presents. 

Sealed  with  my  seal.    Dated  this        day  of  ,  18     .t 

The  condition  of  the  above  obligation  is  such,  that  if  the  above-bounden 
A.  B.,  his  heirs,  executors,  and  administrators,  or  any  of  them,  shall  well 
and  truly  pay,  or  cause  to  be  paid,  unto  the  above-named  W.  X.  and  Y.  Z., 
executors  [or^  administrators]  as  aforesaid,  the  survivors,  or  survivor,  or  his 
or  their  assigns,  the  just  and  fuU  sum  [etc.,  stating  the  sum  to  he  paid,  and 
concluding  as  in  either  preceding  form  370  to  377].  A.  B.  [5feaZ.] 

383.  Bond  To  An  Unincorporated  Society. 

Know  all  men  by  these  presents,  that  we,  A.  B.  and  0.  D.,  of  the  city 
of  ,  and  State  of  ,  are  held  and  firmly  bound  unto  W.  X.  and 

Y.  Z.,  also  of  said  place,  members  [or,  committee,  or  other  officers]  of  [here 
designate  the  society  by  its  full  title]  of  said  place,  in  the  sum  of 
dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the  said  W.  X.  and 
Y.  Z.,  or  to  their  successors  or  assigns,  in  trust  for  the  said  society  [or, 
association],  for  whjch  payment,  well  and  truly  to  be  made,  we  bind  our- 
selves, our  heirs,  executors,  and  administrators,  jointly  and  severally,  fii-mjy 
by  these  presents. 

Sealed  with  our  seals.     Dated  the  day  of  ,  in  the  year  one 

thousand  eight  hundred  and  .t 

The  condition  of  this  obligation  is  such,  that  if  the  above-bounden  A.  B. 
and  C.  D,,  their  heirs,  executors,  or  administrators,  or  any  of  them,  shall 
well  and  truly  pay,  or  cause  to  be  paid,  unto  the  above-named  W.  X.  and 
Y.  Z.,  their  successors  and  assigns,  for  the  said  society  [or,  association],  the 
just  and  full  sum  [etc.,  stating  the  amount  to  he  paid,  etc.,  and  concluding 
as  in  either  preceding  form  370  to  377].  A.  B.  [Seal.] 

0.  D.  [Seal.] 

384.  Bond  to  a  Corporation. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  county 

of  ,  and  State  of  ,  merchant,  am  held  and  firmly  bound  unto 

[here  insert  the  true  title  of  the  corporation — e.  g.,  thus :]  the  president  and 
directors  and  company  of  the  Bank  of  ,  in  the  city  of  ,  and 

State  of  ,  in  the  sum  of  dollars  [inserting  the  penal  sum],  good 

and  lawftii.  money  of  the  United  States,  to  be  paid  to  the  said  the  president, 


BONDS.  179 

Corporation  Bonds. 


directors,  and  company  of  the  Bank  of  ,  their  successors  and  assigns ; 

for  which  payment,  well  and  truly  to  be  made,  I  do  bind  myself,  my  heirs, 
executors,  and  administrators,  firmly  by  these  presents. 
Sealed  with  my  seal.     Dated  this        day  of  ,  18     .  t 

The  condition  of  the  above  obligation  is  such,  that  if  the  above-bounden 
A.  B.,  his  heirs,  executors,  or  administrators,  shall  well  and  truly  pay,  or 
cause  to  be  paid,  unto  the  above-named  [here  insert  title  of  corporation],  or 
their  successors  and  assigns,  the  just  and  full  sum  [etc.,  stating  the  sum  to 
te  paid,  etc.,  and  concluding  as  in  either  preceding  form  370  to  377  ]. 

A.  B.  [Seal] 

385.  Bond  ly  a  Corporation.     . 

Know  all  men  by  these  presents,  that  we  [here  insert  the  true  title  of 
the  corporation — e.  g.,  thus ;]  the  president,  directors,  and.  company  of  the 
Bank  of  ,  are  held  and  firmly  bound  unto  Y.  Z.,  of  the  city  of 

,  and  State  of  ,  in  the  sum  of  dollars  [inserting  the  penal 

surn\,  good  and  lawful  money  of  the  United  States,  to  be  paid  to  the  said 
Y.  Z.,  his  executors,  administrators,  or  assigns,  for  which  payment,  well  and 
truly  to  be  made,  we  do  bind  ourselves  and  our  successors,  firmly  by  these 
presents. 

Sealed  with  our  seal.     Dated  this        day  of  ,  18     .  t 

The  condition  of  the  above  obligation  is  such,  that  if  the  above-bounden 
[here  insert  title  of  corporation],  or  their  successors,  shall  weU  and  truly 
pay,  or  cause  to  be  paid,  unto  the  above-named  Y.  Z.,  his  executors,  admin- 
istrators, or  assigns,  the  just  and  full  sum  of  dollars  [stating  the  sum 
intended  to  be  paid,  etc.,  as  in  either  preceding  form  370  to  377,  and  con- 
tinuing], then  this  obligation  to  be  void ;  otherwise,  to  remain  in  full  force. 
•                    In  witness  wheeeof,  and  in  pursuance  of  a  resolution  of  the 
board  of  directors,  passed  on  the         day  of  ,  18    , 
[Corporate      the  corporate  seal  of  the  said  corporation  is  hereto  affixed, 
seal.]         and  these  presents  duly  signed  by  the  president  and  treas- 
urer [or,  and  cashier]  of  said  company,  this        day  of         , 
18    .]                                                     [Signature  of] 
[Signature  of]                                                                          President. 
Treasurer. 


386.  Negotiable  Bond  of  Corporation. 

[Title  of  the  Corporation  Ohligor.] 
No.        .  I        . 

This  certifies  that  the  Eailroad  Company,  has  received  the  sum  ol 

one  thousand  dollars  from  Y.  Z.,  and  in  consideration  thereof  doth  hereby 
promise  and  agree  to  pay  to  him,  or  the  bearer  [or  his  assigns],  the  said 
sum  of  one  thousand  dollars,  on  the         day  of  ,  one  thousand  eight 

hundred  and  ;  and  also  interest  for  the  same  at  the  rate  of  per 

centum  per  annum,  on  the  day  of  every  and  ensuing  tlie 

tlate  hereof,  until  said  prinHDal  sum  shall  be  paid,  upon  presentation  of  the 


180  ABBOTTS'  FORMS. 


Corporation  Bonds. 


annexed  interest  warrants,  as  they  severally  become  payable,  at  the  ollico 
of  the  company,  in  the  city  of 

In  -witness  ■whereof,  and  in  pursuance  of  a  resolution  of  tlie 
board  of  directors,  passed  on  the  day  of  ,  18     , 

[Corporate      the  corporate  seal  of  the  said  corporation  is  hereto  affixed, 
seal.]         and  these  presents  duly  signed  by  the  president  and  treas- 
urer [or,  cashier]  of  said  company,  this         day  of  , 
18     .                                                            [Signature  of] 
[Signature  of]                                                                          President. 
Treasurer. 

887.  The  Same  ;  Secured  hy  Mortgage. 
No.        .  $        . 

Know  all  men  by  these  presents,  that  the  Company  of  ,  ac- 

knowledge themselves  to  be  indebted  to  A.  B.,  C.  D.,  and  E.  F.,  trustees,  or 
bearer,  in  the  sum  of  dollars,  lawful  money  of  the  United  States  of 

America,  which  sum  they  promise  to  pay  at  the  oflSce  of  the  company,  in 
,  on  or  before  the        day  of  ,  one  thousand  eight  hundred  and 

,  with  the  interest  thereon,  at  the  rate  of       per  centum  per  annum, 
payable  semi-annually,  at  their  oflBce,  in  ,  on  the        day  of  and 

,  in  each  year,  until  said  principal  is  paid.     This  bond  is  one  of  a 
series  of  bonds,  amounting  in  all  to  dollars,  all  of  like  tenor  and  date, 

and  numbered  from  one  to  one  consecutively,  given  by  the  parties  of 

the  first  part  to  pay  off  and  discharge  certain  debts  and  obligations  incurred 
in  the  purchase  of  the  property,  and  operating  the  business  of  said  com- 
pany, and  to  enable  them  to  conduct,  operate,  and  continue  the  business  of 
said  company.  The  holder  hereof  is  entitled  to  the  security  derived  from 
a  certain  mortgage,  bearing  even  date  with  said  bonds,  made,  executed,  and 
delivered  to  A.  B.,  C.  D.,  and  E.  F.,  as  trustees  in  fact,  to  secure  the  pay- 
ment of  said  bonds,  principal  and  interest ;  which  said  mortgage  is  made 
by  the  obligors  herein,  and  embraces  [here  designate  the  property — e.g., 
thus :  the  several  leases  of  the  lots  and  premises  now  held  by  the  obligors 
herein,  and  more  particularly  described  in  said  mortgage;  and  also  the 
rights,  interests,  and  property  of  said  company,  in  the  buildings,  sheds,  and 
other  improvements  thereon  erected.  And  the  mortgage  also  embraces  the 
franchises,  licenses,  rights,  and  privileges  of  running  and  operating  their 
omnibus  or  stage  route,  as  set  forth  in  the  obligors'  articles  of  association, 
duly  filed  in  the  county  clerk's  office  of  said  city,  and  conferred  upon  them 
by  the  authorities  of  the  city  of  New  York ;  and  said  mortgage  also  em- 
braces all  their  stages,  omnibuses,  sleighs,  horses,  harness,  fixtures,  imple- 
ments, goods,  wares,  and  merchandises,  and  all  other  articles  of  personal 
property  now  belonging  to  said  company],  and  more  particularly  described 
in  said  mortgage,  and  the  schedule  annexed  thereto. 

In  witness  whebeof,  the  said  company  have  caused  their  cor- 
[Corporate      porate  seal  to  be  hereto  affixed,  and  these  presents  to  be 
seal.]         subscribed  by  their  president,  secretary,  and  treasurer,  this 
day  of  ,  one  thousand  eight  hundred  and 

In  presence  of  [Signatures  and  titles  of 

[Signature  of  witness^  president^  secretary,  and  treasurer.] 


BONDS.  181 

Bond  and  Warrant  of  Attorney. 

The  above  is  one  of  a  series  of  bonds  amounting  in  all  to  the  snm  of 
dollars,  referred  to  in  a  certain  mortgage  of  even  date  herewith,  ex- 
ecuted to  us  as  trustees  in  fact,  as  stated  in  the  above  obligation,  for  the 
security  of  certain  bonds,  said  bonds  being  numbered  from  one  to 

[Signatures  of  trustees.] 

388.  Form  of  Cotipons^  or  Interest  Warrants,  Annexed  to  Negotiable  Bonds. 

No.        .  %.        . 

The  Company  promise  to  pay  thirty  dollars,  semi-annual  in- 

terest, due  on  the        day  of  j  18    ,  upon  their  bond  No.        , 

on  presentation  hereof  at  their  office,  No        ,   in  the  city  of 

[Signature.'] 

389.  Bond,  With  Warrant  of  Attorney,  to  Confess  Judgment.{f) 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  county 

of  ,  and  State  of  ,  merchant,  am  held  and  firmly  bound  unto  Y. 

Z.,  of  the  city  of  ,  and  State  of  ,  banker,  in  the  sum  of 

dollars  [inserting  the  penal  sum],  good  and  lawful  money  of  the  United 
States,  to  be  paid  to  the  said  Y.  Z.,  his  executors,  administrators,  or  assigns ; 
for  which  payment,  well  and  surely  to  be  made,  I  do  bind  myself,  my  heirs, 
executors,  and  administrators,  firmly  by  these  presents. 

Sealed  with  my  seal;  dated  this        day  of  ,  18    . 

TnK  CONDITION  of  the  above  obligation  is  such,  that  if  the  above-bounden 
A.  B.,  his  heirs,  executors,  and  administrators^  or  any  of  them,  shall  well 
and  truly  pay,  or  cause  to  be  paid,  unto  the  above-named  Y.  Z.,  his  execu- 
tors, administrators,  and  assigns,  the  just  and  full  sum  of  dollars,  with 
legal  interest  for  the  same,  on  or  before  the  day  of  ,  18  ,  then 
this  obligation  to  be  void ;  otherwise,  to  remain  in  full  force. 

In  presence  of  A.  B.  [Seal.] 

[Signature  of  witness.] 

To  ANT  ATTORNEY  of  the  Court  of  the  State  of  ,  or  of  any 

other  court,  there  or  elsewhere  : 
Wheheas,  I,  A.  B.,  of  »  l>y  a  certain  obligation,  bearing  even  date 

herewith,  do  stand  bound  unto  Y.  Z.,  of  ,  in  the  sum  of  [pen- 

alty]., conditioned  for  the  payment  of  [principal  sum\  and  interest, 

these  presents  are  to  desire  and  authorize  you,  or  any  of  you,  on  the  re- 
quest of  said  Y.  Z.,  to  appear  for  me,  my  executors  or  administrators,  in 
the  said  court,  or  elsewhere,  in  a  proper  action  there  or  elsewhere  brought, 
or  to  be  brought  against  me,  my  executors  or  administrators,  at  the  suit  of 
the  said  Y.  Z.,  his  executors,  administrators,  or  assigns,  on  the  said  obliga- 
tion, as  of  the  present,  or  any  antecedent,  or  subsequent  term,  or  in  vacation  of 
the  said  court,  or  any  other  court,  there  or  elsewhere  to  be  held,  and  confess 
judgment  thereupon  against  me,  my  executors  or  administrators,  for  the  said 

(/)  For  the  mode  of  confession  of  judg-  Code  of  Procedure,  see  our  Forms  of 
ment  by  a  sworn  statement,  under  the    Practice  and  Pleading,  Vol.  II. 


182  ABBOTTS'  FORMS. 


Bond  as  Collateral  Security. 


sum  of  [penalty],  debt,  besides  costs  of  suit,  by  non  sum  informatus, 

nihil  elicit,  or  otherwise,  as  to  you  shall  seem  meet;  and  for  your,  or  any  of 
your  so  doing,  this  shall  be  your  sufficient  warrant.  And  I  do  hereby,  for 
myself,  my  executors  and  administrators,  remise,  release,  and  forever  quit- 
claim unto  the  said  Y.  Z.,  his  executors,  administrators,  and  assigns,  all  and 
all  manner  of  error  and  errors,  defects  and  imperfections  whatever,  in  the 
entering  of  the  said  judgment,  or.  any  process  or  proceedings  thereon,  or 
thereto,  or  in  any  wise  touching  or  concerning  the  same. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  the  day 
of  .  'A.  B.  {Seal} 

Sealed  and  delivered  in  presence  of 
[Signature  of  witness.] 

390.  Short  Form  of  the  Same. 

[Insert  in  the  common  form  of  Money  Bond,  before  the  signature,  the  fol- 
lowing ;]  And  I  do  fubthee  authorize  and  empower  any  attorney,  in  any 
court  of  record  in  the  State  of  ,  to  appear  for  me  at  the  suit  of  the 

said  Y.  Z.,  or  his  representatives,  in  an  action  hereon,  and  confess  judgment 
against  me  upon  this  said  bond  or  obligation  [or,  for  so  much  money  bor- 
rowed], of  any  term,  or  vacation  of  term,  antecedent  or  subsequent  to  this 
date ;  and  to  release  to  the  said  Y.  Z.  all  errors  that  may  intervene  in  ob- 
taining said  judgment,  or  in  proceeding  on  the  same. 

Signed  and  sealed  this        day  of  ,  18    .  A.  B.  [Seal.] 

In  presence  of 
[Signature  of  witness^ 

391.   Cotlateral  Bond  for  the  Payment  of  Money  Already  Secured  by 
Mortgage  Only. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  town  of  ,  in 

the  county  of  ,  and  State  of  ,  farmer,  am  [or,  we,  A.  B.,  of,  etc., 

and  0.  D.,  of,  etc ,  are]  held  and  firmly  bound  unto  Y.  Z.,  of  the  town  of 
,  in  the  county  of  ,  and  State  of  ,  merchant  [or,  unto 

W.  X.,  of,  etc.,  and  Y.  Z.,  of,  etc.],  in  the  sum  of  dollars,  good  and 

lawful  money  of  the  United  States,  to  be  paid  to  the  said  Y.  Z.,  his  exec- 
utors, administrators,  or  assigns  [or,  to  the  said  W.  X.  and  Y.  Z.,  their  ex- 
ecutors, administrators,  or  assigns] ;  for  which  payment,  well  and  truly  to  be 
made,  I  do  bind  myself,  my  heirs,  executors,  and  administrators  [or,  we  do 
bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and  sev- 
erally], firmly  by  these  presents.  Sealed  with  my  seal  [or,  our  seals] ;  dated 
this        day  of  ,  18    .t 

The  condition  of  this  obligation  is  such,  that  if  the  above-bounden  A.  B., 
his  [or,  A.  B.  and  0.  D.,  their]  heirs,  executors,  and  administrators,  or  any 
of  them,  shall  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  above- 
named  Y.  Z.,  his  executors,  administrators,  or  assigns,  the  just  and  full 
e\im  of  dollars,  on  the  day  of  ,  which  will  be  in  the  year 

,  being  the  same  sura  of  money  which  is  secured  by  the  above- 
bounden  A.  B.  [or,  by  one  M.  N.],  unto  the  said  Y.  Z.,  in  and  by  a  certain 
indenture  of  mortgage,  bearing  the  date  above  written,  made,  or  mentioned 


BOOTDS.  183 

To  Secure  Annuity. 


to  be  made,  between  the  ,  of  the  one  part,  and  the  said  Y.  Z.,  of  the 

other  part,  by  and  upon  the  several  conditions  therein  mentioned,  then  this 
obligation  to  be  void ;  otherwise,  to  remain  of  full  force. 

[Signature  and  seal.l 

392.  Collateral  Bond  by  Surety,  for  Payment  of  Money  Already  Secured 

by  Bond  and  Mortgage. 

[The  penal  clause  will  be  as  in  preceding  form  to  the  t,  thence  con- 
tinuing thus  .•] 

Wheeeas  \Jiere  recite  the  consideration — e.  g.,  thus  .•]  the  above-named 

Y.  Z.  holds  a  bond  and  mortgage  made  by  one  M.  "N.,  bearing  date  on  the 

day  of  ,  18     ,  to  secure  the  payment  of  the  sum  of  ,  on  the 

day  of  ,  18     ,  which  time  of  payment  the  said  M.  N.  is  desirous 

to  have  extended,  and  the  said  Y.  Z.-is  willing  to  extend  the  same  until  the 

day  of  ,  18     ,  upon  and  in  consideration  of  the  above-written 

obligation,  as  further  security  therefor. 

Now,  THEEEFORE,  the  couditiou  of  the  above  obligation  is  such,  that  if 
the  above-bounden  A.  B.,  his  heirs  [<??•,  A.  B.  and  0.  D.,  their  heirs],  ex- 
ecutors, and  administrators,  or  any  of  them,  shall  well  and  truly  pay,  or 
cause  to  be  paid,  unto  the  said  [etc.,  stating  the  substance  of  the  condition 
(f  the  principal  bond  as  extended'],  then  this  obligation  shall  be  void ; 
otherwise,  to  remain  of  fall  force.  [Signature  and  seal.} 

393.  Bond  for  Payment  of  an  Annual  Sum   to    Two  Persons  and   the 

Survivor,  for  Life. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  town  of  , 

in  the  county  of  ,  and  State  of  ,  farmer,  am  \or,  we,  A.  B.,  of, 

etc.,  and  0.  D.,  of,  etc.,  are]  held  and  firmly  bound  unto  Y.  Z.,  of  the  town 
of       .     ,  in  the  county  of  ,  and  State  of  ,  merchant  [or,  unto 

W.  X.,  of,  etc.,  and  Y.  Z.,  of,  etc.],  in  the  sum  of  doUars,  good  and 

lawful  money  of  the  United  States,  to-  be  paid  to  the  said  Y.  Z.,  his  exec- 
utors, administrators,  or  assigns  [or,  to  the  said  W.  X.  and  Y.  Z.,  their  ex- 
ecutors, administrators,  or  assigns] ;  for  which  payment,  well  and  truly  to 
be  made,  I  do  bind  myself,  my  heirs,  executors,  and  administrators  [or,  we 
do  bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and 
severally],  firmly  by  these  presents. 

Sealed  with  my  seal  [or,  our  seals];  dated  this        day  of  ,  18     . 

The  condition  of  this  obligation  is  such,  that  if  the  above-bounden  A.  B., 
his  [or,  A.  B.  and  0.  D.,  their]  heirs,  executors,  and  administrators,  or  any 
of  them,  shall  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said  "W.  X. 
and  Y.  Z.,  during  their  natural  lives,  and  the  natural  life  of  the  survivor  of 
them,  the  clear  annual  or  yearly  sum  of  dollars,  on  the  day  of 

,  in  every  year,  the  first  payment  thereof  to  be  made  on  the  day 
of  next  ensuing  the  date  above  written,  and  also  pay  a  proportionable 

part  of  the  said  annual  or  clear  yearly  sum  of  ,  for,  or  in  respect  of 

so  many  days  as  shall  have  elapsed  from  the  last  yearly  day  of  payment 


Ifi4  '      ABBOTTS'  FORMS. 


Bond  to  Secure  Annuity. 


next  preceding  the  decease  of  the  survivor  of  them  up  to  the  day  of  the 
death  of  sucli  survivor,  then  the  said  obligation  is  to  be  void ;  but  if  de- 
fault shall  be  made  in  payment  of  the  said  annual  sura,  or  any  part  thereof, 
at  any  of  the  times  aforesaid,  then  the  said  obligation  is  to  remain  in  full 
force.  [Signature  and  seal] 

394.  Bond  Jbr  Payment  of  An  Annuity  for  a  Term  of  Years. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  town  of  ,  in 

the  connty  of  ,  and  State  of  ,  merchant,  am  [or,  we,  A.  B.,  of, 

etc.,  and  0.  D.,  of,  etc.,  are]  lield  and  firmly  bound  unto  Y.  Z.,  widow  of 
W.  Z.,  deceased,  of  the  town  of  ,  in  the  county  of  ,  and  State 

of  [or,  unto  W.  X.,  of,  etc.,  and  Y.  Z.,  of,  etc.],  in  the  sum  of        dol- 

lars, good  and  lawful  money  of  the  United  States,  to  be  paid  to  the  said 
Y.  Z.,  her  executors,  administrators,  or  assigns  [or,  to  tlie  said  W.  X.  and 
Y.  Z.,  their  executors,  administrators,  or  assigns],  for  which  payment,  well 
and  truly  to  be  made,  I  do  bind  myself,  my  heirs,  executors,  and  admin- 
istrators [or,  we  do  bind  ourselves,  our  heirs,  executors,  and  administrators, 
jointly  and  severally]  firmly  by  these  presents. 

Sealed  with  my  seal  [or,  our  seals] ;  dated  this         day  of  ,  18     . 

The  condition  of  the  above  obligation  is  such,  that  if  the  above-bounden 
A.  B.,  his  [or.  A,  B.  and  C.  D.,  their]  heirs,  executors,  or  administrators,  or 
any  of  them,  shall  yearly  and  every  year,  during  the  terra  of  years, 

to  be  computed  frora  [the         day  of  last  past  before]  the  day  of  the 

date  of  the  above-written  obligation,  well  and  truly  pay,  or  cause  to  be 
paid,  unto  the  above-named  Y.  Z.,  her  executors,  administrators,  or  assigns, 
the  annuity  or  clear  yearly  sum  of  dollars,  by  even  and  quarterly  [or, 

half-yearly]  portions,  paid  at  or  upon  the        days  of  the  months  of  , 

in  each  year,  the  first  payment  thereof  to  begin  and  be  made  on  the 
day  of  next  ensuing  the  day  of  the  date  of  this  oMigation,  and  also 

pay  a  proportionable  part  of  the  said  annuity,  or  clear  yearly  payment  of 
,  for,  or  in  respect  of  so  many  days  as  shall  have  elapsed  from  the 
last  half  [or,  quarter]  yearly  day  of  payment  next  preceding  the  decease  of 
the  said  Y.  Z.  up  to  the  day  of  her  death,  then  this  obligation  is  to  be  void ; 
but  if  default  shall  be  made  in  payment  of  the  said  annuity,  or  any  part 
thereof,  at  any  of  the  times  aforesaid,  then  the  said  obUgation  is  to  remain 
in  full  force.  [Signature  and  seal.] 

395.  Bond  for  Payment  of  Money  Upon  Expiration  of  Apprenticeship,  or 

Upon  Marriage. 

[Penal  clause  as  in  Form  394  to  the  *,  continuing  thus :] 
Whereas  the  above-named  A.  B.  hath  apprenticed  himself  to  0.  D.,  of 
,  with  him  to  dwell  and  serve  as  his  apprentice,  from  the         day  of 
,  unto  the  full  end  and  terra  of  years  from  thence  next  ensuing, 

and  fully  to  be  complete  and  ended,  as  by  the  said  indenture  of  apprentice- 
ship fully  appears:  and  whereas  the  above-named  Y.  Z.,  hath  before  the 
day  of  the  date  of  the  above  obligation,  at  several  times  lent  to  and  dis- 
bursed for  the  said  A.  B.,  several  sums  of  money,  amounting  in  the  whole 


BONDS.  135 

For  Payment  of  Monoy  Only. 


to  the  sum  of  dollars,  for  whicli  the  said  Y.  Z.  is  content  to  take  this 

Ills  bond  or  obligation,  payable  at  the  expiration  of  the  apprenticeship  of 
the  said  A.  B.,  or  the  day  of  marriage  ol  the  said  A.  B.,  whichever  shall 
iirst  happen :  Now,  thekefoee,  the  condition  of  this  obligation  is  such, 
that  if  the  said  above-bounden  A.  B.,  his-  heirs,  executors,  or  administrators, 
or  any  of  them,  shall  well  and  truly  pay,  or  cause  to  be  paid,  to  the  said 
Y.  Z.,  his  executors,  administrators,  or  assigns,  the  just  and  full  sum  of 
dollars,  at  the  end  or  expiration  of  the  said  appi*enticeship  of  the  said  A.  B., 
or  term  of  years  above  mentioned,  or  on  the  day  of  marriage  of  the 

said  A.  B.,  whichever  shall  first  and  next  happen  to  be  or  come  after  the 
date  of  these  presents,  then  this  obligation  to  be  void ;  otherwise,  to  remain 
in  full  force.  A.  B.  [/Seal.} 

396.  Bond  or  Bill  for  An  Unliquidated  Sum. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  merchant,  am 

held  and  firmly  bound  to  Y.  Z.,  of  said  place,  banker,  in  all  and  every  such 
sums  and  sum  of  money,  as  already  have  been,  or  hereafter  shall  or  may 
be  paid  or  advanced  by  him  for  me;  and  all  silch  sums  of  money,  to 
pay  which  a  liability  or  engagement  has  been,  or  shall,  or  may  be  entered 
into  or  incurred  by  him  the  said  Y.  Z.,  by  reason  or  means  of  accepting  or 
paying  the  drafts,  bills,  or  promissory  notes  of  me  the  said  A.  B.,  or  by  dis- 
counting for  me  other  bills  of  exchange  or  promissory  notes,  or  by  afibrd- 
ing  to  me  other  pecuniary  assistance,  together  with  lawful  interest  upo:a 
the  same,  from  the  time  or  respective  times  of  paying  or  advancing  the 
same ;  and  also  the  commissions  and  other  charges  according  to  lawful 
custom,  to  be  paid  to  the  said  Y.  Z.,  his  executors,  administrators,  or 
assigns  ;  for  which  payment,  well  and  truly  to  be  made,  I  bind  myself^  my 
heirs,  executors,  and  administrators,  firmly  by  these  presents. 

Sealed  with  my  seal ;  dated  this        day  of 

[Signature  and  seal.} 

397.  By  Debtors  to  Pay  According  to  a  Composition  Deed. 

[The penal  clause  will  he  as  in  Form  876  or  378  to  the  t,  thence  continuing 
thus  .•] 

Wheeeas  the  above-named  Y.  Z.  has,  with  other  creditors  of  the  above- 
bounden  A.  B.  [and  0.  D.],  agreed  to  take  cents  on  a  dollar,  as  a 
composition  in  full  for  every  dollar  owing  him  by  the  said  A.  B.  [and  0,  D.], 
which  is  to  be  paid  in  manner  following — viz.,  cents  on  the  dollar,  a 
part  thereof,  on  the  day  of  ,  1^  ,  and  cents  on  the  dollar  more, 
the  residue  thereof,  on  the  day  of  ,  18  ;  and  the  said  A.  B.  has 
[or,  A.  B.  and  0.  D.,  have]  agreed  to  give  bond  to  every  of  said  creditors, 
for  the  said  cents  on  the  dollar,  to  be  paid  at  the  times  aforesaid ;  and 
whereas  there  was  due  and  owing  to  the  said  Y.  Z.,  at  the  time  of  execut- 
ing said  deed  of  composition,  the  just  sum  of  dollars :  Now  the 
CONDITION  of  the  above  obligation  is  such,  that  if  the  said  A.  B.,  his  [or, 
A.  V>.  and  0.  D.,  their]  heirs,  executors,  administrators,  and  assigns,  or  any 
of  them,  shall  and  do  well  and  truly  pay  to  the  said  Y.  Z.,  his  executors, 


186  ABBOTTS'  FORMS. 


Bottomry  Bond. 


administrators,  or  assigns,  the  just  and  full  sum  of  dollars,  part  of  the 

said  debt,  on  [the  day  of  the  first  payment],  and  t-he  further  sum  ot 

dollars,  residue  of  the  said  debt,  on  [the  day  of  the  next  pay- 

merd,  etc.],  then  this  obligation  shall  be  void  and  of  no  effect ;  but  if  the 
said  A.  B.  shall  make  default  of  payment  of  either  of  the  said  sums,  at  the 
said  times  respectively,  then  this  obligation  shall  be  and  remain  in  full 
force  and  virtue.  [Siff natures  and  seals.] 

n.   BOTTOMEY  JlHTD  RESPONDENTIA  BONDS. 

These  are  bonds  for  payment  of  money,  but  are  presented  separately  for 
greater  convenience.  A  bottomry  bond  is  given  where  money  is  borrowed  for 
the  purposes  of  a  voyage,  upon  a  mortgage  of  the  ship,  accompanied  usually 
■with  the  personal  obligation  of  the  borrower  to  repay  it,  but  upon  condition 
that  the  loss  of  the  ship  exonerates  the  borrower.  To  such  a  loan  the  usury 
laws  do  not  apply,  and  the  lender  may  stipulate  for  interest  beyond  the  lawful 
rate.  Such  a  bond  is  termed  a  bottomry  bond,  because  loan  is  risked  on  the 
hull  or  bottom  of  the  ship. 

Respondentia  is  a  contract  similar  to  bottomry,  except  that  the  loan  is  made 
upon  the  chance  of  the  safe  arrival  of  the  cargo. 

398.  Bottomry  Bond. 

Know  all  men  by  these  presents,  that  T,  A.  B.,  master  [or,  owner,  or, 
master  and  owner]  of  the  ship  or  vessel  called  the  Mary,  now  lying  at  the 
port  of  ,  am  held  and  firmly  bound  unto  Y.  Z.,  of  the  city  of  , 

in  the  county  of  ,  and  State  of  ,  merchant  [or,  unto  W.  X.,  of, 

etc.,  and  Y.  Z.,  of,  etc.],  in  the  sura  of  dollars,  good  and  lawful  money 

of  the  United  States  [or  other  currency  in  which  payment  is  to  he  made],  to 
be  paid  to  the  said  Y.  Z.,  his  executors,  administrators,  or  assigns  [or,  to 
the  said  W.  X.  and  Y.  Z.,  their  executors,  adniinistrators,  or  assigns],  for 
which  payment,  well  and  truly  to  be  made,  I  do  bind  myself,  my  heirs, 
executors,  and  administrators,  and  also  the  said  ship  or  vessel,  her  tackle, 
apparel,  and  furniture  [and  freight],  firmly  by  these  presents. 
Sealed  with  my  seal;  dated  this        day  of  ,  18     .t 

Whereas  the  above-bounden  A.  B.  has  borrowed,  taken  up,  and  received 
of  the  said  Y.  Z.,  the  full  and  just  sum  q|"  dollars,  which  sum  is  to  run 

at  bottomry  on  the  body,  tackle,  apparel,  and  furniture  [and  freight]  of  the 
said  ship  or  vessel  [here  state  the  voyage  for  which  the  loan  is  made — e.  g., 
thiis  .•]  from  the  port  or  road  of  M.,  on  a  voyage  to  the  port  of  N.,  having 
permission  to  touch,  stay  at,  and  proceed  to  all  ports  and  places  within  the 
limits  of  the  voyage,  at  the  rate  or  premium  of  per  cent,  for  the 

voyage  [or,  at  the  rate  or  premium  of  per  cent,  for  every  calendar 

month  the  said  ship  or  vessel  shall  be  out  on  said  voyage,  and  so  in  propor- 
tion for  a  less  time  than  a  month],  in  consideration  whereof  the  usual  risks 
of  the  seas,  rivers,  enemies,  fires,  pirates,  etc.,  are  to  be  on  account  of  the 
said  Y.  Z. :  And  whereas  for  the  further  security  of  the  said  Y.  Z.,  the  said 
A.  B.  has  agreed  to  and  does  by  these  presents  mortgage  and  assign  over 
to  the  said  Y.  Z.,  his  executor.s,  administrators,  and  assigns,  the  said  ship  or 
vessel  [and  her  freight],  together  with  aU  her  tackle,  apparel,  and  furniture ; 


BONDS.  187 

Bottomry. 

and  it  is  hereby  declared  that  the  said  ship  or  vessel  and  appurtenances 
[and  lier  freight],  are  thus  assigned  over  for  the  security  of  the  bottomry 
taken  up  by  the  said  A.  B.,  and  shall  be  delivered  to  no  other  use  or  pur- 
pose whatever,  until  payment  of  this  bond  is  first  made,  with  the  premium 
that  may  become  due  thereon. 

Now  THE  CONDITION  of  the  above  obligation  is  such,  that  if  the  above- 
bounden  A.  B.,  his  heirs,  executors,  and  administrators,  or  either  of  them, 
shall  and  do  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said  Y.  Z.,  or 
to  his  attorneys  in  ,  legally  authorized  to  receive  the  same,  or  to  his 

executoi-s,  administrators,  or  assigns,  the  full  and  just  sum  of  ,  being 

the  principal  of  tliis  bond,  together  with  the  premium  which  shall  become 
due  thereupon,  at  or  before  the  expiration  of  days  after  the  safe 

arrival  of  the  said  ship  or  vessel  at  her  moorings  in  the  harbor  of  N.,  or,  in 
case  of  the  loss  of  the  said  ship  or  vessel,  such  an  average  as  by  custom 
shall  have  become  due  on  the  salvage,  then  this  obligation  is  to  be  void; 
otherwise,  to  remain  in  full  force.  Having  signed  three  bonds  of  the  same 
tenor  and  date,  either  one  thereof  being  accomplished,  the  other  two  are 
to  be  void  and  of  no  effect.  A.  B.  [Seal.] 


899.  Bottomry  Bond  ly  a  Part  Owner.  Signing  as  Attorney  for  Other 

Owner. 

Know  all  men  by  these  presents,  that  I,  A.  B.  [master,  and]  one-third 
owner  of  the  ship  or  vessel  Mary,  now  lying  in  the  port  of  ,  for  my- 

self, and  C.  D.,  who  owns  the  other  two-thirds  of  said  ship  or  vessel,  by  me, 
are  held  and  firmly  bound  unto  Y.  Z.,  of  the  city  of  ,  in  the  county 

of  ,  and  State  of  ,  merchant  [or,  unto  W.  X.,  of,  etc.,  and  Y.  Z., 

of,  etc.],  in  the  sum  of  dollars,  good  and  lawful  money  of  the  United 

States  [or  other  currency  in  which  payment  is  to  ie  made],  to  be  paid  to  tho 
said  Y.  Z.,  his  executors,  administrators,  or  assigns  [or,  to  the  said  \V.  X. 
and  Y.  Z.,  their  executors,  administrators,  or  assigns],  for  which  payment, 
well  and  truly  to  be  made,  we  bind  ourselves,  *"  ur  heirs,  executors,  and  admin- 
istrators, firmly  by  these  presents. 

Sealed  with  our  seals;  dated  this        day  of  ,  18     .f 

[Second  paragraph  as  in  form  preceding.] 

Now,  THEREFOEE,  THE  CONDITION  of  the  above  obligation  is  such,  that  if 
the  above-bounden  A.  I?,  and  C.  D.,  their  heirs,  executors,  or  administrators, 
or  either  of  them,  shall  well  and  truly  pay,  or  cause  to  be  paid,  unto  the 
said  Y.  Z.,  or  to  his  [or,  to  W.  X.  and  Y.  Z.,  or  to  their]  attorneys,  at  , 

legally  authorized  to  receive  the  same,  or  to  tlie  executors,  administrators, 
or  assigns  of  said  W.  X.  [and  Y.  Z.],  the  just  and  full  sum  of  dollars, 

being  the  principal  of  this  bond,  together  with  the  premium  which  shall 
become  due  thereon,  at  or  before  the  expiration  of  days  after  the 

arrival  of  the  said  ship  or  vessel  at  the  port  of  ;  or,  in  case  of  the 

loss  of  the  said  ship,  such  an  average  as  by  custom  shall  have  become  due 
on  the  salvage,  then  this  obligation  is  to  be  void ;  otherwise,  to  remain  in 
full  force. 


188  ABBOTTS'  FORMS. 


Respondentia  Bonds. 


Having  signed  three  bonds  of  the  same  tenor  and  date,  either  one  thereof 
of  which  being  accomplished,  the  other  two  are  to  be  of  no  effect. 

A.  B.  [Seal] 

C.  D.  by  A.  B.  [Seal] 

400.  Respondentia  Bond. 

[The  penal  clause  will  he  <m  in  Form  398  to  the  t,  thence  continuing  thus :] 
"Whebeas  the  above-bonnden  A.  B.  has  [or,  A.  B.  and  C.  D.  have]  borrowed, 
taken  up,  and  received  of  the  said  Y.  Z.  the  full  and  just  sum  of  dol- 

lars, which  sum  is  to  run  at  respondentia  on  the  said  ship  or  vessel  [here 
state  the  voyage  for  ichich  the  loan  is  made],  at  the  rate  or  premium  of 
per  cent,  for  the  voyage  [07;  at  the  rate  of  per  cent,  for  every  calendar 
month  the  said  ship  or  vessel  shall  be  out  on  the  said  voyage,  and  so  in 
proportion  for  a  less  time  than  a  month] ;  in  consideration  of  which,  the 
usual  risks  of  the  seas,  rivers,  enemies,  fires,  pirates,  etc.,  are  to  be  on  the 
account  of  the  said  Y.  Z. ;  and  whereas  for  the  further  security  of  the  said 
Y.  Z.,  the  said  A.  B.,  for  and  on  account  of  the  owners,  their  e.\ecutors, 
administrators,  and  assigns,  has  agreed  to,  and  does  by  these  presents  mort- 
gage and  assign  over  to  the  said  Y.  Z.,  the  several  goods,  wares,  and  mer- 
chandise laden  and  to  be  laden  on  the  said  ship  or  vessel ;  which  said  goods, 
wares,  and  merchandise,  with  their  produce,  are  thus  mortgaged  and  as- 
signed over,  for  the  security  of  the  respondentia  taken  up  by  the  said  A.  B., 
and  shall  be  delivered  to  no  other  use  or  purpose  whatever,  until  pay- 
ment of  this  bond  is  first  made,  with  the  premium  that  may  become  due 
thereon : 

Now  THE  CONDITION  of  the  above  obligation  is  such,  that  if  the  above- 
bounden  A.  B.,  his  heirs,  executors,  and  administrators,  or  any  of  them, 
shall  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said  Y.  Z.  or  to  his 
attorneys  [or,  to  W.  X.  and  Y.  Z.,  or  to  their  attorneys],  at  ,  legally 

authorized  to  receive  the  same,  or  to  the  executors  and  administrators  of 
the  said  [W.  X.  and]  Y.  Z.,  the  just  and  full  sum  of  dollars,  being  the 

principal  of  this  bond,  together  with  the  premium  which  shall  become  due 
thereupon,  at  the  expiration  of  months  after  the  safe  arrival  of  the  said 
ship  or  vessel  at  her  moorings  in  the  port  of  ,  or  in  case  of  the  loss  of 

the  said  ship  or  vessel,  such  average  as  by  custom  shall  have  become  due 
on  the  salvage,  then  this  obligation  is  to  be  void ;  otherwise,  to  remain  in 
full  force.  Having  signed  three  bonds  of  the  same  tenor  and  date,  either 
one  thereof  being  accomplished,  the  other  two  are  to  be  of  no  effect. 

A.  B.  [Seal] 

m.  Bonds  foe  the  Peefobmanoe  ob  Non-Peefoemanoe  of  VABiors  Acts. 

A  bond  conditioned  for  the  performance  of  a  specific  act  is  broken  by  failure 
to  perform  it ;  but  where  the  condition  is  to  indemnify  the  obligee  from  dam- 
age from  a  non-performance,  there  is  no  breach  until  the  obligee  has  been 
damnified  by  being  compelled  to  pay,  or  otherwise.  ' 

In  bonds  with  conditions  for  the  performance  of  duties  preceded  by  recitals 
of  what  the  duties  are,  general  terms  in  the  condition  are  restrained  by  the 


BONDS.  189 

Bonds  to  Perform  Covenants. 

recitals.  The  recitals,  therefore,  shoiild  be  carefully  drawn,  so  as  to  be  as  gen- 
eral as  the  condition  is  intended  to  be.  {(j) 

[For  Arbitration  Bonds  conditioned  for  the  Perfoi'mance  of  Awards,  see 
cJiapter  on  Arbitration.] 

401.  Bond  for  the  Performance  of  Covenants 

Know  all  mek  by  these  presents,  that  I,  A.  B.,  of  the  town  of  ,  in 

the  county  of  ,  and  State  of  ,  farmer,  am  [or,  we,  A.  B.,  of,  etc., 

and  C.  D.,  of,  etc.,  are]  held  and  firmly  bound  unto  Y.  Z.,  of  the  town  of 
,  in  the  county  of  ,  and  State  of  ,  merchant  [or,  unto 

W.  X.,  of,  etc.,  and  Y.  Z.,  of,  etc.],  in  the  sum  of  dollars,  good  and 

lawful  money  of  the  United  States,  to  be  paid  to  the  said  Y.  Z.,  his  [or,  to 
the  said  W.  X.  and  Y.  Z.,  their]  executors,  administrators  or  assigns ;  for 
which  payment,  well  and  truly  to  be  made,  I  do  bind  myself,  my  heirs, 
executors  and  administrators  [or,  we  do  bind  ourselves,  our  heirs,  executors 
and  administrators,  jointly  and  severally],  firmly  by  these  presents. 

Sealed  with  my  seal  [or,  our  seals] ;  dated  this        day  of  ,  18     . 

The  condition  of  the  above  obligation  is  such,  that  if  the  above-bounden 

A.  B.,  his  [or,  A.  B.  and  C  D.,  their]  heirs,  executors,  administrators  and 
assigns,  or  any  of  them,  shall  well  and  truly  perform,  fulfil  and  keep  each 
and  all  of  the  covenants,  conditions  and  agreements  specified  and  contained 
in  a  certain  [here  designate  the  instrument — e.  g.,  tTius:'\  indenture  of  lease, 
bearing  even  date  with  the  above-written  obligation,  and  made  between  A. 

B.  of  the  one  part  and  Y.  Z.  of  the  other  part,  which,  on  the  part  and  be- 
half of  the  said  A.  B.,  his  [or,  A.  B.  and  C.  D.,  their]  heirs,  executors,  ad- 
ministrators or  assigns,  ought  to  be  performed,  fulfilled  and  kept,  according 
to  the  true  intent  and  meaning  of  the  same,  then  the  above  obligation  is  to 
be  void ;  otherwise,  to  remain  in  full  force.  [Signature  and  seal.l 

402.  Bond  that  a  Warranty  Shall  Be  Kept. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  town  of  ,  in 

the  county  of  ,  and  State  of  ,  farmer,  am  [or,  we,  A.  B.,  of,  etc., 

and  C.  D.,  of,  etc.,  are]  held  and  firmly  bound  unto  Y.  Z.,  of  the  town  of 
,  in  the  county  of  ,  and  State  of  ,  merchant  [or,  unto 

W.  X.,  of,  etc.,  and  Y.  Z.,  of,  etc.],  in  the  sum  of  dollars,  good  and 

lawful  money  of  the  United  States,  to  be  paid  to  the  said  Y.  Z.,  his  execu- 
tors, administrators  or  assigns  [or,  to  the  said  W.  X.  and  Y.  Z.,  their  exec- 
utors, administrators  or  assigns ;  for  which  payment,  weU  and  truly  to  be 
made,  I  do  bind  myself,  my  heirs,  executors  and  administrators  [or,  we  do 
bind  ourselves,  our  heirs,  executors  and  administrators,  jointly  and  sev- 
erally], firmly  by  these  presents. 

Sealed  with  my  seal  [or,  our  seals] ;  dated  this        day  of  ,  18     .  * 

"Whereas  the  said  A.  B.  [and  C.  D.],  for  the  consideration  of  dollars 

to  him  [or,  them]  in  hand  paid,  or  secured  to  be  paid,  did  make,  finish  and 

{g)  Bell  V.  Bruen,  1  How.  U.  S.,  169. 


190  ABBOTTS'  FORMS. 

Bonds  for  Performance  of  Acts. 

sell  unto  the  said  Y.  Z.  [or,  "W.  X.  and  Y.  Z.]  a  steam-engine,  with  boilers 
and  appurtenances  [or  other  article,  as  the  case  may  &«],  which  he  has  de- 
livered and  placed  in  the  factory  of  said  Y.  Z.,  which  he  has  and  hereby 
does,  for  himself,  his  heirs,  executors  and  administrators  [or,  which  they 
have  and  hereby  do,  for  themselves,  their  heirs,  executors  and  administra- 
tors], warrant  to  be  good  in  each  and  every  respect,  and  to  remain  good 
and  sufficient  for  the  space  of  years,  t 

Now,  THEREFORE,  THE  CONDITION  of  the  above  obligation  is  such,  that  if 
the  said  steam-engine,  boilers  and  appurtenances,  or  any  part  thereof,  shall 
within  the  time  aforesaid  prove  defective  or  insufficient,  in  the  opinion  of 
any  tliree  competent  and  disinterested  mechanics  or  engineers,  then  this 
obligation  is  to  be  in  fuU  force ;  otherwise,  to  be  void. 

[Signatures  and  seah.] 

403.  Bond  for  Repayment  of  Purchase- Money,  On  a  Breach  of  Warranty. 

[As  in  preceding  form  to  the  t,  thence  continuing  thus :] 
Now,  THEREFORE,  the  Condition  of  this  obligation  is  such,  that  if  the  said 
steam-engine,  boilers  and  appurtenances  shall  so  be  and  remain  for  the 
time  aforesaid ;  or  in  case  the  same  or  either  of  them  shall  within  the  time 
aforesaid  prove  defective  or  insufficient,  in  the  opinion  of  any  three  com- 
petent mechanics  or  engineers,  who  shaU  be  disinterested,  if  in  such  case 
the  above-bounden  A.  B.,  his  [or,  A.  B.  and  C.  D.,  their]  heirs,  executors 
and  administrators,  or  any  of  them,  shall  well  and  truly  repay,  or  cause  to 
be  repaid,  unto  the  said  W.  X.  and  his  [or,  W.  X.  and  Y.  Z.,  their]  heirs, 
executors  or  administrators,  the  said  sum  of  dollars,  with  legal  interest 
from  the  day  of  •  18     ,  upon  the  re-delivery  to  him  or  them,  at 

aforesaid,  of  such  defective  or  insufficient  engine,  boiler  and  appur- 
tenances, then  this  obligation  is  to  be  void ;  otherwise,  to  remain  of  full 
force.  [Signatures  and  seals.] 

404.  Bond  for  a  Deed,  ly  Vendor  to  Purchaser. 

Know  all  men  by  these  presents,  that  I,  A.  B,,  of  the  town  of  ,  in 

the  county  of  ,  and  State  of  ,  farmer,  am  held  and  firmly  bound 

unto  Y.  Z.,  of  the  town  of         ,  in  the  county  of         ,  and  State  of  , 

merchant,  in  the  sum  of  dollars,  good  and  lawful  money  of  the  United 

States,  to  be  paid  to  the  said  Y.  Z.,  his  executors,  administrators  or  assigns ; 
for  which  payment,  well  and  truly  to  be  made,  I  do  bind  myself,  my  heirs, 
executors  and  administrators,  firmly  by  these  presents.  Sealed  with  my 
seal ;  dated  this        day  of  ,  18    .  * 

Whereas  the  above-bounden  A.  B.  has  this  day  agreed  to  sell  to  the  said 
Y.  Z.  the  following  described  tract  of  land  in  the  county  of  ,  in  the 

State  of  ,  to  wit  [describing  it],  on  condition  that  the  said  Y.  Z,  shall 

pay  the  sum  of  dollars,  in  manner  following — to  wit  [stating  time,  etc.], 
for  which  the  said  Y.  Z.  has  given  his  promissory  note. 

Now  THE  CONDITION  of  this  obligation  is  such,  that  if  said  Y.  Z.  shall  pay 
said  note  at  maturity,  and  shall  in  the  mean  time  pay  all  taxes  on  said  land. 


BOKDS.  191 

Bond  for  Conveyance. 


and  the  said  A.  B.  shall  on  the  completion  of  said  payments,  make,  execute 
and  deliver,  or  cause  to  he  made,  executed  and  delivered  [Iiere  state  the 
conveyance  to  be  given — e.  g.,  thus  :]  a  good  and  sufficient  warranty-deed  to 
the  said  Y.  Z.  for  said  tract  of  land,  t  then  this  obligation  to  be  void ;  other- 
wise, to  remain  in  full  force.  Asd  it  is  expressly  agreed  by  and  between 
said  parties,  that  time  is  of  the  essence  of  this  contract,  and  that  in  the 
event  of  the  non-payment  of  said  sum  of  money,  or  any  part  thereof, 
promptly  at  the  time  herein  limited,  that  then  the  said  A.  B.  is  absolutely 
discharged  at  law  and  in  equity  from  any  and  all  liability  to  make  and  exe- 
cute such  deed,  and  may  treat  the  said  Y.  Z.  as  a  tenant  holding  over  after 
the  termination,  or  contrary  to  the  terms  of  his  lease ;  or  if  he  prefer  to  do 
BO,  may  enforce  the  payment  of  said  note.     • 

In  presence  of  A.  B.  [Seal.] 

[Signature  of  witness^  if  any.] 


405.  Bond  With  Surety,  to  Execute  a  Conveyance. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  of  the  town  of  , 

in  the  county  of  ,  and  State  of  ,  farmer,  and  0.  D.,  of,  etc.,  are 

held  and  firmly  bound  unto  Y.  Z.,  of  the  town  of  ,  in  the  county  of 

,  and  State  of  ,  merchant,  in  the  sum  of  dollars,  good 

and  lawful  money  of  the  United  States,  to  be  paid  to  the  said  Y.  Z.,  his  ex- 
ecutors, administrators  or  assigns,  for  which  payment,  well  and  truly  to  be 
made,  we  do  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly 
and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals;  dated  this        day  of  ,  18     .  * 

The  condition  of  the  above  obligation  is  such,  that  if  the  above-bounden 
A.  B.,  on  or  before  the        day  of  next,  or,  in  case  of  his  death  before 

that  time,  if  the  heix's  of  the  said  A.  B.  within  months  after  his  de- 

cease, if  such  heirs  shall  then  be  of  full  age,,  or,  if  within  age,  then  within 
months  after  such  heirs  shall  be  of  full  age,  do  and  shall  upon  the 
reasonable  request,  and  at  the  proper  cost  and  charges  in  the  law  of  the 
said  Y.  Z.,  his  heirs  or  assigns,  make,  execute  and  deliver,  or  cause  so  to 
be  to  the  said  Y.  Z.,  his  heirs  or  assigns,  or  to  such  person  or  persons  as  lie 
or  they  shall  nominate  and  appoint,  and  to  such  uses  as  he  or  they  shall 
direct  \liere  state  the  conveyance  stipulated  for — e.g.,  thus:]  all  and  every 
such  deed  or  deeds,  conveyance  or  conveyances  whatsoever,  which  shall  be 
needful  for  conveying  and  confirming  unto  the  said  Y.  Z.,  his  heirs  and  as- 
signs, a  good,  absolute  and  indefeasible  estate  of  inheritance  in  fee-simple, 
clear  of  all  encumbrances,  except  a  mortgage  made  by  A.  B.  for  $1,000,  and 
due  years  from  date  [or  thus :  a  good  and  sufficient  conveyance  in  fee- 

simple,  with  the  usual  covenants],  [or  thus:  a  good  and  sufficient  warranty- 
deed,  in  fee-simple,  free  from  all  encumbrance,  and  with  full  covenants],  of 
the  following  described  premises— to  wit :  all  [describing premises],  t  then  the 
above  obligation  to  be  void ;  otherwise,  to  remain  in  full  force  and  virtue. 

A.  B.  [Seal] 
C.  D.  [Seal:] 


192  ABBOTTS'  FORMS. 


Bond  to  Convey. 


406.  Bond  to  Give  a  Quit- Claim. (h) 

[If  with  surety,  the  penal  clause  will  be  as  in  Form  405 ;  if  without,  as  in 
Form  402  to  the  *,  and  thence  continue  thus :] 

The  condition  of  the  above  obligation  is  such,  that  if  the  above-bor.nden 
A.  B.  shall  well  and  truly  make,  execute  and  deliver  to  the  said  Y.  Z.  a 
deed  of  release  and  quit-claim  of  said  A.  B.'s  interest  in  [designating  the 
property],  and  shall  suifer  and  permit  the  said  Y.  Z.,  his  heirs  and  assigns, 
to  peaceably  occupy  and  possess  said  interest,  then  this  obligation  is  to  be 
void ;  otherwise,  to  remain  in  full  force.  A.  B.  [Seal.'] 

0.  D.  [Seal]  - 

407.  Bond  That  a  Third  Person  Shall  Convey  on  Coming  of  Age. 

[If  with  surety,  the  penal  clause  may  he  as  in  Form^Oo ;  if  without  surety, 
as  in  Form  402  to  the  *,  thence  continuing  with  a  recital  of  the  case — e.  g.. 
thus :] 

Whereas  the  above-bounden  A.  B.  and  one  M.  N".  are  the  heirs  [or,  dev- 
isees] of  one  deceased,  and  as  such  heretofore  seized  of  certain  prem- 
ises in  the  town  of  aforesaid,  described  as  follows  [descrij)tion] ;  and 
whereas  the  above-named  Y.  Z.  has  agreed  with  the  said  A.  B.  and  M.  N. 
for  the  purchase  of  the  said  premises,  for  the  sum  of  dollars ;  but  the 
said  M.  N.,  not  being  yet  of  age,  cannot  now  join  in  conveying  the  same  to 
the  said  Y.  Z. ;  and  whereas  the  said  Y.  Z.,  at  request  of  the  above-bounden 
A.  B.  [and  name  surety,  if  any],  and  on  his  [or,  their]  promise  and  under- 
taking that  the  said  M.  K  should,  as  soon  as  he  shall  have  attained  the  age 
of  twenty-one  years,  at  the  proper  costs  and  charges  of  the  said  Y.  Z.,  con- 
vey to  the  said  Y.  Z.,  his  heirs  and  assigns,  his  undivided  interest  in  and 
part  of  the  said  premises,  has  paid  into  the  hands  of  the  said  A .  B.  the  whole 
of  the  said  purchase-money ;  and  the  said  A.  B.,  by  his  deed  of  even  date 
herewith,  has  conveyed  his  undivided  interest  in  and  part  of  the  said  prem- 
ises, to  the  said  Y.  Z.,  his  heirs  and  assigns:  Now  the  condition  of  this 
obligation  is  such,  that  if  the  said  M.  N.  shall  within  a  reasonable  time  after 
he  shall  have  attained  the  said  age  of  twenty-one  years,  at  the  proper  costs 
and  charges  of  the  said  Y.  Z.,  convey  unto  the  said  Y.  Z.,  his  heirs  and  assigns, 
by  such  deeds  and  conveyances  as  the  counsel  of  the  said  Y.  Z.  shall  advise, 
his  undivided  interest  in  and  part  of  the  said  premises,  and  that  without 
any  consideration  to  be  paid  him  by  the  said  Y.  Z.  for  so  doing ;  and  also  if, 
and  in  case  the  said  A.  B.  [and  name  also  surety,  if  any],  his  [or,  their} 
heirs,  executors  or  administrators,  shall  in  the  mean  time,  and  until  the 
said  M.  N.  shall  have  executed  such  conveyances  as  aforesaid,  save,  defend, 
keep  harmless  and  indemnified  the  said  Y.  Z.,  his  heirs,  executors  and  ad- 
ministrators, and  the  said  premises,  and  the  rents,  issues  and  profits  there- 
of, of  and  from  all  claims  and  demands  to  be  made  thereto,  by  or  on  the 
part  and  behalf  of  the  said  M.  N.,  t  then  this  obligation  to  be  void  ;  other- 
wise, to  remain  of  full  force.                                       [Signatures  and  seals.] 

(A)  This  form  only  binds  the  obligor  for  broken  if  he  be  ousted  by  better  titlo, 
what  interest  he  may  have,  and  is  not    Sawtell  v.  Pike,  20  Me.  (2  Applet.),  ltJ9. 


BONDS.  193 

To  Assign.  To  Pay  Mortgage. 

408.   Condition  for  Quiet  Possession  Meantime. 

[Insert  in  either  preceding  form  at  the  t,  the  following :]  And  also  if  the 
said  A.  B.,  his  heirs,  executors,  administrators  and  assigns,  do  and  shall,  until 
such  conveyance  and  assurance  be  made  and  executed  as  aforesaid,  permit 
and  suffer  the  said  Y.  Z.,  his  heirs  and.  assigns,  peaceably  and  quietly  to 
have,  receive  and  take  to  his  and  their  own  proper  use  and  uses,  the  rents 
and  profits  of  all  and  singular  the  premises,  and  every  part  and  parcel 
thereof,  witbout  any  manner  of  disturbance  or  hindrance  of  the  said  A.  B., 
bis  heirs,  executors,  atlministrators  or  assigns,  or  any  of  them,  or  of  any  other 
person  or  persons  whatsoever,  by  bis  or  their,  or  any  of  their  means,  or 
procurement,  then,  etc. 

409.  Bond  to  Execute  An  Assignment. 

[If  with  surety^  the  penal  clause  will  he  as  in  Form  405 ;  if  without  surety^ 
as  i7i  Form  402  to  the  *,  thence  continuing  thus ;] 

The  condition  of  the  above  obligation  is  such,  that  if  the  above-boundeh 
A.  B.,  his  executors,  administrators  or  assigns,  on  or  before  the  day 

of  next,  shall,  upon  the  reasonable  request,  and  at  the  proper  cost 

and  charges  of  the  said  Y.  Z.,  his  heirs  or  assigns,  make,  execute  and  de- 
liver, or  cause  so  to  be,  to  the  said  Y,  Z.,  his  heirs  or  assigns,  or  to  such 
person  or  persons  as  he  or  they  shall  nominate  and  appoint,  and  to  such 
uses  as  he  or  they  shall  direct,  a  good  and  sufficient  assignment  of  all  such 
estate  and  interest  as  he,  the  said  A.  B.,  now  hath  in  the  lands  and  tene- 
ments of  M.  F.  at  ,  then  this  obligation  to  be  void ;  otherwise,  to  re- 
main in  full  force.  A.  B.  [Seal.'] 

410.  Bond  to  Pay  Off  and  Cancel  a  Mortgage. 

[Ifioith  surety,  the  penal  clause  will  he  as  in  Form  405 ;  if  without  surety^ 
as  in  Form  402,  to  the  *  and  then  recite  the  cause  of  giving  the  bond — e.  g., 
thus,  where  it  is  given  by  a  vendor  of  the  land  to  the  purchaser :] 

Whereas  the  above-bounden  A.  B.  and  0.  B.  Ms  wife  heretofore  agreed 
to  convey,  and  have  this  day  conveyed,  to  the  said  Y.  Z.  certain  lands  in 
[brief  y  designating  the  premises],  by  a  full  warranty-deed ;  and 
whereas  said  premises  are  subject  to  the  payment  of  a  mortgage,  bearing 
date  the         day  of  j  18    ,  executed  by  tho  said  and  his 

wife,  to  ,  of  the  city  of  ,  and  county  of  ,  for  the  pur- 

pose of  securing  the  payment  of  the  sum  of  dollars,  in  years 

from  the  day  of  the  date  thereof,  with  semi-annual  interest,  as  secured  by 
the  condition  of  a  bond,  of  like  date  therewith,  executed  by  the  said 
to  the  said  ,  which  said  mortgage  is  a  lien  upon  the  premises  afore- 

said, and  was  recorded  in  the  office  of  the  clerk  of  the  county  of  ,  on 

the        day  of  ,  18    ,  at  pages        and        of  book        of  mortgages, 

at  o'clock  m:.,  and  upon  which  there  is  now  remaining  due  and  unpaid 
the  said  principal  sum  of  dollars,  with  interest  from  the  day  of 

,  last  past ;  which  sum  the  above-bounden  A.  B.  agreed  to  pay,  and 
to  satisfy  and  cancel  of  record  said  mortgage. 

Now,  THEEEFOEE,  THE  CONDITION  of  the  abovo  obligation  is  such,  that  if 
13 


194  ABBOTTS'  FORMS. 


Bond  to  Deliver  Title  Deeds. 


the  above-bounden  A.  B.,  his  heirs,  executors  and  administrators,  or^eithtr 
of  them  [or,  the  above-bounden  A.  B.  and  C.  D.,  or  either  of  them,  or  their 
or  either  of  their  heirs,  executors  or  administrators],  shall  well  and  truly 
pay,  or  cause  to  be  paid,  unto  the  said  [mortgagee],  or  his  executors, 

administrators  or  assigns,  all  such  sum  and  sums  of  money  as  are  or  may 
hereafter  become  due  on  the  said  bond  and  mortgage,  executed  by  the  said 
A.  B.  and  his  wife  as  aforesaid,  and  forever  satisfy  and  discharge  the  same, 
saving  the  said  Y.  Z.,  his  heirs,  executors,  administrators  and  assigns,  harm- 
less of  and  from  all  and  aU  manner  of  costs,  charges  and  expenses  in  the 
premises,  then  the  above  obligation  is  to  be  void;  otherwise,  to  remain  in 
full  force.  [Signatures  and  seals.] 

411.  Bond   ly   Vendor  to  Deliver  Lost  Title  Deeds  When  Found,  and  to 

Indemnify  Against  Encumhrances, 

[If  with  surety^  the  penal  clause  will  he  as  in  Form  405 ;  if  without  surety ^ 
a»  in  Form  402  to  the  *,  continuing  as  follows ;] 

Wheeeas  certain  title  deeds  and  evidences  of  title  to  premises  heretofore 
occupied  by  the  above-bounden  A.  B.,  in  the  village  of  ,  in  the  State 

of  ,  have  been  lost  or  mislaid,  not  having  been  recorded,  and  the  said 

A.  B.  upon  conveying  said  premises  to  Y.  Z.,  by  deed  of  even  date  with 
these  presents,  agreed  with  him  to  save  harmless,  and  keep  indemnified  the 
said  Y.  Z.,  his  heirs,  executors,  administrators  and  assigns,  against  all  per- 
sons whatsoever,  claiming  any  right  or  title  to  the  said  premises,  or  any 
part  thereof,  and  all  costs  and  charges  attending  the  same,  until  tlie  said 
title  deeds  and  evidences  of  title  shall  appear  to  be  found;  and  also,  that  in 
case  the  said  title  deeds  and  evidences  to  the  said  premises  should  at  any 
time  hereafter  be  found,  then  the  same  should  be  delivered  to  the  said 
Y.  Z.,  his  heirs  or  assigns,  whole  and  uncancelled:  Now  the  condition  of 
this  obligation  is  such,  that  if  the  said  A.  B.,  his  heirs,  executors  or  admin- 
istrators, do  and  shall  from  time  to  time,  and  at  all  times  hereafter  until 
the  said  title  deeds  and  evidences,  forming  a  complete  title  to  the  said 
premises,  shall  be  found,  save  harmless,  and  keep  indemnified  tlie  taid  Y.  Z., 
his  heirs,  executors,  administrators  and  assigns,  of,  fi'om  and  against,  aU 
mortgages  and  other  charges,  and  encumbrances,  affecting  the  said  premises, 
and  against  all  and  every  person  and  persons  whatsoever,  claiming  any 
estate,  right  or  title  of,  in  or  to  the  same,  or  any  part  thereof;  and,  if  such 
title  dt  eds  and  evidences,  or  any  of  them,  shall  at  any  time  hereafter  be 
found,  if  the  same  shall  be  delivered  up  to  the  said  Y.  Z.,  his  heirs  or 
assigns,  in  whole  and  uncancelled,  without  fraud  or  other  delay,  then  this 
obligation  is  to  be  void ;  otherwise,  to  remain  in  full  force. 

[Signatures  and  seals.] 

412.  Bond  ly  Part  Owners  of  a  Ship,  on  Selling  the  Same,  to  Procure  Bill 

of  Sale  from  the  Other  Part  Owner. 

[The  penal  clause  may  be  as  in  Form  405  to  the  *,  and  thence  continue 
thus :] 
Whkbeas  the  above-bourden  A.  B.  has  [or,  A.  B.  and  0.  D.  have],  by  bill 


BONDS.  195 

Security  by  Tenant. 


of  sale  of  even  date  herewith,  sold  and  assigned  unto  the  said  Y.  Z.  his 
share  [or,  their  several  shares]  in  the  ship  or  vessel  called  the  Mary,  and 
the  appurtenances ;  and  whereas  M.  N.,  of  ,  is  owner  of  the  other 

part  of  the  said  ship  or  vessel,  but,  he  being  absent,  the  said  A.  B. 
has  [or,  A.  B.  and  0.  D.  have]  undertaken  with  the  said  Y.  Z.  that  the  said 
M.  N".  shall  duly  execute  a  like  bill  of  sale,  or  otherwise  by  some  other  deed, 
suflSciently  convey  the  said  part  of  the  said  ship,  with  the  appurte- 

nances, to  the  said  Y.  Z.,  and  thereupon  the  said  Y.  Z.  has  paid  to  the  said 
A.  B.,  the  sum  of  dollars,  being  the  purchase-mosey  for  the  said 

part,  to  be  conveyed  by  said  M.  N. 

Now,  THEREFOEE,  THE  CONDITION  of  the  above  obligation  is  such,  that  if 
the  said  M.  N.,.  his  executors,  administrators  or  assigns,  shall  within 
months  after  the  date  above  written,  duly  sign,  seal,  and  execute  such  bill 
of  sale  to  the  said  Y.  Z.,  or  otherwise  duly  and  suflSciently  convey  the  said 
part  of  the  said  ship,  with  the  appurtenances,  to  the  said  Y.  Z. ;  and 
if,  in  the  mean  time,  the  said  Y.  Z.,  his  executors,  administrators  or  assigns, 
shall  quietly  hold  the  said  part  of  the  said  ship,  with  the  appurtenances, 

belonging  to  the  said  M.  K.,  without  any  denial  or  interruption  by  the  said 
M.  N.,  or  any  other  person  or  persons  whatsoever,  then  this  obligation  to 
be  void  and  of  no  eflfect;  otherwise,  to  be  and  remain  of  full  force  and 
virtue.  [Signature  and  seal.] 


413.  Bond  of  Tenant  With  Surety,  For  the  Payment  of  Bent. 

[The  penal  clause  may  be  as  in  Form  405  to  the  *  and  thence  continue 
thus ;] 

"Whereas  the  above-named  Y.  Z.,  by  indenture  of  lease  bearing  even  date 
with  the  above-written  obligation  [or,  bearing  date  the         day  of  ], 

for  the  consideration  in  the  said  lease  mentioned,  hath  demised  to  the  above- 
bounden  A.  B.  certain  premises  with  the  appurtenances,  situate  in  , 

for  the  term  of  years  from  thence  next  ensuing  [determinable,  never- 

tiieless,  at  the  end  of  the  first  years  of  the  said  terra,  if  the  said 

Ms  executors,  administrators  or  assigns,  shall  give  months'  notice 

thereof  in  manner  therein  mentioned],  at  and  for  the  yearly  rent  of 
dollai'S,  payable  [quarterly],  as  therein  expressed. 

Now  the  condition  of  this  oMigation  is  such,  that  if  the  above-bounden 
A.  B.  and  0.  D.,  their  heirs,  executors  or  administrators,  or  any  of  them, 
shall,  during  the  continuance  of  the  said  lease,  well  and  truly  pay,  or  cause 
to  be  paid,  to  the  said  Y.  Z.,  his  executors,  administrators  or  assigns,  the 
yearly  rent  or  sum  of  dollars  in  equal  quarter  yearly  payments,  on 

the  days  of  [designating  the  montJis],  or  within  days  next  after 
every  of  the  said  quarter-days,  according  to  the  true  intent  and  meaning 
of  the  said  recited  lease  [subject,  nevertheless,  to  the  determination  thereof, 
in  manner  as  aforesaid],  then  the  above-written  obligation  is  to  be  void; 
but  if  default  shall  be  made  in  any  of  the  said  quarterly  payments,  then  this 
obligation  shall  remain  in  full  force.  [Signatures  and  seals.] 


196  ABBOTTS'  FORMS. 


Receiptor's  Bond. 


414.  Bond  of  Tenant  With  Surety,  for  the  Surrender  of  Premites  in  Gooa, 

Condition^  etc. 

[The  penal  clause  may  he  as  in  Form  405  to  the  *,  and  thence  continue 
thtts :] 

Whebeas  the  above-named  Y.  Z.,  by  indenture  of  lease  bearing  even 

date  with  the  above-written  obligation  [or,  bearing  date  the  day  or 

],  for  the  consideration  in  the  said  lease  mentioned,  demised  to  the 

above-bounden  A.  I>.  certain  premises  with  the  appurtenances,  situate  in 

,  for  the  term  of  years  from  thence  next  ensuing  [determinable, 

nevertheless,  at  the  end  of  the  first  years  of  the  said  term,  if  the  said 

lessee,  his  executors,  administrators  or  assigns,  shall  give  months 

notice  thereof  in  manner  therein  mentioned],  at  and  for  the  yearly  rent  of 

dollars  payable  [quarterly],  as  therein  expressed. 

Now,  THKHEFORE,  THE  CONDITION  of  this  obligation  is  such,  that  if  the  said 
A.  B.,  his  executors,  administrators  or  assigns,  at  his  or  their  own  proper 
costs  and  charges,  shall,  during  the  said  lease,  always  maintain,  or  at  the 
expiration  or  other  sooner  determination  of  the  term  thereby  granted,  shall 
put  or  cause  to  be  put  the  said  [mill],  and  all  things  belonging  thereunto, 
into  the  same  form,  order  and  manner  as  they  now  are,  and  fitting  to  be 
used  for  a  [grist-mill],  as  the  same  now  is,  and  shall  and  do  deliver  up 
the  same,  in  such  order  and  manner  as  aforesaid,  at  the  expiration  or  d  v 
terminatioa  of  the  said  terra,  with  all  the  materials,  utensils  and  things 
which  are  now  in,  about  and  belonging  thereto,  unto  the  said  Y.  Z.,  his 
heirs,  executors,  administrators  or  assigns,  in  as  good  repair  and  condition 
as  they  now  are,  reasonable  use  and  wear  and  tear  thereof  [and  damages 
by  the  elements]  in  the  mean  time  only  excepted,  then  this  obUgation  is 
to  be  void ;  otherwise,  to  be  in  full  force,  [Signatures  and  seals.] 


415.  Bond  unth  Surety,  to  Deliver  to  Sheriff  Goods  Levied  On  and  Left  in 

Defendant's  Possession. 

Kkow  all  mest  by  these  presents,  that  we,  A.  B.,  of  the  town  of  , 

in  the  county  of  ,  and  State  of  ,  farmer,  and  C.  D.  of  the  same 

place,  merchant,  are  held  and  firmly  bound  unto  Y.  Z.,  the  sheriff  of  the 
county  of  ,  in  the  sum  of  dollars,  good  and  lawful  money  of 

the  United  States,  to  be  paid  to  the  said  Y.  Z.,  his  executors,  administrators 
or  assigns,  for  which  payment,  well  and  truly  to  be  made,  we  do  bind  our- 
selves, our  heirs,  executors  and  administrators,  jointly  and  severally,  firmly 
by  these  presents. 

Sealed  with  our  seals ;  dat^d  this        day  of  ,18    . 

"Whereas  the  above-named  Y.  Z.,  sheriff  of  the  said  county  of  ,  by 

virtue  of  an  execution  [or,  a  writ  of  feri  fjcias],  issued  out  of  the  court  of 
,  for  the  ,  to  him  directed  and  dehvered,  has  seized,  and  taken 

in  execution  the  following  goods  [describing  them],  as  the  property  of  the 
above-bounden  A.  B.,  defendant  in  the  said  execution  [or,  writ  of  Jieri 
facias]. 


BONDS.  197 

To  Refund  Legacy. 


Now  THK  CONDITION  of  tliis  obligation  is  such,  that  if  the  above-bouiiden 
A.  B.  or  C.  D.,  or  their  executors,  administrators  or  assigns,  or  any  of  them, 
shall  well  and  truly  deli%er  uj)  or  cause  to  be  delivered  up  to  the  said 
sheriff  all  the  above-mentioned  goods,  whenever  required  by  the  said 
sheriff,  in  a  sound  and  in  every  way  as  good  a  situation  and  condition  a.** 
when  the  above-mentioned  goods  were  first  levied  on  by  the  said  sheriff, 
and  that  too  without  fraud  or  other  delay,  then  this  obligation  is  to  be 
void ;  otherwise,  to  remain  in  full  force. 

A.  B.  [Heal] 
0.  D.  [Seal] 


416.  Bond  to  Executors  or  Administrators  With  Will  Annexed,  to  Refund 
Legacy  if  Assets  Prove  Insufficient. 

Know  all  mek  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  county  of 

,  and  State  of  ,  am  [or,  if  with  surety^  say,  we,  A.  B.,  of,  etc., 

and  0.  D.,  of,  etc.,  are]  held  and  firmly  bound  unto  W.  X.  and  Y.  Z.,  of 
,  in  said  State,  executors  of  the  will  of  M.  N,,  deceased  [or,  admin- 
istrators with  the  will  annexed  of  M.  N.,  deceased],  late  of  the  city  of 
,  and  State  of  ,  in  the  sum  of  dollars  [inserting  the  penal 

sum],  good  and  lawful  money  of  the  United  States,  to  be  paid  to  the  said 
executors  [or,  administrators]  as  afoi'esaid,  their  survivor  or  survivors,  or 
their  or  his  successors  or  assigns,  for  which  payment,  well  and  truly  to  be 
made,  I  do  bind  myself,  my  heirs,  executors  and  administrators  [or,  we  do 
bind  ourselves,  our  heirs,  executors  and  administrators,  jointly  and  sev- 
erally], firmly  by  these  presents. 

Sealed  with  my  seal  [or,  our  seals];  dated  this        day  of  ,  18     , 

Wheeeas,  M.  N.  [father  of  the  said  A.  B,],  by  his  said  will,  bearing  date 

the        day  of  »  18    ,  gave  and  bequeathed  to  the  said  A.  B.  a  legacy  of 

dollars  [or,        shares  of  the  capital  stock  of  the  bank,  or  otherwise, 

as  the  cai-e  may  he],  *  which  the  said  W.  X.  and  Y.  Z.  have  paid,  transferred 

and  delivered  [or,  are  about  to  pay,  transfer  and  deliver]  to  the  said  A.  B, 

Now  THE  CONDITION  of  this  obligation  is  such,  that  if  the  said  legacy,  or 
any  part  thereof,  shall  at  any  time  be  neceesary  to  discharge  any  debt,  lia- 
bility or  legacy,  which  the  said  executors  [or,  administrators]  shall  not 
have  other  assets  to  pay,  then,  and  in  such  case,  if  the  said  A.  B.,  his 
heirs,  executors  or  administrators  shall  return  the  said  legacy,  or  such  part 
thereof  as  shall  appear  to  be  necessary  for  the  payment  of  such  debts  or 
liabilities,  or  lor  the  payment  of  a  proportionate  part  of  such  legacies,  and 
the  costs  and  charges,  if  there  be  any,  incurred  by  reason  of  the  payment  of 
the  said  A.  B. ;  or,  if  the  probate  of  the  will  of  the  said  deceased  be  re- 
voked, or  the  will  declared  void,  vcholly  or  as  to  such  legacy,  then,  and  in 
such  case,  if  the  said  A.  B.  shall  return  the  whole  of  the  legacy  [with  in- 
terest] to  the  said  W.  X.  and  Y.  Z.,  their  survivors,  or  their  or  his  successors 
or  assigns,  then  this  obligation  is  to  be  void ;  otherwise,  to  remain  in  full 
force. 

[Signatures  and  seals.] 


198  ABBOTTS'  FORMS. 


Bond  for  Legacy.  Bond  for  Maintenance. 

417.  Bond  to  Executors^  etc..  On  Payment  of  a  Legacy  to  a  Minor. 

Know  all  men  by  these  presents,  that  I,  A.  B  ,  of  ,  in  the  county 

ot  ,  and  State  of  ,  am  held  and  firmly  bound  unto  W.  X.  and 

Y.  Z.,  of  ,  in  the  said  State,  executors  of  the  will  of  M.  N".,  deceased 

\or,  administrators  with  the  will  annexed  of  M.  N.,  deceased],  late  of  the 
city  of  ,  and  State  of  ,  in  the  sum  of  dollars  [inserting  the 

penal  sum],  good  and  lawful  money  of  the  United  States,  to  be  paid  to  the 
said  executors  [or,  administrators]  as  aforesaid,  their  survivor  or  survivors, 
or  their  or  his  successors  or  assigns,  for  which  payment,  well  and  truly  to 
be  made,  I  do  bind  myself,  my  heirs,  executors  and  administrators,  firmly 
by  these  presents. 

Sealed  with  my  seal ;  dated  the        day  of  ,  18    . 

Whebeas  the  said  M.  N.,  by  his  said  will,  bearing  date  the  day  of 

,  18    ,  gave  and  bequeathed  to  0.  B.,  the  minor  son  of  the  above- 
bounden  A.  B.,  a  legacy  of  dollars  [or  otherwise,  as  the  case  may  he], 

which  the  said  W.  X.  and  Y.  Z.,  at  the  request  of  said  A.  B.,  have  paid, 
transferred  and  delivered  [or,  are  about  to  pay,  transfer  and  deliver]  to 
tbj  said  A.  B.,  for  the  use  and  benefit  of  the  said  legatee,  his  minor  son. 

Now  THE  CONDITION  of  this  obligation  is  such,  that  if  the  said  A.  B. 
shall  pay  the  said  legacy  to  the  said  C.  B.,  his  son,  when  he  shall  attain  the 
age  of  twenty-one  years;  and  if  the  said  0.  B.,  within  months  after 

his  attaining  such  age,  or  his  executors  or  administrators,  upon  his  decease 
before  attaining  such  age,  shall  execute  and  deliver  to  the  said  "W.  X.  and 
Y.  Z.,  as  executors  [or,  administrators]  as  aforesaid,  their  survivor  or  suc- 
cessors, a  sufficient  release  and  discharge  of  aud  from  the  said  legacy  so 
paid  as  aforesaid,  and  also  if  the  said  A.  B.,  his  executors  and  administra- 
tors, do  and  shall,  at  all  times  hereafter,  well  and  sufficiently  save  and  keep 
harmless  and  indemnified  the  said  W.  X.  and  Y.  Z ,  their  heirs,  executors, 
administrators,  survivors  and  successors,  of  and  from  all  actions  and  de- 
mands, for,  about  or  concerning  the  said  legacy  in  anywise,  then  this  obli- 
gation is  to  be  void ;  otherwise,  to  remain  in  full  force. 

[Signature  and  seal.] 

418.  Bond  to  Maintain  Two  Persons  for  Life. 

\Jf  with  surety,  the  penal  clause  will  be  as  in  Form  405 ;  if  without  surety, 
as  in  Form  402,  to  the  *,  and  thence  continue  thus :] 

"Whereas  the  above-bounden  A.  B.,  in  consideration  of  the  sum  of 
dollars,  to  him  in  hand  paid  by  the  above-named  Y.  Z.  [or,  a  conveyance  of 
land  this  day  made  by  said  Y,  Z.,  and  W.  Z.  his  wife],  has  agreed  to  main- 
tain them,  the  said  Y.  Z.  and  W.  Z.  for  life.  Now,  therefore,  the  con- 
dition of  this  obligation  is  such,  that  if  the  said  A.  B.,  his  executors  or 
administrators,  shall  from  time  to  time,  and  at  all  times  hereafter  during  the 
natural  life  of  the  said  W.  Z.  and  Y.  Z.,  and  the  survivor  of  them,  well  and 
sufficiently  support  and  maintain,  and  clothe,  and  in  all  respects  suitably 
care  and  provide  them  and  each  of  them,  in  the  house  of  said  A.  B  [or,  and 
shall  allow  the  said  Y.  Z.,  and  W.  Z.  his  wife,  and  the  survivor  of  them,  the 


BONDS.  199 

To  Marry.  To  Support  Child. 

sole  use  of  the  room  which  they  now  occupy  on  the  premises],  and  also 
shall  pay  to  them,  during  their  joint  lives,  on  the        day  of  ,  in  each 

year,  the  clear  yearly  sura  of  dollars,  and  to  the  survivor  of  thera, 

during  his  or  her  life,  the  clear  yearly  sum  of  dollars,  on  the  like 

days,  then  this  obligation  is  to  he  void ;  otherwise,  to  remain  in  full  force. 
Peovided,  however,  that  the  said  W.  Z.  and  Y.  Z.  shall  not  refuse  to  re- 
side in  the  county  of  aforesaid,  except  such  refusal  he  occasioned  by 
inability  to  obtain  comfortable  and  sufficient  board,  lodging  and  main- 
tenance in  the  said  county.  [Signatures  and  seals.] 

419.  Bond  to  Marry  or  to  Pay  a  Sum  of  Money. 

[If  with  surety,  the  penal  clause  will  be  as  in  Form  405;  if  without,  as  in 
Form  402  to  the  *,  and  thence  continue  thus:] 

The  coNDiTiox  of  the  above  obligation  is  such,  that  if  the  above-bounden 
A.  B.  do,  on  or  before  the  day  of  ,  espouse  and  marry  \Y.  Z., 

daughter  of  the  said  Y.  Z.,  if  the  said  W.  Z.  will  thereunto  assent  and  the 
laws  of  this  State  [or,  Commonwealth]  will  permit  the  same;  or  if  it  shall 
happen  that  the  said  A.  B.  shall  not  marry  her  as  aforesaid,  then  if  the  said 
A.  B.  shall  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said  W.  Z.,  her 
executors,  administrators  and  assigns,  the  sum  of  dollars  on  the 

day  of  next  ensuing  the  said        day  of  ,  above  mentioned  and 

limited  for  the  said  marriage,  then  this  obligation  is  to  be  void ;  otherwise, 
to  remain  in  full  force.  [Signatures  and  seals.] 

420.  Bond  to  Contribute  to  the  Support  of  An  Illegitimate  Child. 

[If  with  surety,  the  penal  clause  will  be  as  in  Form  405 ;  if  without  surety, 
as  in  Form  402  to  the  *,  and  thence  continue  thus :] 

Wheeeas  the  said  Y.  Z.  has  made  oath  before  M.  F.,  a  justice  of  the 
peace  in  and  for  the  said  town  [or,  county]  of  ,  that  the  above-bounden 

A.  B.  is  the  father  of  a  male  [or,  female]  bastard  child,  of  which  she  has 
lately  been  delivered,  and  the  said  A.  B.  has  thereupon  agreed  to  assist  the 
said  Y.  Z.  iu  the  support  and  maintenance  of  the  said  child : 

Now,  THEEEFOKE,  THE  CONDITION  of  the  abovc  Obligation  is  such,  that  if 
the  above  bounden  A.  B.,  his  heirs,  executors  and  administrators,  or  any 
of  them  [er,  the  above-bounden  A.  B.  and  0.  D.,  or  either  of  them,  or  their 
or  either  of  their  heirs,  executors  or  administrators],  shall  and  do  well  and 
truly  pay  to  the  said  Y.  Z.,  her  executors,  administrators  or  assigns,  towards 
the  support  and  maintenance  of  the  said  child,  the  sum  of  dollars  and 

cents  per  week,  for  each  and  every  week  fx-om  the  day  of  , 

18     ,  during  the  term  of  years,  if  said  child  shall  live  so  long,  then, 

etc.  [as  above]. 

421.  Bond  to  Serve  in  Consideration  of  the  Payment  of  a  Debt. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  consid^a- 

tion  of  the  sum  of  to  me  in  hand  paid  by  Y.  Z.,  of  ,  have  bound 

myself,  and  by  these  presents  do  bind  myself,  a  servant  unto  the  said  Y.  Z., 
to  serve  him,  the  said  Y.  Z.,  his  executors  and  administrators  [and  assigns], 


200  ABBOTTS'  FORMS. 


Bonds  respecting  Apprenticeship. 


for  the  space  of  months  and  days  from  the  day  of  the  date  liereof ; 
and  I  do  covenant  so  to  serve  faithfully  during  the  said  time ;  and  so  to 
serve  at  the  rate  of  dollars  per  month  for  all  such  moneys  as  the 

said  Y.  Z.  hath  undertaken,  or  shall  undertake,  and  be  obliged  to  pay  at 
my  request,  for  me  and  on  my  account,  he,  the  said  Y.  Z.,  finding  and  pro- 
viding for  me  during  the  said  time,  in  board,  lodging,  and  washing,  as  is 
customary  for  servants. 

In  witness  whekeof,  I  have  hereunto  set  my  hand  and  seal,  this  day 
of  ,  18     .  [Signature  and  seal.] 

422.  Bond  hy  a  Father  for  Service  of  Apprentice. 

Know  all  mbn  by  these  presents,  that  I,  A.  B.,  of  the  town  of  ,  in 

the  county  of  ,  and  State  of  ,  farmer,  am  held  and  firmly  bound 

unto  Y.  Z.,  of  the  town  of  ,  in  the  county  of         ,  and  State  of         , 

blacksmith,  in  the  sura  of  dollars  [inserting  penal  sww],  good  and  law- 

ful money  of  the  United  States,  to  be  paid  to  the  said  Y.  Z.,  his  executors 
administrators  or  assigns;  for  which  payment,  well  and  truly  to  be  made,  I 
do  bind  myself,  my  heirs,  executors  and  administrators,  firmly  by  these 
presents. 
Sealed  with  my  seal ;  dated  this        day  of  ,  18    .  t 

Whereas  C.  B.,  son  of  the  above-bounden  A.  B.,  by  indenture  of  appren- 
ticeship, bearing  even  date  with  the  above-written  obligation,  has  been  ap- 
prenticed to  the  above-named  Y.  Z.,  with  him  to  dwell  and  abide,  from  the 
day  of  the  date  thereof  unto  the  full  end  and  terra  of  years  thence 

next  ensuing,  as  by  the  said  indenture  more  fully  appears.  Now  the  con- 
dition of  this  obligation  is  such,  that  if  the  said  C.  B.  shall  well  and  truly 
serve  and  dwell  with  the  said  Y.  Z.  after  the  manner  of  an  apprentice,  dur- 
ing all  the  said  term  of  years,  according  to  the  true  intent  and  mean- 
ing of  the  said  indenture;  and  if  the  said  C.  B.  shall  not,  during  said  time, 
detain,  convert,  waste,  embezzle,  make  away  or  lend,  without  his  master's 
order  or  privity,  any  goods  and  chattels  of  the  said  Y.  Z.,  his  executors  or 
administrators,  but  shall  behave  himself  honestly  and  obediently  towards 
the  said  Y.  Z.,  his  executors  and  administrators,  as  a  good  and  dutiful  ap- 
prentice ought  to  do,  during  the  said  term  [or  may  provide  for  the  obligor 
reimbursing^  as  in  the  following  form,  last  clause],  then  this  obligation  is  to 
be  void ;  otherwise,  to  remain  in  full  force.  A.  B.  [Seal.] 

423.  Bond  for  Clothing  and  in  SicTcness  Maintaining  An  Apprentice,  and 
for  His  Fidelity. 

[The  penal  clause  will  he  as  in  the  preceding  form  to  the  t,  and  thence 
continue  thus :] 

Whekeas,  0.  B.  [son  of  the  above-bounden  A.  B.],  by  an  indenture  bear- 
ing even  date  with  the  above  obligation,  has  been  apprenticed  to  the  above- 
named  Y.  Z.  for  the  term  of  years  from  the  date  hereof,  as  by  the  said 
indenture  appears ;  and  whereas  the  said  Y.  Z.  accepted  of  the  said  0.  B. 
as  hia  apprentice  on  the  above-bounden  A.  B.  agreeing  to  find  and  provide 


BONDS.  201 

Relating  to  Apprenticeship. 


for  the  said  C.  B.  [his  son]  all  and  all  manner  of  wearing  apparel  and  wasli- 
ing  during  his  said  apprenticeship,  and  in  case  of  sickness,  proper  diet, 
lodging,  attendance,  medicines  and  medical  advice :  Now  the  condition  of 
tliis  obligation  is  such,  that  if  the  above-bounden  A.  B.,  his  executors  or 
administrators,  or  any  of  them,  shall  at  all  times  hereafter  during  such  ap- 
prenticeship, at  his  and  their  own  proper  costs  and  charges,  tind  and  pro- 
vide, or  cause  to  be  found  and  provided,  for  the  said  C.  B.  all  and  all  man- 
ner of  wearing  apparel  whatsoever,  and  washing,  fit  and  convenient  for  the 
8ai<l  C.  B. ;  and,  in  case  the  said  0.  B.  shall  at  any  time  during  his  said  ap- 
prenticeship be  rendered  incapable,  by  sickness  or  otherwise,  of  performing 
his  duty  as  an  apprentice,  shall  as  often  and  so  long  as  such  shall  be  the 
case,  at  his  and  their  own  proper  costs  and  charges,  find  and  provide  for 
the  said  0.  B.  fit  and  convenient  diet,  lodging,  attendance,  medicines  and 
medical  advice,  and  thereof  and  therefrom,  and  from  the  covenants  in  the 
said  indenture  of  apprenticeship  contained  relating  thereto,  shall  save,  keep 
harmless  and  indemnified  the  said  Y.  Z.,  his  executors  and  administrators, 
and  every  of  them  ;  and  also  in  case  the  said  C.  B.,  at  any  time  during  his 
said  apprenticeship,  shall  detain,  convert,  and  embezzle,  make  away  or 
lend,  without  his  said  master's  order  or  privity,  any  money,  goods,  wares, 
merchandise  or  other  things  appertaining  to  the  said  Y.  Z.,  his  executors 
or  administrators,  then  if  in  such  case  the  said  A.  B.  shall  always,  within 
days  next  after  notice  thereof  to  him  or  them,  make  suflBcient  recom- 
pense, payment  and  satisfaction  to  the  said  Y.  Z.,  his  executors  or  adminis- 
trators, for  the  same,  then  this  obligation  is  to  be  void ;  otherwise,  to  re- 
main in  full  force.  [Signature  and  seal.} 

424.  Bond  of  Master  to  Discharge  An  Apprentice  Before  the  Expiration  of 

His  Term. 

{The  penal  clause  will  be  as  in  Form  422  to  the  t,  thence  continuing 
thus  .•] 

Wheeeas,  W.  Z.,  son  of  the  above-named  Y.  Z.,  by  an  indenture  of  ap- 
prenticeship, bearing  even  date  herewith,  lias  been  apprenticed  to  the 
above-bounden  A.  B.,  to  serve  him  as  an  apprentice  from  the  date  thereof 
for  and  during  the  term  of  years,  as  by  the  said  indenture  will  appear ; 

and  whereas,  previous  to  the  execution  of  the  said  indenture  of  apprentice- 
ship, it  was  agreed  between  the  said  Y.  Z.  and  the  above-bounden  A.  B., 
that  the  said  W.  Z.  should  be  discharged  from  his  said  apprenticeship  at 
the  expiration  of  the  first  years  of  the  said  term  of  years  : 

Now  THE  CONDITION  of  this  obligation  is  such,  that  if  the  said  A.  B.,  his 
executors  or  administrators,  shall  at  the  expiration  of  the  first  years 

of  the  said  apprenticeship  term  of  years,  release  and  discharge  the 

said  W.  Z.,  of  and  from  his  said  service  and  apprenticeship,  and  deliver  up 
the  said  indenture  of  apprenticeship  to  be  cancelled,  and  shall  permit  and 
suffer  the  said  AV.  Z.  peaceably  and  quietly  to  have  and  enjoy  the  remainder 
of  his  said  apprenticeship  term  of  years,  for  his  own  benefit  and 

advantage,  then  this  obligation  is  to  be  void ;  otherwise,  to  remain  in  full 
force.  [Signature  and  seal,} 


202  ABBOTTS'  FORMS. 


Bond  of  Agent  or  Collector. 


425.  Bond  to  Indemnify  a  Master  for  Discharging  An  Apprentice. 

[The  penal  clause  will  le  as  in  Form  422  to  the  f,  thence  continuing  thus :] 
Whereas,  C.  B.,  son  of  the  said  A.  B.,  by  an  indenture  of  apprenticeship, 
hearing  date  on  or  about  the  day  of  ,  was  apprenticed  unto  the 

above-named  Y.  Z.,  to  serve  him  as  an  apprentice  for  the  space  of 
years  from  the  date  of  the  said  indenture,  as  by  the  said  indenture  of  ap- 
prenticeship will  appear;  and  whereas  the  said  Y.  Z.,  as  well  at  the  desire 
of  the  said  C.  B.,  as  with  the  consent  and  approbation  of  the  above-bounden 
A.  B.,  and  on  his  promise  of  indemnity,  hath  discharged  his  said  apprentice 
of  and  from  his  service  [and  hath  repaid  unto  the  said  A.  B.  tlie  sum  of 
dollars,  by  him  had  and  received  with  his  said  apprentice,  the 
receipt  of  which  said  sum  of  dollars  he,  the  said  A.  B.,  doth  hereby 

acknowledge] :  Now  the  condition  of  this  obligation  is  such,  that  if  the 
above-bounden  A.  B,,  his  heirs,  executors  and  administrators,  or  any  of 
them,  shall  at  all  times  hereafter,  save,  defend,  keep  harmless  and  indem- 
nified the  said  Y.  Z.,  his  heirs,  executors  and  administrators,  of  and  from 
all  and  every  the  covenants  in  the  said  indenture  of  apprenticeship  con- 
tained, and  which  on  the  part  of  the  said  Y.  Z.,  his  executors  or  adminis- 
trators, are  or  ought  to  be  done  and  performed,  and  all  action  and  actions, 
suit  and  suits,  both  at  law  and  in  equity,  costs,  charges,  damages  and 
expenses  whatsoever,  which  shall  or  may  happen  to  him  or  them,  for  or  by 
reason  thereof,  or  touching  or  concerning  the  said  indenture  of  apprentice- 
ship, or  by  reason  or  means  of  any  sum  or  sums  of  money  by  him  had  and 
received  with  the  said  0.  B.,  or  from  payment  thereof  or  any  wise  relating 
to  any  of  the  said  matters,  then  this  obligation  is  to  be  void ;  otherwise,  to 
remain  in  full  force.  [Signature  and  seal.] 

426.  Bond  By  One  Empowered  to  Collect  Beits  for  Executors,  etc. 

Know  all  mex  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  county 

of  ,  and  State  of  ,  am  [or,  if  with  surety,  say,  we,  A.  B.,  of,  etc., 

and  0.  D.,  of,  etc.,  are]  held  and  firmly  bound  unto  W.  X.  and  Y.  Z.,  of 
,  in  said  State,  executors  of  the  will  of  M.  N.,  deceased  [or,  admin- 
istrators of  the  goods,  chattels  and  credits  which  were  of  M.  N.,  deceased], 
late  of  the  city  of  ,  and  State  of  ,  in  the  sum  of  dollars 

[inserting  the  penal  sum],  good  and  lawful  money  of  the  United  States,  to 
be  paid  to  the  said  executors  [or,  administrators]  as  aforesaid,  their  sur- 
vivor or  survivors,  or  their  or  his  successors  or  assigns,  for  which  payment, 
well  and  truly  to  be  made,  I  do  bind  myself,  my  heirs,  executors  and 
administrators  [or,  we  do  bind  ourselves,  our  heirs,  executors,  and  admin- 
istrators, jointly  and  severally],  firmly  by  these  presents. 
Sealed  with  my  seal  [or,  our  seals] ;  dated  this        day  of  ,  18    , 

Whereas  the  above-named  W.  X  and  Y.  Z.,  as  executors  of  the  last 
will  and  testament  [or,  as  administrators  of  the  goods,  chattels  and  credits 
which  were]  of  M.  N.,  late  of  ,  deceased,  by  their  power  of  attorney, 

bearing  even  date  herewith,  have  constituted  and  appointed  the  above- 
bounden  A.  B.,  of  ,  their  true  and  lawful  attorney  for  them,  and  in 


BONDS.  203 

Bonds  for  Fidelity. 


their  names,  and  for  their  sole  use  and  benefit,  to  ask,  demand,  collect  and 
receive  of,  and  from  all  and  every  person  and  persons,  debtors  to  the  estate 
of  the  said  M.  K,  all  sum  and  sums  of  moneys  from  them,  or  any  of  them, 
now  [or  to  become]  duo  and  owing  to  the  estate  of  the  said  M.  N.,  as  in 
and  by  the  said  power  of  attorney  appears :  Now  thb  oonditiox  of  the 
above  obligation  is  such,  that  if  the  above-bounden  A.  B.,  his  executors  and 
administrators,  do,  and  shall  from  time  to  time  and  at  all  times  hereafter, 
upon  request,  deliver  or  cause  to  be  delivered,  unto  the  said  W.  X.  and 
Y.  Z.,  their  successors  or  assigns,  a  just  and  true  account,  in  writing,  of  all 
moneys  which  he  shall  receive  by  virtue  of  said  power  of  attorney,  with  the 
names  of  the  persons  from  whom  received,  and  for  what ;  and  also  from  time 
to  time,  pay  and  deliver  over  unto  the  said  W.  X.  and  Y.  Z.,  their  successors 
or  assigns,  or  to  such  other  person  or  persons  as  shall  be  thereto  by  them 
appointed,  all  such  moneys  as  upon  such  account  or  otherwise  shall  appear 
to  have  been  received  by  him,  or  be  remaining  in  his  hands,  without  fraud 
or  further  delay,  then  this  obligation  is  to  be  void ;  otherwise,  to  be  iu 
full  force  and  virtue.  [Signature  and  seal.'\ 


427.  Bond  for  the  Return  of  Goods  to  le  Sold,  or  Their  Value. 

[The penal  clause  will  be  as  in  Form  401,  thence  continuing  thus:] 
Whereas  the  above-named  W.  X.  and  Y.  Z.  have  delivered  to  the  above- 
bounden  A.  B.  certain  merchandise,  consisting  of  [silks,  velvets,  and-  other 
goods],  to  the  value  of  dollars,  to  be  by  him  sold  [by  public  sale  forth- 

witli,  for  ready  money] :  Now  the  condition  of  this  obligation  is  such, 
that  if  the  said  A.  B.,  his  executors  or  administrators,  shall  within 
next  ensuing  the  date  hereof  return  unto  the  said  W.  X.  and  Y.  Z.,  or  either 
of  them,  their  or  either  of  their  executors,  administi'ators  or  assigns,  all 
such  of  the  said  merchandise  as  shall  then  remain  unsold  (casualties  hap- 
pening by  fire,  only,  excepted),  and  pay,  or  cause  to  be  paid,  unto  the  said 
W.  X.  and  Y.  Z,,  or  either  of  them,  their  Or  either  of  their  executors  or 
administrators  or  assigns,  all  such  moneys  as  shall  have  been  by  him  then 
received  for  the  merchandise  so  sold  [or  the  price  of  all  such  merchandise 
which  shall  then  have  been  sold],  then  this  obligation  to  be  void ;  other- 
wise, to  remain  in  full  force.  [Signature  and  seal.] 


428.  Bond  for  the  Fidelity  of  a  Cleric. 
[The  penal  clause  may  ie  as  in  Form  401,  thence  continuing  thu^:] 
Wheeeas  the  above-named  Y.  Z.  has  [or  W.  X.  and  Y.  Z.  have]  employed 
M.  N.  as  a  clerk  or  salesman  [or,  clerk  or  porter,  or  otherwise],  in  their  busi- 
ness of  :  Now  THE  CONDITION  of  tliis  obligation  is  such,  that  if  the 
said  M.  N.  shall  well  and  faithfully  [or,  with  honesty  and  in  good  faith] 
discharge  his  duties  as  such  ,  and  shall  also  account  for  all  moneys 
and  property,  and  other  things  which  may  come  into  his  possession  or 
under  his  control  therein,  then  this  obligation  is  to  be  void ;  otherwise,  to 
remain  in  full  force.  [Signature  and  seal.] 


204  ABBOTTS'  FORMS. 


Bonds  for  Fidelity. 


429.  Bond  for  the  Fidelity  of  the  Treasurer  of  an  Unincorporated 
Association. 

[The  penal  clause  may  be  as  in  Form  405  to  the  *,  thence  continuing  thus  .•] 
Whbkeas  the  above-bounden  A.  B.  has  been  chosen  treasurer  of  the 
Company  [or.  Association,  or,         Society],  by  reason  whereof 

he  will  receive  or  have  control  of  moneys,  property,  and  other  things  of 
the  said  company  [or,  association,  or,  society],  and  others :  Now  the  con- 
dition of  this  obligation  is  such,  that  if  tlie  said  A.  B.,  his  executors  or  ad- 
ministi'ators,  shall  honestly  and  in  good  faith(i)  serve  as  such  treasurer 
during  his  continuance  in  said  office  within  the  term  for  which  he  is  chosen 
[or,  so  long  as  he  shall  continue  and  be  continued  in  said  office],  and  hold 
and  dispose  of  whatever  he  may  receive  as  such  treasurer,  as  the  association 
or  its  board  of  directors  may  direct,  and  according  to  the  provisions  of  the 
constitution,  by-laws,  and  regulations  of  said  company  [or,  association]  now 
existing,  or  which  may  be  by  them  adopted ;  and  at  the  expiration  of  his 
said  office,  or  sooner  if  thereto  required,  upon  due  request  to  him  or  them 
to  be  made,  shall  make  and  give  unto  such  auditor  and  auditors  as  shall  be 
appointed  by  the  said  company,  a  just  and  true  account  of  all  moneys, 
property,  and  other  things,  as  have  come  into  his  possession,  or  under  his 
control  or  charge,  as  treasurer  aforesaid ;  and  shall  pay  and  deliver  over 
to  his  successor  in  office,  or  any  other  person  duly  authorized  to  receive 
the  same,  all  such  moneys,  property,  and  other  things  which  shall  appear 
to  be  in  his  hands  and  due  by  him  to  the  said  company  [or,  association,  or, 
society],  then  this  obligation  is  to  be  void;  otherwise,  to  remain  in  full 
force.  [Signatures  and  seals.] 


430.  Bond  for  the  Fidelity  of  the  Cashier  or  Teller  of  a  BanJc. 

[The penal  clause  may  he  as  in  Form  405  to  the  *,  thence  continuing  thus:] 
Whereas  the  above-bounden  A.  B.  has  been  chosen  and  appointed 
cashier  [or,  teller]  of  the  Bank,  by  reason  whereof  he  will  receive, 

or  have  control  or  be  chargeable  with  money,  property,  or  other  things  of 
said  bank,  and  others:  Now  the  condition  of  this  obligation  is  such,  that 
if  the  said  A.  B.,  his  executors  or  administrators,  shall  well  and  truly  serve 
the  said  bank  as  such  officer  during  his  continuance  in  office,  within  the 
term  for  which  he  has  been  chosen  [or,  so  long  as  he  shall  continue  and  be 
continued  in  said  office]  and  well  and  truly  perform  and  discharge  all  his 
duties  as  such  officer,  and  shall  at  the  expiration  of  his  said  office,  or 
whenever  sooner  thereto  required,  upon  request  to  him  or  them  made,  shall 
make  or  give  unto  the  said  bank,  or  their  agent,  or  attorney,  a  just  and  true 
account  of  all  moneys,  property,  and  other  things,  as  shall  have  come  into 
his  possession,  control,  or  charge,  as  such  officer,  and  shall  pay  and  deliver 

(*)  The  bond  of  an  officer  of  ii  volun-  If  his  sureties  are  to  be  answerable  for 
tary  association  will  usually  be  for  his  in-  the  latter  as  well  as  the  former,  insert  the 
tegrity,  but  not  for  his  skill  an '  diligence,    words,  "  well  and  truly." 


BOKDS.  205 

Indemnity. 

over  to  his  successor  in  office,  or  any  other  person  duly  authorized  to  re- 
ceive the  same,  all  such  balances  or  sums  of  money,  property,  and  other 
things,  which  shall  appear  to  be  in  his  hands,  or  chargeable  to  him,  and 
due  or  deliverable  by  him  to  the  said  bank,  then  this  obligation  to  be  void ; 
otherwise,  to  remain  in  full  force.  [Signatures  and  seals.] 

TV.  Bonds  of  Indemnity. 

An  obligation  of  indemnity  against  a  demand  includes,  as  incidental  thereto, 
indemnity  against  damages  and  costs  sustained  in  consequence  of  the  demand,(A;) 
but  an  obligation  of  indemnity  against  costs,  charges,  and  expenses  does  not 
extend  to  damages.(Z)  An  obligation  to  indemnify  against  the  claims  and  de- 
mands of  all  persons  does  not  extend  to  tortious  acts.(m) 

An  obligation  to  indemnify  against  "  charge  or  liability"  is  broken  by  the 
existence  of  a  liability,  even  without  payment.(7i)  But  an  obligation  to  in- 
demnify against  a  "claim,"  or  a  "demand,"  or  "damage,"  or  "molestation," 
or  "loss,"  or  "  expenses,"  or  "  costs,"  is  not  broken  without  actual  loss  or  ex- 
pense.(o) 

An  obligation  to  indemnify  one  against  expenses  "  which  he  may  incur,"  is 
not  broken  by  mere  liability,  but  payment  must  be  shown  ;(p)  but  a  promise 
to  indemnify  him  against  damages,  costs,  and  charges,  "  to  be  imposed  on 
or  demandable  from  him,"  extends  to  a  legal  liability .(g) 

431.  Bond  With  Surety  to  Indemnify  the  Sheriff  on  Levying  An  Execution. 

Know  all  men  by  these  presents,  that  wo,  A.  B.,  of  the  town  of  , 

in  the  county  of  ,  and  State  of  ,  farmer,  and  0.  D.,  of  the  same 

place,  merchant,  are  held  and  firmly  bound  unto  Y.  Z.,  sheriff  of  the  county 
of  ,  in  the  sum  of  dollars  [inserting  the  penal  sum\  good  and 

lawful  money  of  the  United  States,  to  be  paid  to  the  said  Y.  Z.,  his  exec- 
utors, administrators,  or  assigns,  for  which  payment  well  and  truly  to  be 
made  we  do  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly 
and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals;  dated  this        day  of  ,  18     .  * 

Wheekas  the  above-bounden  A.  B.  did  obtain  judgment  in  the  court  oi 
against  M.  N.  for  the  sum  of  dollars,  whereupon  execution  has 

been  issued,  directed  and  delivered  to  the  said  Y.  Z.,  sheriff  of  County, 
requiring  him  that  of  the  goods  and  chattels  of  the  said  M.  K  he  should 
cause  to  be  made  the  sum  aforesaid.  And  whereas  certain  goods  and  chat- 
tels that  appear  to  belong  to  the  said  M.  N.  are  claimed  by  O.  P. :  Now 
THE  CONDITION  of  the  above  obligation  is  such,  that  if  the  above-bounden 
A.  B.  shall  well  and  truly  save  harmless,  and  indemnify  the  said  Y.  Z., 
and  any  and  all  persons  aiding  and  assisting  him  in  the  premises,  from  all 

(k)  Mott  T.  Hicks,  1  Cow.,  513.  Gee  v.  Eoen,  4  Aihotts'  Pr.,  8  ;  Gilbert  v. 

(I)  Scott  I'.  Tyler,  li  £arb.,  202.  Wyman,   1  JV.  Y.  (1  Comst.),  550;  Aber- 

(m)  Luildingtont;.Piilver,6  W'«w(i.,404.  deeii  v.  Blackmar,  %  Hill.,  324;  Campbell 

(»)  Scott  ».  Tyler,  U  Marb.,  202;   Mc-  ■».  Jones,  4  Wend.,  d06\  Churchill  v.  Rant, 

Gee  V.  Eoen,  4  Abbotts''  Pr.,  8  ;  Churchill  3  Den.,  321. 

V.  Hunt,  3  Den.,  321.  {p)  Scott  v.  Tyler,  14  Barb.,  202. 

*  (o)  Scott  V.  Tyler,  14  Barb.,  202;  Mc-  (j)  Westervelt  ».  Smith,  2i>t*«r,  449. 


206  ABBOTTS'  FORMS. 


Bonds  of  Indemnity. 


harm,  trouble,  damage,  costs,  suits,  actions,  judgments  and  executions  that 
sliall  or  may  at  any  time  arise,  come  or  be  brought  against  him,  tliom  or 
any  of  them,  as  well  for  the  levying  and  making  sale  under  and  by  virtue 
of  such  execution,  of  all  or  any  goods  and  chattels  which  he  or  tliey  shall 
or  may  judge  to  belong  to  the  said  M.  N.,  as  well  as  in  entering  any  shop, 
store,  building  or  other  premises,  for  the  taking  of  any  such  goods  and 
chattels,  then  this  obligation  is  to  be  void ;  otherwise,  to  remain  in  tull 
force. 

Sealed  and  delivered )  A.  B.  [Seal.] 

in  presence  of      )  0.  D.  [Seal.] 

[  Witnesses  signature.] 

432.  Bond  With  Surety,  to  Indemnify  MaTcer  of  Kote  or  Acceptor  of  Bill 

for  Accommodation,  from  Loss  TTierely. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  of  the  town  of  , 

in  the  county  of  ,  and  State  of  ,  farmer,  and  0.  D.,  of,  etc.,  are 

held  and  firmly  bound  unto  Y.  Z.,  of  the  town  of  ,  in  the  county  of 

,  and  State  of  ,  merchant,  in  the  sum  of  dollars,  good 

and  lawful  money  of  the  United  States,  to  be  paid  to  the  said  Y.  Z.,  his  ex- 
ecutors, administrators  or  assigns;  for  which  payment,  well  and  truly  to  be 
made,  we  do  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly 
andi  severally,  firmly  by  these  presents. 

Sealed  with  our  seals;  dated  this        day  of  ,  18    .  * 

Whereas  the  said  Y.  Z.  has,  without  consideration  to  him  moving  there- 
for, and  solely  for  the  accommodation  of  the  above-bounden  A.  B.,  made 
and  advanced  to  said  A.  B.  his  promissory  note  [or,  accepted  a  bill  of  ex- 
change drawn  by  upon  him]  for  dollars,  bearing  date  the  day 
of  ,  18  ,  and  payable  to  [with  interest],  days  after  the  date 
thereof:  Now  the  condition  of  this  obligation  is  such,  that  if  the  said  above- 
bounden  A.  B.  and  0.  D.,  their  executors  or  administrators,  or  any  of  them, 
shall  well  and  truly  pay  the  said  sum  of  dollars,  for  the  payment  of 
which  the  said  note  [or,  bill]  is  so  given,  and  the  interest  thereof,  on  the  day 
of  payment  therein  mentioned,  and  in  full  discharge  thereof,  and  indemnify 
and  save  harmless  the  said  Y.  Z.,  his  executors  and  administrators,  from  and 
against  any  and  all  suits,  actions,  damages,  costs,  charges,  and  expenses,  by 
reason  of  said  note  [or,  bill],  then  this  obligation  is  to  be  void  ;  otherwise, 
to  remain  in  full  force.  A.  B.  [Seal.] 

0.  D.  [Seal] 

433.  Bond  to  Indemnify  Partners  Having  Indorsed  for  Accommodation, 

Against  Lialility  Thereby. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  of  the  town  of  , 

in  the  county  of  ,  and  State  of  ,  and  0.  D.,  of  the  same  place, 

merchants,  are  held  and  firmly  bound  unto  W.  X.  and  Y.  Z.,  of  the  town  of 

,  in  the  county  of  ,  and  State  of  ,  merchants,  doing  busi- 


BONDS.  207 

Indemnity. 

ness  under  the  name  of  Y.  Z.  &  Co.,  in  the  sura  of  dollars,  good  and 

lawful  money  of  the  United  States,  to  be  paid  to  the  said  W.  X.  and  Y.  Z., 
or  their  survivors,  executors,  administrators  or  assigns,  for  which  payment, 
well  and  truly  to  be  made,  we  do  bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally,  firmly  by  these  presents. 
Sealed  with  our  seals;  dated  this        day  of  ,  18    .  * 

Whereas  the  said  Y.  Z.  &  Co.  have,  without  consideration  to  them  mov- 
ing therefor,  and  solely  for  the  accommodation  of  the  above-bounden  A.  B., 
indorsed  a  promissory  note  made  by  [or,  a  bill  of  exchange  drawn  by 

upon  ],  for  dollars,  bearing  date  the  day  of  , 

18  .  ,  and  payable  to  [with  interest],         days  after  the  date  thereof. 

Now  THE  CONDITION  of  the  above  obligation  is  such,  that  if  the  above- 
bounden  A.  B.  and  0.  D.,  their  heirs,  executors  and  administrators,  or 
any  of  them,  shall  well  and  truly  pay,  or  cause  to  be  paid,  the  said  sum  of 
dollars,  for  the  payment  of  which  the  said  note  [or,  bill]  is  so  given, 
and  the  interest  thereof,  according  to  the  tenor  thereof,  and  in  full  discharge 
thereof,  and  indemnify  and  save  harmless  the  said  W.  X.  and  Y.  Z.,  their 
executors  and  administrators,  and  each  of  them,(r)  from  and  against  any 
and  all  liability(s)  by  reason  of  said  note  [or,  bill],  as  well  as  against  any 
and  all  suits,  actions,  damages,  costs,  charges  and  expenses  by  reason 
thereof,  then  this  obligation  is  to  be  void;  otherwise,  to  remain  in  full 
force.  A.  B.  [Seal.] 

0.  D.  [Seal] 

434.  Bond  ly  a  Person  Carrying  on  Business  in  the  Name  of  Another,  to 
Indemnify  the  Latter  from  Loss  or  Damage. 

[The  penal  clause  may  he  as  in  the  preceding  form,  432  or  433  to  the  *, 
thence  continuing  thu^ :] 

Whereas  the  above-named  Y.  Z.  has,  at  the  request  of  the  above-bounden 
A.  B.,  consented  that  during  the  term  of  years  from  the  date  hereof, 

the  said  A.  B.  may  use  the  name  of  the  said  Y.  Z.  in  carrying  on  the  busi- 
ness of  at  .  which  he  does  and  is  to  do  for  his  own  account  and 
profit,  and  not  for  the  account  or  profit  of  the  said  Y.  Z.,  but  only  to  pre- 
serve the  said  business  to  himself,  the  said  Y.  Z.  having  left  the  same ;  pro- 
vided, however,  that  the  said  Y.  Z.  may  be  indemnified  against  all  damage 
by  reason  of  so  carrying  on  the  said  business,  or  his  using  his  name  therein : 
Now  THE  CONDITION  of  this  obligation  is  such,  that  if  the  said  A.  B.,  his 
heirs,  executors  and  administrators,  or  any  of  them,  shall  well  and  truly 
indemnify  and  save  harmless  the  said  Y.  Z.,  his  executors  and  administra- 
tors, from  all  manner  of  suits,  actions,  damages,  charges  and  expenses 
which  he  or  they  may  sustain  or  be  put  to  by  reason  of  the  said  A.  B.'s  so 

(r)  An  agreement  to  indemnify  partners  («)  This  will  render  the  obligors  liable 

against  suits  against  them  extends  to  suits  upon  tlie  bond  in  case  the  obligees  become 

against  one  of  them,  in  a  place  where  by  duly  charged  as  indorsers  or  acceptors  of 

law  it  is  not  necessary  that  a  suit  be  against  the  accommodation  paper, 
ftll  the  partners  of  a  firm  liable.    Hill «. 
Packard,  5  Wend.,  875. 


208  ABBOTTS'  FORMS. 


Bonds  of  Indemnity. 


using  the  name  of  the  said  Y.  Z.  as  aforesaid,  or  by  reason  of  any  thing  re- 
lating thereto,  then  the  above  obligation  is  to  be  void  ;  otherwise,  to  remain 
in  full  force.  A.  B.  [Seal.] 

0.  D.  [Seal] 

435.  Bond  to  Indemnify  Tenant  on  Paying  Bent,  When  Title  is  in  Dispute. 

[The  penal  dame  may  be  as  in  Form  432  or  433  to  the  *,  continuing  thus :] 
WnEHEAS  the  above-named  A.  B.  claims  from  the  said  Y.  Z.  rent  of  cer- 
tain premises  in  [briefly  dengnating  them] — to  wit,  dollars,  due 
on  the  day  of  ,18  [and  quarterly  thereafter] ;  and  one  M.  N. 
also  claims  some  title  to  said  premises,  and  to  be  of  right  entitled  to  said 
rents,  or  some  part  thereof:  Now  the  condition  of  the  above  obligation  is 
such,  that  if  the  above-bounden  A.  B.  and  C.  D.,  their  heirs,  executors  and 
administrators,  or  any  of  them,  shall  well  and  truly,  at  all  times,  indemnify 
and  save  harmless  the  said  Y.  Z.,  his  heirs,  executors  and  administrators, 
from  and  against  any  and  all  actions,  suits,  damages,  costs  and  expenses  for 
or  by  reason  thereof,  then  this  obligation  is  to  be  void  ;  otherwise,  to  re- 
main in  full  force.                                                                     A.  B.  [Seal.] 

CD.   [Seal] 

436.  The  Sam^,  Another  Form ;  Requiring  Recovery  Against  the  I'enant. 

[The  penal  clause  may  be  as  in  Form  432  or  433  to  the  *,  thence  continu- 
ing thus :] 

Whereas  an  action  is  now  pending  between  the  above-bounden  A.  B.  and 
others  touching  the  right,  title,  and  interest  to  and  in  the  [designating 
premises]  now  occupied  by  ,  situate,  etc. ;  and  whereas  the  said  Y.  Z. 

has  agreed  to  pay  the  rent  of  the  said  [house]  to  the  said  A.  B. — to  wit,  the 
sum  of  ,  yearly,  as  the  same  shall  grow  due :  Now  the  condition  of 

the  above  obligation  is  such,  that  if  the  above-bounden  A.  B.  and  0.  D.,  their 
heirs,  executors  and  administrators,  or  any  of  them,  shall  well  and  truly 
pay,  or  cause  to  be  paid,  unto  the  said  Y.  Z.,  his  executors,  administrators 
or  assigns,  all  such  rent,  sum  and  sums  of  money,  charges  and  damages 
whatsoever,  as  shall  by  due  proceedings  in  law  be  adjudged  or  decreed 
against  him  the  said(i)  Y.  Z.,  his  heirs,  executors,  administrators  or  assigns, 
and  all  other  costs  and  damages  whatsoever  which  he  or  they  shall  incur(M) 
by  reason  of  any  action,  suit  or  forfeiture  whatsoever  which  shall  or  may 
happen  to  the  said  Y.  Z.,  his  heirs,  executors,  administrators  or  assigns,  by 
reason  of  paying  the  said  rent,  or  any  part  tliereof,  to  the  said  A.  B.,  his 
heirs,  executors,  administrators  or  assigns,  then  this  obligation  is  to  be 
void;  otherwise,  to  remain  in  full  force.  [Signatures  and  seals.] 

{t)  A  promise  to  indemnify  against  (w)  This  will  not  extend  to  costs  and 
what  one  may  be  obliged  to  pay  after  due  damages  to  wliich  the  obligee  may  become 
proceedings  at  law  had  against  him,  and  liable,  but  shall  not  have  paid.  Under  an 
adjudged,  includes  prma/a««  a  judgment  indemnity  against  "  incurring"  costs,  pay- 
suffered  by  default,  if  done  without  collu-  ment  must  be  shown.  Scott  v.  Tyler,  14 
sion.  Given  v.  Driggs,  1  Cai.,  450 :  Stone  Barb.,  202. 
V.  Hooker,  9  Cow.,  154. 


BONDS.  209 

Indemnity. 


437.  Bond  to  Indemnify  Against  Claim  of  Doxcer. 

[The  penal  clause  may  he  as  in  Form  432  to  the  *,  thence  continuing  thus ;] 
Whereas  the  above-bounden  A.  B.,  by  indenture,  under  his  hand  and 
seal,  bearing  date  the        day  of  ,  18    ,  has  granted,  bargained  and 

sold  unto  the  above-named  Y.  Z.  [here  briefly  designate  the  premises],  with 
the  appurtenances,  to  hold  the  same  to  him,  his  heirs  and  assigns,  forever, 
as  by  the  said  indenture  will  more  fully  appear:  Now  the  condition  of 
the  above  obligation  is  such,  that  if  the  above-bounden  A.  B.  and  0.  D., 
their  heirs,  executors  and  administrators,  or  any  of  them,  shall  well  and 
truly  indemnify  and  save  harmless  the  said  Y.  Z.,  his  heirs,  executors,  ad- 
ministrators and  assigns,  from  and  against  any  and  all  dower  or  thirds 
which  M.  N.,  widow  of  N.  N.,  shall  or  may  claim  in  said  premises  or  any 
part  thereof,  and  from  all  actions  and  suits,  whether  groundless  or  other- 
wise, («)  and  all  damages,  costs  and  expenses  by  reason  thereof,  then  this 
obligation  is  to  be  void ;  otherwise,  to  remain  in  full  force. 

"      A.  B.  [Seal] 
0.  D.  [Seal] 

438.  Bond  to  Indemnify  On  Paying  a  Lost  Note  or  Bill. 

[If  with,  surety^  the  penal  clause  will  ie  as  in  Form  432;  if  without,  as 
in  Form  402  to  the  *,  and  thence  continue  thus :] 

Whereas  a  promissory  note  for  dollars  made  by  ,  or  a  bill 

of  exchange  drawn  by  ,  upon  ,  bearing  date  at  ,  the 

day  of         ,  and  payable  months  after  the  date,  to  the  order  of  , 

at  [and  indorsed  by  ],  and  which  is  now  the  property  of  the 

above-bounden  A.  B.,  has  been  lost  [or,  destroyed],  and  cannot  now  be 
produced  by  him  ;  and  whereas  at  his  request,  and  upon  his  promise  to 
indemnify  and  save  harmless  the  said  Y.  Z.  in  the  premises,  and  to  deliver 
up  the  said  note,  when  found,  to  the  said  Y.  Z.,  to  be  cancelled,  the  said 
Y.  Z.  has  this  day  paid  unto  the  said  A.  B.  the  sum  of  dollars,  the 

receipt  whereof  the  said  A.  B.  doth  hereby  acknowledge,  in  full  satisfaction 
and  discharge  of  the  said  note :  Now  the  condition  of  the  above  obliga- 
tion is  such,  that  if  the  above-bounden  A.  B.  and  0.  D.,  their  heirs,  execu- 
tors and  administrators,  or  any  of  them,  shall  well  and  truly  indemnify 
and  save  harmless  the  said  Y.  Z.,  his  executors  and  administrators,  from 
and  against  the  said  note  [or,  bill],  any  and  all  damages,  costs,  charges  and 
expenses  [and  aU  actions  or  suits,  whether  groundless  or  otherwise(w)],  by 
reason  of  said  note  [or,  bill],  and  also  deliver  or  cause  to  be  delivered  up 
the  same,  when  and  so  soon  as  the  same  shall  be  found,  to  be  cancelled, 
then  this  obligation  is  to  be  void ;  otherwise,  to  remain  in  full  force. 

A.  B.  [Seal] 
O.  D.  [Seal] 

(v)  As  to  the  necessity  of  these  words,     340  ;  Luddington  v.  Pulver,  6  Wend.,  404. 
compare  Newburgh  v.  Galatian,  4  Cow.,        (w>Thesewords  are  often  not.  inserted. 
14 


210  ABBOTTS'  FOEMS. 


Bonds  of  Indemnity. 


489.  Bond  to  Indemnify  On  Paying  a  Lost  Bond. 

[Tf  with  surety,  the  penal  clause  will  he  as  in  Form  482 ;  if  without,  as 
in  Form  402  to  the  *,  and  thence  continue  thus :] 

Whekeas  the  above-named  Y.  Z.,  by  his  bond  or  obligation  under  seal, 
bearing  date  on  or  about  the        day  of  >  18    ,  became  bound  to  the 

above-bounden  A.  B.,  in  the  penal  sum  of  dollars,  conditioned  for  the 

payment  of  the  sum  of  dollars,  unto  the  said  A.  B.,  his  executors, 

administrators  or  assigns,  on  the        day  of  ,  18     [stating  it  accord- 

ing to  the  condition  of  the  lost  iond],  as  by  the  said  bond,  when  produced, 
will  more  fully  appear ;  and  whereas  the  said  bond  is  alleged  to  be  lost,  so 
that  the  same  cannot  be  found ;  and  whereas  the  said  ,  at  the  request 

of  the  said  0.  D.,  and  on  his  promise  of  indemnity,  has  made  him  full 
satisfaction  of  and  for  the  said  bond :  Now  the  condition  of  this  obliga- 
tion is  such,  that  if  the  above-bounden  A.  B.,  his  heirs,  executors  or 
administrators,  or  any  of  them,  shall,  in  case  the  said  bond  or  obligation  be 
found,  or  come  to  tlie  hands  or  power  of  the  said  A.  B.,  his  heirs,  executors 
or  administrators,  or  any  of  them,  or  to  the  hands,  custody,  or  power  of  any 
other  person,  deliver  or  cause  the  same  to  be  delivered  unto  the  said  Y.  Z., 
his  executors  or  administrators,  in  order  to  be  cancelled,  and  also  shall  and 
at  all  times  indemnify  and  save  harmless  the  said  Y.  Z.,  his  heirs,  executors 
and  administrators,  from  and  against  any  and  all  suits,  actions,  damages, 
costs,  charges  and  expenses  by  reason  of  said  bond,  or  any  of  the  money 
so  paid,  then  this  obligation  is  to  be  void;  otherwise,  to  remain  in  fall 
force.  A.  B.  [Seal] 

C.  D.  [Seal.] 

440.  Bond  to  Indemnify  a  Surety  in  a  Bond  for  Payment  of  Money. 

[If  with  surety,  the  penal  clause  will  be  as  in  Form  432;  if  without,  as 
in  Form  402  to  the  *,  and  thence  continue  thus :] 

Whereas  the  above-named  Y.  Z.,  at  the  special  instance  and  request  of 
the  above-bounden  A.  B.,  and  for  his  debt,  together  with  and  as  well  as  he, 
the  said  A.  B.,  is  held  and  firmly  bound  unto  a  certain  M.  N.,  of  , 

in  and  by  an  obligation  bearing  even  date  herewith,  in  the  penalty  of 
dollars,  lawful  money,  as  aforesaid,  conditioned  for  the  true  payment  of 
[here  recite  the  condition  of  the  previous  bond] :  Now  the  condition  of 
the  above  obligation  is  such,  that  if  the  above-bounden  A.  B.  and  his 
heirs,  executors  and  administrators,  or  any  of  them,  shall  well  and  truly 
pay,  or  cause  to  be  paid,  unto  the  said  M.  N.,  his  executors,  administra- 
tors, or  assigns,  the  said  sum  of  dollars,  with  interest  thereon  at 
the  rate  of  per  cent,  per  annum,  as  aforesaid,  on  the  day  of  , 
[or,  if  the  bond  is  made  payable  at  several  times,  say,  at  the  several  times 
limited  in  the  said  recited  condition],  according  to  the  true  intent  and 
meaning  of  said  condition,  and  in  full  discharge  and  satisfaction  of  said 
obligation,  and  shall  indemnify  and  save  harmless  the  said  Y.  Z.,  his  heirs, 
executors  and  administrators,  from  and  against  any  and  all  suits,  actions, 


BONDS.  211 

Indemnity. 

damages,  costs,  charges,  and  expenses,  by  reason  of  said  recited  obligation, 
then  this  obligation  is  to  be  void ;  otherwise,  to  remain  in  full  force. 

^  A.  B.  \Seal.] 

C.  D.  [Seal] 

441.  7'he  Same;  To  a  Surety  in  a  Bond  for  Performance  of  Cotenants. 

[If  with  surety,  the  penal  clause  will  he  as  in  Form  432;  if  without,  as 
in  Form  402  to  the  *,  and  thence  continue  thus :] 

Whereas  the  above-named  Y.  Z.,  at  the  special  instance  and  request  of 
the  above  bounden  A.  B.,  and  for  his  debt,  together  with  and  as  well  as  he, 
the  said  A.  B.,  is  held  and  firmly  bound  unto  a  certain  M.  N.,  of  , 

in  and  by  an  obligation  bearing  even  date  herewith,  in  the  penalty  of 
dollars,  lawful  money,  as  aforesaid,  conditioned  for  [here  recite  the  condition 
of  the  previous  bond] :  Now  the  coiOiiTioN  of  the  above  obligation  is  such, 
that  if  the  above-bounden  A.  B.  and  his  heirs,  executors  and  adminis- 
trators, or  any  of  tbem,  shall  well  and  truly  perform  the  condition  of 
the  said  recited  bond,  according  to  the  true  intent  and  meaning  thereof, 
and  shall  indemnify  and  save  harmless  the  said  Y.  Z.,  his  heirs,  executors 
^d  administrators,  from  and  against  any  and  all  actions,  suits,  damages, 
costs,  charges  and  expenses,  by  reason  of  said  recited  obligation,  then  this 
obligation  is  to  be  void ;  otherwise,  to  remain  in  full  force. 

A.  B.  fSeal] 
C.  D.  [Seal] 

442.  Bond  to  Indemnify  a  Receiptor  to  the  Sheriff.{x) 

[Penal  clause  as  in  preceding  forms.] 

Whebeas,  M.  N.,  sheriff  of  the  county  of  ,  has  levied  on  [here 

designate  the  goods],  property  of  the  above-bounden  A.  B.,  by  virtue  of  an 
attachment  [or,  execution]  against  said  A.  B.,  issued  out  of  the  court, 

and  has  delivered  the  same  to  the  said  A.  B.,  upon  the  said  Y.  Z.  giving, 
at  the  request  of  said  A.  B.,  a  receipt  or  obligation  dated  the  day  of 

,  and  conditioned  [reciting  the  condition] :  Now  the  ooxditiox  of 
the  above  obligation  is  such,  that  if  the  above-bounden  A.  B.  and  C.  D., 
their  heirs,  executors  and  administrators,  or  any  of  them,  shall  well  and 
truly  indemnify  and  save  harmless  the  said  Y.  Z.,  his  heirs,  executors  and 
administrators,  from  the  giving  of  said  receipt  or  obligation  to  said  sheriff, 
then  this  obligation  is  to  be  void ;  otherwise,  to  remain  in  full  force. 

A.  B.  [Seal] 
0.  D.  [Seal] 

V.  Official  Bonds. 

The  conditions  of  oflBcial  bonds  are  usually  prescribed  by  the  law  which 
exacts  them,  and  the  form  should  follow  the  statute.  For  tliat  reason  but  one 
full  form  is  given  here.  The  penal  clause  of  an  oflBcial  bond  may  be  drawn,  in 
all  cases,  similarly  to  that  given  below,  unless  the  statute  otherwise  directs. 

(x)  This  form  is  sustained  by  Otis  v.  ceiptor's  property  in  a  suit  against  him  as 
Bhdve,  (j  Mass.,  336.     A  levy  on  tlie  re-    such,  is  a  breach  of  the  bond. 


212  ABBOTTS'  FORMS. 


Bonds  of  Officers. 


443.   General  Term. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  of  the  town  of  , 

in  the  county  of  ,  and  State  of  ,  and  C.  D.,  of  the  same  place, 

merchant,  and  E.  F.,  of  the  city  of  ,  and  county  of  ,  farmer,  are 

held  and  firmly  bound  unto  the  People  of  the  State  of  {or,  the  Com- 

monwealth of  ,  or  designating  officers  prescribed  hy  law\  in  the 

sum  of  dollars  [inserting  the  penal  swto],  good  and  lawful  money  ot 

the  United  States,  to  be  paid  to  the  said  People  of  the  State  of  [or, 

Commonwealth  of  ,  or,  said,  designating  officers,  and  their  successors], 

for  which  payment,  well  and  truly  to  be  made,  we  do  bind  ourselves,  our 
heirs,  executors  and  administrators,  jointly  and  severally,  firmly  by  these 
presents. 

Sealed  with  our  seals ;  dated  this        day  of  ,18    . 

Wheeeas  the  above  bounden  A.  B.  has  been  appointed  [or,  elected  to  the 
oflSce  of  [giving  the  title  of  the  office  at  full  length].     Now  the  condi- 

tion of  the  above  obligation  is  such,  that  if  the  said  A.  B.  shall  [following 
the  language  of  the  statute  which  prescribes  the  form  of  the  condition],  then 
the  above  obligation  is  to  be  void ;  otherwise,  to  remain  in  full  force. 

Signed  and  sealed  in  j  A.  B.  [Seal.] 

presence  of        >  C.  D.  [Seal.] 

M.  K  )  E.  F.  [Seal] 

444.  Bond  of  Sheriff.{y) 

Know  all  men  by  these  presents,  that  we,  A.  B.,  of  the  town  of  , 

in  the  county  of  ,  and  State  of  New  York,  lately  elected  [or,  appointed] 
sheriflTof  the  said  county,  and  A.  B.,  of  ,  in  the  county  of  , 

merchant,  and  C.  D.,  of,  etc.,  are  held  and  firmly  bound  unto  the  People  of 
the  State  of  New  York,  in  the  penal  sum  often  thousand  dollars  [or,  in  the 
city  and  county  of  New  Tori;  twenty  thousand  dollars],  good  and  lawful 
money  of  the  United  States,  to  be  paid  to  the  said  People,  for  which  pay- 
ment, well  and  truly  to  be  made,  we  do  bind  ourselves,  our  heirs,  executors, 
and  administrators,  jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals ;  dated  this        day  of  ,18    . 

Whebeas,  the  above-bounden  A.  B.  hath  been  elected  to  the  oflSce  of 
sheriff  of  ,  at  the  general  election  [or,  at  a  special  election],  held 

therein,  on  the         day  of  :  Now,  thkeefoke,  the  condition  of  the 

above  obligation  is  such,  that  if  the  said  A.  B.  shall  well  and  faithfuUy,  in 
all  things,  perform  the  duties  and  execute  the  oflSce  of  sheriff  of  the  said 
county  of  during  his  continuance  in  the  said  oflSce,  by  virtue  of  the 

said  election,(2)  without  fraud,  deceit  or  oppression,  then  the  above  obliga- 
tion to  be  void  ;  else,  to  remain  in  full  force.  A.  B.  [Seal^ 

In  the  presence  of  C.  D.  [Seal] 

[Signature  of  Witness.]  E.  F.  [Seal.] 

(y)  This  is  according  to  the  law  of  New    fully  discharge  the  duties  of  his  office,  but 

York.  specifying  no  time,  is  to  be  intended  for 

{z)  A  bond  that  an  officer  shall  faith-    his  then  existing  term  of  office,  and  does 


BOUNTY  LANDS.  213 


In  what  Cases  Granted. 


445.  Affidavit  of  the  Sufficiency  of  Sureties,  to  be  Indorsed  On  the  Foregoing 

Bond. 
COUKTY  OF  ,  ss. 

C.  D.  and  E.  F.  [or,  0.  D.,  one  of]  the  sureties  named  in  the  within  bond, 
being  duly  [severally]  sworn,  says  [each  for  himself],  that  he  is  a  free- 
holder within  the  State  of  New  York,  and  worth  the  sum  of  thousand 
dollars,  over  and  above  all  debts  whatsoever  owing  by  him. 
Subscribed  in  my  presence  j                                [Signatures  of  Sureties.] 
and  sworn  before    me,  > 
this     day  of            ,  18  .) 

M.  N.,  Clerk  of  the  County  of 

446.   Cleric's  Certificate  of  Approval  of  Sureties. 

I,  M.  N.,  clerk  of  the  county  of  ,  do  hereby  certify,  that  I  have 

examined  the  competency  and  do  approve  of  the  sureties,  C.  D.  and  E.  F., 
in  the  within  bond.  [Signature.} 

[Date.] 


CHAPTER  XYIII. 

BOUNTY  LANDS. 


Under  the  acts  of  Congress  granting  Bounty  Lands,(a)  each  of  the  follow- 
ing persons  is  entitled  to  bounty  land  to  the  amount  of  160  acres  (including 
what  he  may  have  previously  received),  provided  he  served  a  period  not  lesa 
than  14  days. 

Commissioned  and  non-commissioned  officers,  musicians,  and  privates, 
whether  of  the  regulars,  volimteers,  rangers,  or  militia,  who  were  regularly 
mustered  into  the  service  of  the  United  States  in  any  of  the  wars  in  which 
this  country  was  engaged  between  the  year  1790  and  March  8,  1855. 

Commissioned  and  non-commissioned  officers,  seamen,  ordinary  seamen, 
flotilla  men,  marines,  clerks,  and  landsmen  in  the  navy  in  any  of  said  wars. 

Militia,  volunteers,  and  State  troops  of  any  State  or  Territory  called  into  mil- 
itary service,  and  regularly  mustered  therein,  and  whose  services  have  been 
paid  by  the  United  States. 

Wagon-masters  and  teamsters  who  have  been  employed,  under  the  direction 
of  competent  authority,  in  time  of  war,  in  the  transportation 'of  militaiy  stores 
and  supplies. 

Officers  and  soldiers  of  the  Revolutionary  War,  and  marines,  seamen,  and 
other  persons  in  the  naval  service  of  the  United  States  during  that  war. 

not  continue  for  another  term  to  which  People  «>.  Brush,  6  Wend.,  4:54:;  Bartlett^. 

he  is  subsequently  chosen.     Bigelow  v.  Governor,  2  Bibb.,  586, 

Bridge,  8  Mass.,  275.     Nor  does  it  con-  (a)  These  Acts  are:    Act  of  Feb.  11, 

tiuue  for  the  time  during  which  he  holds  1847,  9  Stat,  at  L.,  125  ;  Act  of  Sept.  28, 

over  until  another  is  chosen.     Mayor  t).  1850,  lb.,  520;  Act  of  March  22,  1852,  10 

Horn,  2  Earring.,  190.     But  it  does  ex-  lb.,?,;  Act  of  March  3, 1855, /id.,  701 ;  Act 

tend  to  duties  imposed  upon  the  officer  of  May  14, 1856, 11  lb.,  8  ;  Act  of  June  3, 

by  law,  subsequent  t"' giving  the  bond.  1858,  iZ».,  308. 


214  ABBOTTS'  FOKMS. 

Bounty  Land  Claims. 


Chaplains  who  served  with  the  army  in  tlie  several  wars  of  this  country. 

Volunteers  who  served  with  the  armed  forces  of  tlie  United  States  in  any  of 
the  wars  mentioned,  subject  to  military  orders,  whether  regularly  mustered 
into  the  service  of  the  United  States  or  not. 

Each  of  the  following  is  entitled  to  the  same,  without  regard  to  the  length 
of  service,  provided  he  was  regularly  mustered  into  service  : 

OflBcers  and  soldiers  who  have  actually  been  in  battle  in  any  of  the  wars  in 
which  this  country  was  engaged  prior  to  March  S,  1855. 

Those  volunteers  who  served  at  the  invasion  of  Plattsburgh,  in  September,1814. 

The  volimteers  who  served  at  the  battle  of  Kings  Mountain,  in  the  Revolu- 
tionary War. 

The  volunteers  who  served  at  the  battle  of  Nickojack  against  the  confeder- 
ated savages  of  the  South. 

The  volunteers  who  served  at  the  attack  on  Lewiston,  in  Delaware,  by  the 
British  fleet,  in  the  war  of  1812. 

Where  the  service  has  been  rendered  by  a  substitute,  he  is  the  person  en- 
titled to  the  benefit  of  these  acts,  and  not  his  employer. 

In  the  event  of  the  death  of  any  person  who,  if  living,  would  be  entitled 
to  a  certificate  or  warrant  as  aforesaid,  leaving  a  widow,  or,  if  no  widow,  a 
minor  child  or  children,  such  widow,  or  cMldren,  is  entitled  to  the  same. 

A  subsequent  marriage  will  not  impair  the  right  of  any  such  widow,  if  she 
be  a  widow  at  the  time  of  her  application.  Persons  within  the  age  of  twenty- 
one  years  on  the  8d  day  of  March,  1855,  are  deemed  minors  within  the  mean- 
ing of  the  acts. 

To  obtain  the  benefits  of  these  acts,  the  claimant  must  make  a  declaration, 
under  oath,  substantially  according  to  the  forms  hereto  annexed. 

The  signature  of  the  applicant  must  be  attested,  and  his  or  her  personal 
identity  established,  by  the  affidavits  of  two  witnesses,  whose  residence  must 
be  given,  and  whose  credibility  must  be  sustained  by  the  certificate  of  the  ma- 
gistrate before  whom  the  application  is  verified. 

All  papers  necessary  to  be  verified  by  oath  must  be  sworn  to  before,  and  cer- 
tified and  authenticated  by,  proper  pujalic  officers  who  have  no  interest  in  the 
result  of  the  case,  and  are  not  concerned  in  its  prosecution  ;  and  every  such 
public  officer  must  set  forth  in  his  certificate  that  he  is  not  so  interested  or 
concerned. 

The  official  character  and  signature  of  the  magistrate  administering  the 
oath  (unless  he  is  a  notary,  whose  commission  or  a  certified  copy  thereof,  with 
proof  of  his  signature,  is  on  file  in  the  Pension  Office),  must  be  certified  by  the 
clerk  of  the  proper  court  of  record  of  his  countj',  under  the  seal  of  the  court. 
Whenever  the  certificate  of  the  officer  who  authenticates  the  signature  of  the 
ipagistrate  is  not  written  on  the  same  sheet  of  paper  which  contains  ^he  sig- 
nature to  Ije  authenticated,  the  certificate  must  be  attached  to  such  pap<jr  by  a 
piece  of  tsL\)e  or  ribbon,  the  ends  of  which  must  pass  under  the  otiicial  seal  so 
as  to  prevent  any  paper  from  being  improperly  attached  to  the  certificate. 

To  all  official  certificates  by  a  notary  public,  of  whose  appointment  general 
pro<jf  has  been  ffied,  as  above  suggested,  should  be  added  a  brief  reference  to 
such  proof  on  file,  so  as  to  insure  against  its  being  overlooked. 

All  applications  in  behalf  of  minors  must  be  made  in  their  names,  by  their 
guardian,  or  next  friend. 

AVliere  there  are  several  minors  entitled  to  the  same  gratuity,  one  may  make 
the  declaration.  In  addition  to  proof  ')f  service,  as  in  other  cases,  applications 
by  minors  must  be  supported  by  satisfactory  proof  of  ihei^  being  the  lawful 
children  of  the  soldier,  on  account  of  whose  services  their  claim  is  made ;  of 
his  death ;  of  there  being  no  widow  surviving  at  the  time  of  making  the  appli- 
cation ;  of  their  ages ;  and  that  they  are  the  only  surviving  children  of  the 
deceased  soldier  who  were  under  the  age  of  twenty-one  years  on  the  3d  day  of 
March,  1855.  General  reputation  among  those  acquainted  with  the  family, 
without  any  question  of  being  tke  lawful  children  of  the  deceased  soldier,  will 
be  received  as  evidence  of  their  being  such.  Proof  of  the  death  of  the  soldier 
must  be  made,  as  in  cases  of  applications  by  widows — see  note  (d)  below.    If 


BOUNTY  LANDS.  215 


How  Applied  for. 

there  is  any  public  record  of  the  births  of  the  children,  a  certificate  of  the 
same,  properly  authenticated,  must  be  furnished.  If  there  be  none  -such,  but 
a  private  or  family  record,  it  must  be  forwarded  to  the  Office  at  Washington 
for  inspectron,  with  proof  of  its  authenticity.  It  will  be  duly  returned  to  the 
liarties,  if  desired.  But  if  no  public  or  private  record  of  the  births  exist*  or 
can  be  procured,  that  fact  must  be  shoAvn  by  proper  affidavit,  and  then  other 
evidence  will  be  received.  \\'itnesses  to  prove  the  ages  must  state  particularly 
their  means  of  knowledge  concerning  the  date  of  birth,  and  how  they  now  fix 
the  date.  To  avoid  mistakes,  the  names  and  ages  of  all  the  surviving  children 
of  the  deceased  soldier  should  be  shown  by  proper  prooi,  so  that  the  officer  may 
determine  who  of  them  are  entitled  to  the  land.  Applications  made  by  Indians 
must  be  authenticated  according  to  the  regulations  to  be  prescribed  by  the 
Commissioners  of  Indian  Affairs. 

If  record  evidence  of  the  service,  on  account  of  which  a  claim  is  made,  exists, 
it  must  be  produced.  But  if  there  be  none,  parol  evidence  will  be  received 
instead.  In  such  cases,  the  positive  testimony  of  at  least  two  witnesses  who 
were  in  the  same  service,  or  in  a  situation  to  know  the  facts  about  which  they 
testily,  will  be  required  to  establish  the  service  alleged.  And  the  witnesses,  in 
their  affidavits,  must  state  particularly  the  facts  and  circumstances  of  the  ser- 
vice claimed,  and  their  means  of  knowledge  concerning  the  same. 

In  every  case  documentary  evidence  of  the  service  of  the  company  to  which 
the  applicant  claims  to  have  belonged,  will  be  reqtiired. 

In  no  case  will  parol  evidence  be  admitted  to  vary  or  discredit  the  length  of 
any  service  shown  by  the  rolls.  When  claim  is  made  for  any  allowance  on 
account  of  mileage  not  shown  by  the  rolls,  a  declaration  must  be  made  stating 
the  place  where  the  company  or  corps  in  which  service  is  alleged  was  organ- 
ized— where  it  was  mustered  into  the  service  of  the  United  States — the  distance 
between  those  two  places — and  by  whose  order  the  march  was  made.  Also, 
the  place  where  it  was  discharged  from  service,  and  the  distance  from  thence 
to  the  place  where  it  was  organized.  This  statement  must  be  supported  by 
testimony  of  witnesses,  or  other  proper  proof. 

In  all  claims  under  these  acts  reference  may  be  made  to  any  evidence  on  file 
in  the  office  at  Washington  ;  but  in  all  such  references,  care  must  be  taken  to 
give  a  particular  descrij^tion  of  the  case  in  which  such  evidence  is.  Agents 
must,  in  all  cases,  have  proper  authority  from  the  claimants  in  whose  behalf 
they  appear.  No  power  of  attorney  wUl  be  recognized  as  sufficient,  unless 
signed  in  the  presence  of  two  witnesses,  and  acknowledged  before  a  duly  quali- 
fied officer,  whose  authority  is  certified  under  seal. 

All  additional  evidence  should  be  distinctly  noted  as  such,  with  a  particular 
description  of  the  claim  to  which  it  relates. 

In  all  correspondence  with  the  Pension  Office,  in  reference  to  claims  for 
bounty  land,  parties  should  state  the  name  of  the  applicant,  the  number  of  the 
application,  and  the  act  under  which  it  was  made. 

PAQK 

447.  Application  for  bounty  land  by  one  who  has  never  applied  before 215 

448.  Oath  to  identity 216 

44y.  Magistrate's  certificate 216 

450.  Certificate  of  official  character  and  signature 217 

451.  Application  for  a  second  warrant 217 

452.  Application  by  the  widow  of  a  deceased  person  who  has  not  had  a  warrant.  217 

453.  Application  by  widow  for  a  second  warrant 218 

447.  Application  for  Bounty  Land  hy  One  Who  Has  Never  Applied  Before. 
State  OF  ,) 

County  of  .  j 

On  this        day  of  ,  a.  d.  one  thousand  eight  hundred  and  , 

personally  appeared  before  me,  a  justice  of  the  peace  [or  other  officer, 
authorized  to  administer  oaths  for  general  purposes],  within  and  for  the 


216  ABBOTTS'  FORMS. 


Application  for  Boanty  Lands. 


county  and  State  aforesaid,  A.  B,,  aged  years,  a  resident  of 

in  the  State  of  ,  who  being  duly  sworn  according  to  law,  declares 

that  *  he  is  the  identical  A.  B.  *  who  was  a  in  the  con^any  com- 

manded by  Captain  M.  K,  in  the  Raiment  of  [here  designate  the 

State,  or,  if  in  the  regular  army,  say,  United  States]  infantry  [or,  cavalry], 
commanded  by  O.  P.,  in  the  war  with  Great  Britain,  declared  by  the  United 
States,  on  the  18th  day  of  June,  1812  [or  designate  other  war  specified  in 
the  statute},  that  he  enlisted  [or,  volunteered,  or,  was  drafted]  at  ,  on 

or  about  the        day  of  ,  a.  d.  ,  for  the  term  of  ,  and  con- 

tinued in  actual  service  in  said  war  for  the  term  of  fourteen  days,  and  was 
honorably  discharged  at  ,  on  the  day  of  ,  a.  d.         .     [If 

discharged  by  reason  of  disability  incurred  in  the  service,  add,  by  reason  of 
a  wound  [here  designate  it  fully],  which  he  received  [or,  a  disease,  desig- 
nating it  fully,  which  he  contracted]  on  the  day  of  ,  18  ,  at 
,  in  the  State  of  ,  while  in  the  service  aforesaid,  and  in  the 
line  of  his  duty.]  t  (b)  He  makes  this  declaration  for  the  purpose  of  ob- 
taining the  bounty  land  to  which  he  may  be  entitled  under  the  act  approved 
March  3,  1855.  He  also  declares  that  he  has  not  received  a  warrant  for 
bounty  land  under  this  or  any  other  act  of  Congress,  nor  made  any  other 
application  therefor.  §                                      [Signature  of  the  claimant.] 

448.   Oath  to  Identity. (c) 

We,  Q.  R.  and  S.  T.,  residents  of  ,  in  the  State  of  ,  upon  our 

oaths,  declare  that  the  foregoing  declaration  was  signed  and  acknowledged 
by  A.  B.,  in  our  presence,  and  that  we  know  personally  [or,  we  believe, 
from  the  appearance  and  statements  of  the  applicant,  setting  forth  any 
further  grounds  of  belief  the  witnesses  may  have]  that  he  is  the  identical 
person  he  represents  himself  to  be.  [Signatures  of  witnesses.] 

449,  Magistrate's  Certificate.(c) 

The  foregoing  declaration  and  affidavit  were  sworn  to  and  subscribed  be- 
fore me  on  the  day  and  year  above  written ;  and  I  certify  that  I  know  the 

(J)  If  he  was  discharged  while  in  cap-  The  above  forms  are  the  proper  ones, 

tivity,  state  the  facts.  where  the  identity  of  the    applicant  is 

(c)  The  best  evidence  of  identity  is  the  within    the    personal  knowledge  of  tne 

affidavits  of  the  witnesses,  or  the  certifi-  magistrate. 

cates  of  the  magistrates  to  the  same,  as  a  The  certificate  can  be  varied  according  to 

matter  within  their  personal  knowledge,  the  circumstances,  as  there  indicated.  No 

Statements  of  belief  merely  will  not  be  certificate  will  be  deemed  sufficient  in  any 

sufficient.     If,  however,  the  witnesses  or  case,  unless  the  facts  are  certified  to  be 

magistra**    cannot    state   from    personal  within    the  personal   knowledge   of  the 

knowledge,  statements  of  belief,  with  the  magistrate  or  other  officer,  who  shall  sign 

grounds  of  such  belief,  will  be  received,  the  certificate,  or  the  names  and  places  of 

If  from  acquaintance,  the  particulars  of  residence  of  the  witnesses  by  whom  tlie 

the  acquaintance  should  be  stated,  so  that  facts  are  established  be  given,  and  their 

it  may  be  seen  how  far  they  warrant  the  affidavits,  properly  authenticated,  be  ap- 

belief  stated.    So  if  from  other  grounds,  pended  to  the  certificate. 


BOUNTY  LANDS.  2 17 


Application  for  Second  Warrant. 


affiants  to  be  credible  persons;  that  the  claimant  is  the  person  he  rej:re- 
sents  himself  to  be  [or,  that  I  believe,  from  the  appearance  and  statements 
of  the  claimant,  and  from  the  facts  that,  here  set  forth  the  grounds  of  lelief 
that  he  is  the  person  he  represents  himself  to  be],  and  that  I  have  no  in- 
terest, direct  or  indirect,  in  the  prosecution  of  this  claim. 

[Signature  of  magistrate.} 

450.  Certificate  of  Official  Character  and  Signature. 

State  of  ,  ]  ^^^ 

County  of         .  ) 

I,  0.  P.,  clerk  of  the  Court,  a  court  of  record  of  said  county,  do 

hereby  certify  that  M.  N.,  the  person  subscribing  the  foregoing  certificate 
and  affidavit,  and  before  whom  the  same  was  made,  was,  on  the         day  of 
,  18     ,  therein  mentioned,  a  notary  public  [or  other  officer]  in  and 
for  said  county,  duly  authorized  to  administer  oaths  and  affirmations  for 
general  purposes,  and  that  I  am  well  acquainted  with  the  handwriting  of 
the  said  M.  N.,  and  verily  believe  that  the  name  of  M.  N.,  subscribed  to  the 
said  certificate,  is  his  proper  and  genuine  signature. 
In  testimony  whereof,  I  have  hereunto  set 
[Seal         my  hand,  and  affixed  the  seal  of 

of  said  court,  this         day  of 

court.]        18    . 

O.  P.,  Clerk  of  Court. 

451.  Application  for  a  Second  Warrant. 

[As  in  Form  447,  to  the  t,  thence  continuing  thus :]  And  that  he  has 
heretofore  made  application  for  bounty  land  under  the  act  of  September  28, 
1850  [or  other  act,  as  the  case  may  he],  and  received  a  land-warrant.  No.  , 
for  acres. 

He  makes  this  declaration  for  the  purpose  of  obtaining  the  additional 
bounty  land  to  which  he  may  be  entitled  under  the  act  approved  the  3d  day 
of  March,  1855.  He  also  declares  that  he  has  never  applied  for  nor  re- 
ceived, under  this  or  any  other  act  of  Congress,  any  bounty  land-warrant 
except  the  one  above  mentioned.  [Signature  of  the  claimant.] 

[Add  affidavit  to  identity  and  attestation  hy  magistrate,  as  in  Forms 
448  and  449.] 

452.  Application  by  Widow  of  a  Deceased  Person  Who  Has  Not  Had  a 
Land  Warrant.{d) 

[As  in  Form  447.  inserting  in  lieu  of  the  words  between  the  *  *  thefolloW' 
ing :]  She  is  the  widow  of  C.  B.,  deceased  [and  in  lieu  of  the  words  between 

(d)  Applications  by  widows  must  be  marriage  of  the  claimant,  to  the  soldier  on 
supported  by  satisfactory  proof  of  the    account  of  whose   services   her  claim  is 


218  ABBOTTS'  FORMS. 


Widow's  Application  for  Bounty  Land. 


the  t  and  the  §  the  following :]  Slie  further  states  that  she  was  married  to 
the  said  in  ,  on  the        day  of  ,  a.  d.  ,  by  one  , 

a  ,  and  that  her  name  before  her  said  marriage  ^vas  ;  that  her 

said  husband  died  at  ,  on  the        day  of  ,  a.  d.  ,  and  that 

she  is  now  a  widow. 

She  makes  this  declaration  for  the  purpose  of  obtaining  the  bounty  land 
to  which  she  may  be  entitled  under  the  "  Act  approved  March  3,  1855." 

[Signature  o/ claimant.] 


453.  Application  by  Widow  for  A  Second  Warrant.(e) 

[As  in  Form  447,  inserting  in  lieu  of  the  words  between  the  *  *  the  follow- 
ing ;]  she  is  the  widow  of  0.  B.,  deceased  [and  in  lieu  of  the  words  between 
the  *  and  the  §  the  following  :]  She  further  states  that  she  was  married  to 
the  said  in  ,  on  the        day  of  ,  a.  d.  ,  by  one  , 

a  ,  and  that  her  name  before  her  said  marriage  was  ;  that  her 

said  husband  died  at  ,  on  the        day  of  ,  a.  d.  ,  and  that 

she  is  now  a  widow. 

She  further  declares  that  she  has  heretofore  made  application  for  bounty 
land  under  the  act  approved  September  28,  1850  [or  other  act,  as  the  case 
may  be],  and  obtained  a  land-warrant  for  acres,  No.         ,  which  she 

has  legally  disposed  of,  and  it  cannot  now  be  returned. 

She  makes  this  declaration  for  the  purpose  of  obtaining  the  bounty  land 
to  which  she  may  be  entitled  under  the  act  approved  March  3,  1855. 

[Signature  of  claimant.] 

made ;  of  his  death ;  and  that  the  claim-  married  was  never  called  in  question  by 
ant,  at  the  time  of  making  her  application,  their  acquaintances.  In  no  ease  will  the 
was  a  widow — i.  «,,  unmarried.  If  the  mere  statement  of  the  witnesses  that  the 
marriage  was  in  any  State  or  county  where  claimant  is  the  widow  of  the  deceased,  be 
any  public  records  of  marriages  are  kept,  taken  as  evidence  of  the  marriage;  but 
it  should  be  proved  by  a  duly  certified  the  witnesses  must  state  the  facts  and  cir- 
copy  of  the  record  ;  or,  if  there  is  no  such  cumstances  from  which  they  derive  their 
record,  by  the  testimony  of  credible  wit-  knowledge  or  opinion  that  she  is  the 
nesses  who  were  present  at  the  marriage  ;  widow  of  the  deceased, 
and  where  such  testimony  exists  and  is  Witnesses  to  prove  the  death  of  the 
not  produced,  satisfactory  reasons  must  soldier  must  state  their  means  of  know- 
bo  stated,  under  oath,  why  it  is  not  pro-  ledge  concerning  it,  and,  as  nearly  as  they 
duced.  If  it  is  shown  by  affidavit  that  no  can,  the  time  and  place  of  its  occurrence, 
record,  evidence,  or  testimony  of  eye-  The  evidence  to  prove  the  existing  widow- 
witnesses  can  be  procured,  the  claimant  hood  of  the  claimant  must  be  direct ;  and 
may  then  produce  the  best  other  evidence  the  statement  of  witnesses  that  the  claim- 
in  her  power;  such  as  the  testimony  of  ant  is  the  party  she  represents  herself  to 
witnesses  who  were  acquainted  with  her  be,  will  not  be  received  as  satisfactory 
and  her  husband  during  liis  lifetime,  proof  of  widowhood, 
knew  them  to  live  together  as  man  and  (e)  If  there  be  no  evidence  of  marriage 
wife,  and  that  they  were  reputed  so  to  be,  on  file  with  the  previous  application,  it 
and  that  the  fact  of  their  having  been  must  be  proved  as  in  the  preceding  note. 


CERTIFICATES.  219 


Copies  of  Records,  etc. 


CHAPTER  XIX. 

CERTIFICATES. 

PAOK 

454.  Certificate  to  copy  of  paper  on  file 219 

455.  Certificate  to  copy  of  record 219 

456.  Certificate  of  official  character 219 

454.  Certificate  to  Copy  of  Paper  on  File. 

State  of  ,  County  of  , ) 

Clerk's  Office,  ,  18    .        j     ' 

I  do  hereby  oebtify  that  I  have  compared  the  foregoing  copy  of  a  {nam- 
ing the  instrument]^  [and  of  the  indorsements  thereupon],  with  the  originals 
now  remaining  on  file  in  this  office,  and  that  the  same  are  correct  transcripts 
therefrom,  and  of  the  whole  of  said  originals. 

In  testimony  wheekof,  I  have  hereunto  set  my  hand  and 
{Official  affixed  my  official  seal,  this         day  of  ,  in  the  year 

86al.'\  one  thousand  eight  hundred  and 

{Signature  and  title  of  officer.] 

455.  Certificate  to  Copy  of  Record. 
State  of  Few  Yobk,  ) 
Secretary's  Office.   ) 

I  HAVE  compared  the  preceding  with  a  certain  indenture  recorded  xa.  this 
office,  in  Book  of  Deeds,  No.         ,  page  ,  etc.,  and  do  certify  that  the 

same  is  a  correct  transcript  therefrom  and  of  the  whole  of  said  indenture. 
{Here  note  any  alterations  in  the  manuscript^  if  any  there  he — e.  g.^  thus: 
one  line  interlined  at  the  top  of  page  2,  before  making  this  certificate.] 

In  testimony  whereof,  I  have  hereunto  affixed  the  seal  ot 
{^Official  this  office,  at  the  city  of  ,  the         day  of  .  ,  in 

seal.]  the  year  one  thousand  eight  hundred  and 

{Signature  and  title  of  officer.] 


State  of 
County  of 


456.  Certificate  of  Official  Character. 

'.   [**• 

I,  M.  N".,  clerk  of  the  said  county,  do  hereby  certify  that  O.  P.,  the  person 
subscribing  the  foregoing  {here  designate  the  instrument]^  and  before  whom 
the  same  was  taken,  was,  on  the        day  of  ,  18    ,  therein  mentioned, 

a  judge  of  the  Court  of  ,  a  court  of  record  of  the  said  county  of 

\or  other  officer,  as  the  case  may  be],  and  that  I  am  well  acquainted  with  the 


220  ABBOTTS'  FORMS. 


Charter  Parties. 


handwriting  of  the  said  O.  P.,  and  verily  believe  that  his  name  subscribed 
to  the  said  certificate  is  his  proper  and  genuine  signature. 
[Attestation^  signature,  etc.,  as  in  preceding  form.] 

[For  a  form  of  certificate  of  official  character,  including  the  due  execution 
of  the  instrument  according  to  th^  laws  of  the  place,  see  chapter  on  AaKSO\i- 
LEDGMENT8,  Forms  58  aTid  141.] 


CHAPTEE  XX. 

CHARTER  PARTIES. 


A  charter  party  is  a  contract  of  afTreightment  in  writing,  by  which  the 
owner  of  a  ship  or  other  vessel  lets  the  whole,  or  a  part  of  her,  to  a  merchant 
or  other  person,  for  the  conveyance  of  goods,  for  a  particular  voyage,  or  period 
of  time,  in  consideration  of  the  payment  of  freight.  The  instrument  ought  to 
contain  :  1.  The  name  and  tonnage  of  the  vessel.  2.  The  name  of  the  cap- 
tain. 3.  The  names  of  the  letter  to  freight  and  the  freighter.  4.  The  place 
and  time  agreed  upon  for  the  loading  and  discharge.  5.  The  price  of  the 
freight.  6.  The  demurrage  or  inderonity  in  case  of  delay.  7.  Such  other  con- 
ditions as  the  parties  may  agree  upon.(a) 

Important  differences  in  reference  to  the  rights  and  liabilities  of  the  parties, 
not  only  as  between  themselves,  but  as  respects  consignors  and  consignees,  and 
persons  furnishing  supplies  and  repairs,  dei)end  upon  the  question  whether  the 
charter  party  reserves  to  the  owner  the  right  of  possession  and  of  control,  or 
divests  him  of  it,  and  gives  it  to  the  freighter,  so  as  to  make  the  latter  the 
owner  pro  liae  vice.  In  the  absence  of  express  words  on  this  point,  it  is  to  be 
determined  as  a  question  of  construction  upon  the  whole  instrument,  whether 
the  owner  intended  to  part  with  possession.(6) 

Where  the  owner  of  a  vessel  charters  her  for  a  voyage,  equips  her  himself, 
hiring  and  paying  the  crew,  and  furnishing  them  with  provisions,  and  reserv- 
ing room  for  them  and  the  provisions,  the  hirer  is  not  owner  of  the  vessel  -pro 
hoc  vice,  but  the  original  ownersliip  continues.  Where,  by  the  terms  of  the  char- 
ter, the  ship-owner  appoints  the  master  and  mariners,  and  retains  the  manage- 
ment and  control  of  the  vessel,  the  charter  is  rather  to  be  considered  as  a  cov- 
enant to  carry  goods.  Where,  however,  the  whole  management  is  given  over 
to  the  freighter,  it  is  more  properly  a  hiring  of  the  vessel  for  the  voyage  ; 
and  in  such  case  the  hirer  is  deemed  owner  pro  Juic  vice.{c) 

457.  Charter  party  reserving  possession  to  the  owner 221 

458.  Charter  party  giving  possession  to  the  hirer 223 

(a)  Abbott  on  Shipping,  Part  iii.,  ch.  1.     Cranch,  89 ;  Mclntyre  v.  Bowne,  1  John*. 

(b)  Clarkson  v.  Edes,  4  Gow.,  470.  229  ;  1825,  Cliirkson  v.  Edes,  4  Cow.,  470 

(c)  Macardier  v.  Chesapeake  Ins.  Co.,  8    Williams  v.  Johnson,  11  Barb.,  501. 


CHAETER  PARTIES.  221 


Common  Form. 


457.  Charter  Party  Reserving  Povession  to  the  Owner. 

This  charter  party,  made  the         day  of  ,  in  the  year  one  thou- 

sand eight  hundred  and  ,  between  A.  B.,  master  and  part  owner  [or, 

agent  for  the  owners,  or  otherwise,  as  the  fact  may  be]  of  the  ship  [or  other 
vessel,  naming  it],  of  ,  of  which  is  master,  of  the  burden  of 

tons  or  thereabouts,((Z)   register  measurement,   now  lying  in  the 
harbor  of  ,  of  the  first  part,  and  Y.  Z.,  of         ,  in  the  State  of  , 

merchant,  of  the  second  part,  witnesseth  :  that  the  said  party  of  the  first 
part,  for  and  in  consideration  of  the  covenants  and  agreements  hereinafter 
mentioned,  to  be  kept  and  performed  by  the  said  party  of  the  second  part, 
does  covenant  and  agree  on  the  freighting  and  chartering  of  the  said  vessel 
unto  the  said  party  of  the  second  part,  for  a  voyage  from  [here  describe  the 
voyage — e.  g.,  thus :]  the  port  of  M.  to  N.,  and  return  to  M.,  and  on  the 
terms  following — that  is  to  say : 

1.  The  said  party  of  the  first  part  engages  that  the  said  vessel,  in  and 
during  the  said  voyage,  shall  be  kept  tight,  staunch,  well-fitted,  tackled,  and 
provided  with  every  requisite,  and  with  men  and  provisions  necessary  for 
such  a  voyage. 

2.  The  said  party  of  the  first  part  further  engages  that  the  whole  of  the 
said  vessel  (with  the  exception  of  the  cabin,  the  deck,  and  the  necessary 
room  for  the  accommodation  of  the  crew,  and  the  stowage  of  the  sails, 
cables,  and  provisions)(e)  shall  be  at  the  sole  use  and  disposal  of  the  said 
party  of  the  second  part  during  the  voyage  aforesaid  ;  and  that  no  goods  or 
merchandise  whatever  shall  be  laden  on  board,  otherwise  than  from  the 
said  party  of  the  second  part,  or  his  agent,  without  his  consent,  on  pain  of 
forfeiture  of  the  amount  of  freight  agreed  upon  for  the  8ame,(/") 

3.  The  said  party  of  the  first  part  further  engages  to  take  and  receive  on 
board  the  said  vessel,  during  the  aforesaid  voyage,  all  such  lawful  goods  and 
merchandise  as  the  said  party  of  the  second  part,  or  his  agents,  may  think 
proper  to  ship  [under  and  on  deck]. 

(d)  Describing  the  vessel  in  the  charter  sable,  but  that  the  officers  and  crew  are  to 
party  as  of  the  burden  of  a  specified  num-  be  accommodated  in  the  mode  adapted  or 
ber  of  tons,  or  thereabouts,  is  a  descrip-  fitted  to  their  station,  the  character  of  the 
tion  and  not  a  warranty  ;  and  if  it  is  not  vessel  and  the  nature  of  the  voyage  being 
fraudulently  inserted,  and  does  not  entrap  taken  into  consideration.  Almgren  v. 
the  charterer  into  the  bargain,  it  will  not  Dutilh,  5  A\  Y.  (1  Seld.),  28. 

vitiate  the  contract,  although  the  vessel  (/)  Where  the  charter  party  contains 

be  of  considerably  less  burden,  and  al-  such    provisions   as  the   two   foregoing, 

though  shipments  could  not  be  so  readily  which  are   in  the  usual  form,  and    the 

obtained,   or   insurance    upon    cargo    so  owners    appoint    the    master,    they    are 

readily  effected  in  a  vessel  of  such  size,  deemed  to   continue  in  possession,   and 

as  in  one  of  the  size  stated  in  the  cliarter  may  have  a  lien  for  their  charter  money 

party.     Ashburner  v.  Balchen,  7  N.  Y.  (3  upon  all  merchandise.     Holmes  v.  Paven- 

Seld.),  262.                                    •  stedt,  5  Sandf.,  97,  and  cases  cited ;  Mc- 

(e)  Such  a  provision   as  this   eontem-  Taggart  v.   Henry,   3  E.  D.  Smith,  390 ; 
plates  not  merely  accommodations  abso-  Williams  v.  Johnson,  11  Barl.,  501. 
lutely  necessary  and   literally   indispen- 


222  ABBOTTS'  FORMS. 


Common  Form  of  Charter  Party. 


4.  And  the  partj  of  the  first  part  agrees  to  proceed  with  all  dispatch  from 
M.  direct  to  N.,  and  return  to  M.,  and  there  discharge  the  cargo  aforesaid. 
[Here  may  he' inserted  any  special  stipulations  which  may  be  agreed  as  to 
the  use  of  the  vessel — e.  g.,  the  following :]  The  party  of  the  second  part  is 
to  have  the  use  of  the  cabin  for  passengers,  and  to  carry,  if  desired,  steer- 
age passengers  on  the  between-deck,  and  to  provide  for  the  same  himself. 

[Or  thus:  It  is  further  agreed,  that  the  vessel  takes  one  passenger,  free  of 
expense,  he  furnishing  all  his  extra  stores,  etc. 

It  is  also  further  agreed,  that  the  vessel  takes  out,  on  deck,  eight  to  ten 
horses,  the  party  of  the  second  part  fitting  up  stalls,  and  furnishing  every 
thing  necessary  for  their  accommodation.] 

And  the  said  party  of  the  second  part,  for  and  in  consideration  of  the 
covenants  and  agreements  to  be  kept  and  performed  by  the  said  party  of 
the  first  part,  covenants  and  agrees,  with  the  said  party  of  the  first  part,  to 
charter  and  hire  the  said  vessel  as  aforesaid,  on  the  terms  following — that  is 
to  say : 

1.  The  said  party  of  the  second  part  engages  to  provide  and  furnish  to 
the  said  vessel  a  full  cargo  of  lawful  merchandise,  or  at  least  suflBcient  for 
ballast. 

2.  The  said  party  of  the  second  part  further  engages  to  pay  to  the  said 
party  of  the  first  part,  or  his  agent,  for  the  charter  or  freight  of  the  said 
vessel  during  the  voyage  aforesaid,  in  manner  following — that  is  to  say : 
[here  set  forth  the  terms  agreed  on — e.  g.,  thus :]  dollars,  payable  upon 
delivery  of  her  cargo  at  M.  The  party  of  the  first  part  is  to  pay  all  the 
expenses  of  the  vessel,  including  port  charges  and  stevedore  bills. 

[Or  thus:  doUars  per  calendar  month,  and  so  in  proportion  for  a 

less  time,  so  long  as  the  said  vessel  shall  be  continued  in  the  aforesaid  ser- 
vice, such  payment  to  be  made  in  the  manner  following — that  is  to  say : 
Charter  payable  upon  termination  of  the  voyage,  except  so  much  as  the 
captain  may  require  for  his  disbursements  in  foreign  ports,  which  is  to  be 
advanced  on  account  of  this  charter,  free  of  commissions.  And  the  said 
party  of  the  second  part  further  engages  to  pay  all  the  foreign  port  charges 
on  the  vessel  during  the  aforesaid  voyage,  including  lighterage,  pilotage, 
and  consuls'  fees.] 

It  is  further  agreed  between  the  parties  to  this  instrument,  that  the  said 
party  of  the  second  part  shall  be  allowed  for  the  loading  and  discharging 
of  the  vessel  at  the  respective  ports  aforesaid,  lay  days  as  follows — that  is 
to  say:  dispatch  loading  and  discharging  at  the  port  of  ,  and 

[running(y)]  days  at  the  port  of  ;  and  in  case  the  vessel  is  detained, 

the  said  party  of  the  second  part  agrees  to  pay  to  the  said  party  of  the  first 
part,  demurrage  at  the  rate  of  dollars  per  day,  day  by  day,  for  every 

day  so  detained,  provided  such  detention  shall  happen  by  default  of  the 
said  party  of  the  second  part,  or  his  agent. 

(g)  A  provision  for  "running days"  is,  accident  does  not  excuse  him.     Field  t) 

in  ettect,  a  positive   stipulation  by  the  Chase,    Bill  cfe  J).  Supp.,  50;   S.  C, 

freighter  that  he  will   load   and   unload  N.  Y.  Leg.  Obs.,  8. 
within  the  time  mentioned.  An  inevitable 


CHARTER  PARTIES.  223 


Charter  Party  making  Hirer  the  Owner  for  the  Voyage. 

It  is  also  further  understood  and  agreed,  that  the  cargo  or  cargoes  shall 
be  received  and  delivered  alongside  of  the  vessel,  within  reach  of  her 
tackles,  or  according  to  the  customs  and  usages  at  the  ports  of  loading  and 
discharging. 

It  is  also  farther  understood  and  agreed,  that  this  charter  shall  com- 
mence(A)  when  the  vessel  is  ready  to  receive  cargo  at  her  place  of  loading, 
and  notice  thereof  is  given  to  the  partj^  of  the  second  part,  or  to  his  agent 
[and  terminate  on  the  return  of  the  vessel  and  the  discharge  of  her  cargo 
at  the  last  port  of  delivery]. 

It  is  also  further  understood  and  agreed,  that  the  risks  and  responsibil- 
ities assumed  by  the  party  of  the  first  part  are  solely  and  only  those  of  his 
neglects  or  omissions,  and  of  that  of  his  servants.  And  that  all  and  every 
other  of  the  risks,  hazards  and  contingencies  of  the  elements  and  naviga- 
tion, of  all  and  every  class,  character  and  description,  are  assumed  and  to 
be  borne  by  the  party  of  the  second  part.(i) 

[Here  any  special  stipulations  may  be  inserted,  such  as  the  following ;] 
It  is  understood  that  the  vessel  is  to  carry  out  to  N.,  tons  measure- 

ment of  assorted  cargo,  or  more  if  she  can,  provided  that  she  is  not  in  any 
case  to  draw  over  feet  of  water,  and  to  bring  back  hogsheads 

of  sugar,  or  its  equivalent,  or  more  if  she  can,  provided  that  she  is  not  in 
any  case  to  draw  more  than  feet  of  water. 

To  the  true  performance  of  all  and  every  of  the  foregoing  covenants  and 
agreements,  the  said  parties,  each  to  the  other,  do  hereby  bind  themselves, 
their  heirs,  executors,  administrators  and  assigns  (especially  the  said  party 
of  the  first  part  the  said  vessel,  her  freight,  tackle  and  appurtenances ;  and 
the  said  party  of  the  second  part,  the  merchandise  to  be  laden  on  board), 
each  to  the  other  in  the  penal  sum  of  dollars. 

In  witness  wheeeof,  the  said  parties  have  hereunto  interchangeably  set 
their  hands  and  seals,  the  day  and  year  above  written. 

Signed,  sealed,  and  delivered )  ^Signatures  and  seals.'] 

in  the  presence  of        .   i  ^ 

[Signatures  of  witnesses.} 


458.  Charter  Party  Giving  Possession  to  the  Hirer. 

These  articles  op  agreement  made  and  entered  into  this  day  of 

,  A.D.  18    ,  by  and  between  A.  B.,  of  ,  of  the  one  part,  Y.  Z., 

of  the  city  of  ,  of  the  other  part,  witnesseth  :  the  said  party  of  the 

first  part  has  this  day  chartered  and  hired  unto  the  said  party  of  the  second 
part  the  steamboat  ■>  of  [designating  her  port],  and  of  the 

burden  of  tons,  or  thereabouts,  with  all  the  appurtenances,  cables, 

anchors,  chains,  etc.,  which  belong  to  said  steamboat,  for  the  term  of 
months,  from  the         day  of  ,  to  be  delivered  at  the  port  of 

(A)  If  the  charter  party  fixes  a  day  for  the  clear  intent  of  the  parties.     Weisser 

the  vessel  to  be  in  readiness,  it  may  be  v.  Maitland,  8  Sandf.,  318. 
regarded  as  a  condition  precedent,  if  upon        (i)  As  to  such  a  clause,  see  note  (y), 

the  whole  instrument  such  appears  to  be  infra. 


224  ABBOTTS'  FORMS. 


Chattel  Mortgages. 


But  in  case  the  said  A.  B.  shall  deliver  the  said  boat  at  any  time  before 
said  day,  the  said  term  shall  take  date  from  tlie  time  of  delivery. 

For  the  use  of  said  steamboat,  said  Y.  Z.  agrees  and  binds  himself  to  pay 
to  the  said  A.  B.  dollars,  the  payments  to  be  made  as  follows : 

dollars  on  the  delivery  of  said  boat ;  dollars  on  the        day  of  , 

and  dollars  at  the  expiration  of  said  months.     And  it  is  farther 

understood,  that  the  said  Y.  Z.  shall  be  at  all  the  expense  of  manning  and 
furnishing  said  boat  for  the  time  above  stated,  and  shall  return  the  same  to 
the  said  A.  B.  at  the  port  of  ,  in  as  good  condition  as  it  now  is,  with  the 

exception  of  the  ordinary  use  and  wear;(j)  and  if  the  said  Y.  Z.  shall  at 
any  time  refuse  to  fulfil  on  his  part,  the  said  A.  B.  shall  have  the  right  to 
take  possession  of  the  said  boat  wherever  the  same  be  found. 

In  witness  [eic,  as  in  preceding  form]. 


CHAPTEK  XXI. 
CHATTEL  MORTGAGES. 


A  chattel  mortgage  is  a  transfer  "Of  the  title  to  chattels,  with  or  without  pos- 
session, as  security  for  a  debt  or  liability,  and  upon  condition  that  the  transfer 
shall  be  void  if  the  debt  or  liability  be  paid  or  discharged.  If  the  debt  is  not 
paid  at  the  time  appointed,  the  mortgagee  becomes  absolute  owner,  and  has  a 
right  to  take  the  chattels  into  Ms  own  possession  if  they  are  not  in  his  possession 
already,  and  his  creditors  have  likewise  a  right  to  levy  on  the  chattels  as  his 
property.  But  the  mortgagor  has  a  right  to  redeem  them  from  the  mortgagee, 
and  this  right  the  mortgagee  can  only  cut  off  by  a  sale,  applying  the  proceeds 
to  payment  of  the  debt.(a).  But  he  is  not  bound  to  sell,  unless  the  mortgage 
requires  him  to  do  so ;  he  may  keep  the  goods,  as  owner,  subject  only  to  the 
mortgagee's  right  to  redeem.(&)  And  if  they  are  of  suliicient  value  to  pay  the 
debt,  his  so  doing  may  be  regarded  as  payment.(c) 

Description  of  debt  and  of  chattels. — The  true  amount  of  the  indebtedness 
or  liability  to  be  secured,  should  be  stated  in  a  chattel  mortgage ;  and  the 
goods  should  be  described  with  sufficient  precision  to  identify  them.  The 
goods  may  be  described  in  a  schedule  annexed  and  referred  to  in  the  mortgage, 
and  sucli  a  schedule  is  regarded  as  a  part  of  the  mortgage,  and  both  papers  are 
construed  together.(d)  The  goods  may  be  designated  in  general  terms  in  the 
mortgage,  and  an  intention  to  make  and  annex  a  schedule  subsequently  may 

(_/)  Under  such  a  provision  as  this,  the  ity  of  the  cJiarterer.    Ames  v.  Belden,  17 

hirer  of  the  vessel  is  not  liable  as  au  in-  Barh..,  513. 

surer  against  the  perils  of  the  sea  or  risks  (a)   2  Story's  Eq.  J.,  1030 ;    4  Kenfs 

of  navigation ;  and  is  not  answerable  for  Com.,  138.    In  some  States,  the  time  for 

the  loss  of  the  boat  in  a  violent  storm,  redeeming   after    default   is   limited    by 

during   the  continuance   of  the   charter,  statute. 

without  his  fault.     The  clause  expresses  {b)    Charter    v.  Stevens,   8    Den.,   33; 

simply  what  the  law  would  have  implied  Burdick  ■».  McVanner,  2  lb.,  170. 

from  the  nature  of  the  contract,  and  there-  (c)  Case  v.  Boughton,  11  Wend.,  106. 

fore  does  not  vary  the  common-law  liabil-  (rf)  Edgell  v.  Hart,  9  N.  Y.  (5  Held.),  213. 


CHATTEL  MOETGAGES.  225 

General  Principles. 

be  expressed.  If  the  schedule  contain  the  only  designation  of  the  goods,  it  is  essen 
tial  that  it  be  so  annexed,  or  the  instrument  is  not  complete  or  effectual. (e)  But 
if  tlie  goods  are  designated,  and  an  intention  to  annex  a  schedule  is  expressed, 
the  omission  to  fulfil  the  intention  is  not  necessarily  fatal,  although  it  may  be 
a  suspicious  circumstance  indicating  fraud  as  against  other  creditors.(/) 

A  chattel  mortgage  cannot  be  made  effectually  to  cover  property  not  in  ex- 
istence or  which  the  mortgagor  may  afterwards  acquire,  so  as  to  secure  it  against 
his  other  creditors.(^)  It  may  be  made  to  secure  future  advances  as  well  as 
existing  indebtedness,  if  the  intent  is  expressed  in  the  instrument  ;{h)  and  it 
will  be  effectual  to  the  extent  of  such  advances  as  are  actually  made  in  good 
faith,  before  any  other  creditor  or  purchaser  acquires  a  lien  or  title  to  the 
property. 

Possession. — It  has  long  been  a  disputed  question  whether,  to  constitute  a 
valid  mortgage  as  against  other  creditors,  the  mortgagee  must  take  possession 
of  the  goods  at  the  time  of  receiving  the  mortgage.  The  rule  now  generally 
accepted  is,  that  if  the  goods,  at  the  time  of  the  mortgage,  are  in  the  possession 
or  under  the  control  of  the  mortgagor,  there  must  be  an  immediate  and  con- 
tinued change  of  possession  ;  otherwise  the  transaction  will  be  presumed  to  be 
fraudulent  as  against  his  creditors  or  subsequent  purchasers  in  good  faith ;  and 
the  mortgagee  or  those  claiming  under  him,  must,  in  order  to  sustain  the 
mortgage,  prove  affirmatively  that  it  was  made  in  good  faith  and  without  any 
intent  to  defraud,  (i) 

If  the  mortgage  contains  no  clause  as  to  the  right  of  possession,  the  mortga- 
gee is  entitled,  by  virtue  of  the  title  it  vests  in  him,  to  take  immediate  posses- 
sion without  any  default  on  the  part  of  the  mortgagor. (j)  Therefore,  where 
the  mortgagor  is  to  retain  possession  until  default,  as  may  safely  be  allowed  if 
good  faith  can  be  proved,  it  is  usual  to  insert  a  clause  securing  to  him  the 
right  to  do  so.  This  should  be  in  express  terms :  a  clause  authorizing  the 
mortgagee  to  take  possession,  in  certain  circumstances,  is  not- regarded  as  im- 
pliedly excluding  Ms  right  to  do  so  in  other  circumstances.(&) 

But  the  mortgagor  cannot  reserve  power  to  sell  the  property,  unless  it  be 
stipulated  that  he  is  to  apply  the  proceeds  in  payment  of  the  mortgage ;  for  to 
reserve  the  right  to  sell  for  his  own  benefit  would  be  to  attempt  to  create  a 
trust  for  his  own  benefit,  contrary  to  the  statute  of  fraudulent  conveyances.(^) 
So,  where  the  mortgage  is  of  a  stock  of  goods  in  a  store,  if  any  such  reservation 
is  inserted,  the  mortgagor  should  be  required  by  it  to  sell  for  cash,  and  apply 
the  proceeds  in  payment  of  the  debt.  For  the  same  reason,  if  the  mortgage  of 
a  stock  of  goods  in  a  store  is  expressed  to  include  all  others  which  may  be 
brought  in  to  replace  goods  sold,  this  implied  power  to  sell  should  be  accom- 
panied by  the  same  restrictions.(m) 

Danger  clause. — Where  a  clause  giving  the  mortgagee  the  right  to  retain 
possession  imtil  default,  is  inserted,  it  is  usual  to  add  a  qualification,  that  if  the 
goods  should  be  removed  or  disposed  of,  or  a  removal  or  disposal  attempted,  or 
if  for  other  reasons  the  mortgagee's  security  should  become  inadequate,  he 
may  thereupon  take  possession.     This  is  termed  the  danger  clause. 

Demand. — If  a  chattel  mortgage  specifies  no  time  of  payment,  and  does  not 
expressly  require  a  demand,  demand  is  not  necessary.(ft)  If  it  is  payable  on 
demand,  a  demand,  though  necessary  to  put  the  mortgagor  in  default,  is  not 


(«)  Moir  V.  Brown,  14  Barl.,  39.  {j)  Mattison    v.    Bancus,   5  N.    Y.  {\ 

if)  Keyes  v.  Brush,  2  Faige,  311 ;  Van  Comgt.),  295. 
ileusen  v.  Eadcliff,  17  JV.  Y.,  580.  (£)  Rich  v.  Milk,  20  Barb.,  616. 

(<7)  Gardner  v.  McEwen,  19  K  Y.,  123.        (l)  Ford  v.  Williams,  24  N.   Y,  359  ; 

(A)  Walker  v.  Snediker,  Hqfm.,  14:5  ;  Marston  «>.  Vultee,  12  Abbotts''  Pr.,  143; 

Truscotti;.  King,  6  N.  Y.  (2  Seld.),  147.  Edgell  v.  Hart,  9  N.  Y.  (5  Seld.).  213. 

(i)   Bissell   V.    Hopkins,   3    Cow.,  166;        (7«)  Edgell  «.  Hart,  9  N.  Y.  (5  SeU.), 

Smith  V.  Acker,  23  Wend.,  653  ;  Thompson  213 ;  Spies  v.  Boyd,  1  E.  D.  Smith,  445. 
V.  Blauchard,  4  iV".  Y.  (4  Comst.),  303.  (»)  Howland  v.  Willett,  3  Sandf.,  607. 

15 


226  ABBOTTS'  FORMS. 


Chattel  Mortgages. 


necessary  to  enable  liim  to  maintain  his  title  as  against  tliird  persons  unlaw- 
fully interfering  with  the  property.(<>) 

Sale. — If  a  chattel  mortgage  contains  no  provision  requiring  a  sale,  the 
mortgagee  may  sell  or  not  as  he  chooses  ;  and  a  sale  may  be  witliout  judicial 
proceedings,  reasonable  notice  being  given.  If  the  goods  can  be  sold  in 
separate  parcels,  no  more  should  be  sold  than  is  necessary  to  pay  the  debt  and 
expenses.<p) 

Personal  liability. — Giving  a  chattel  mortgage  does  not  necessarily  render 
the  mortgagor  personally  liable  for  the  sum  secured  ;(g)  but  a  promise  to  pay 
the  sum,  or  a  recital  that  the  mortgage  is  given  to  secure  an  indebtedness, 
does  render  the  mortgagor  personally  liable,  and,  in  such  case,  he  may  be  sued 
on  the  mortgage  in  the  first  instance  without  resorting  to  the  proi)erty.(r) 

Filing. — To  prevent  imposition  upon  subsequent  purchasers  and  mortgagees, 
it  is  generally  required  that  unless  there  is  an  actual  and  continued  change  of 
possession,  the  chattel  mortgage,  or  a  copy,  must  be  filed  in  the  town  or  city 
where  the  mortgagor  resides.^*)  This  is  not  essential  to  the  validity  of  a  mortgage 
as  against  the  mortgagor,  but  is  absolutely  essential  as  against  other  creditors 
and  subsequent  jjurchasers  and  mortgagees  in  good  faith.  A  copy  filed  must 
be  a  true  copy ;  and  any  material  error  in  it,  such  as  overstating  the  amount 
secured,  renders  it  a  nullity .(^  Within  thirty  days  before  the  expiration  of  a 
year,  and  so  on  annually,  a  new  copy  must  be  filed  where  the  mortgagor  then 
resides,  with  a  statement  exhibiting  the  mortgagee's  interest.  So  long  as  the 
mortgagee  has  not  taken  possession,  this  is  essential,  even  though  his  title 
may  have  become  absolute  by  a  default.(M)  The  time  for  the  third  filing  is  to 
be  computed  by  the  lapse  of  one  year  from  the  second  filing,  not  two  years 
from  the  first.(«) 

PAGE 

459.  Short  form ;  without  warranty,  or  stipulations  as  to  right  of  possession  or  sale 

or  personal  liability 227 


(o)  Brown  v.  Cook,  3  E.  D.  Smith,  123.  roneous  recital  in  the  mortgage  does  not 
(j)}  Charter  v.  Stephens,  S  Ben.,  83.  conclude    the    mortgagee.     Chandler  «. 
{q)  Culver  v.  Sisson,  8  A".  Y.  (3  Gomst.),  Buun,  Bill  <&  D.  Svpp.,  167. 
•264.  It  is  not  enough  to  file  the  mortgage 
(r)  Elder  t>.  Rouse,  15  Wend.,  218.  where  the  mortgaged  property  is,  if  the 
(s)  Under  the  New  York  statute,  chat-  mortgagor   was    a   resident.     Gould    v. 
tel  mortgages  are  to  be  filed  as  follows :  Browne,  4  A.  F.  Leg.  Ohs.,  423. 
in  the  town  or  city  where  the  mortgagor,  Chattel  mortgages  on  craft  navigating 
if  a  resident  of  the  State,  resides  at  the  the  canals  of  tlie  State,  are  to  be  filed  in 
time  of  execution.    If  not  a  resident,  then  the  auditor's  ofiBce  of  the  canal  depart- 
where  the  mortgaged  property  is.     In  the  ment  {Laws  of  1858,  cli.  247,  §  1 ;  1  Eev. 
city  of  New  York  they  are  to  be  filed  in  IStat.,  5  ed.,  630,  §  301) ;  but  the  priority 
the  registrar's  office  ;  in  other  cities  and  of  such  a  mortgage,  which  has  been  filed 
towns,  in  the  county  clerk's  office,  if  there  with  the  proper  town  clerk,  will  not  be 
be  0116  therein.    If  not,  then  in  the  town  lost  by  the  neglect  to  file  it  in  the  audi- 
clerk's  office.     Laws  of  1883,  402,  §  2;  tor's  office.    The  utmost  effect  of  the  act 
same  stat.,  2  Rev.  Stat.,  3  ed.,  196,  §§  12,  of  1858  is  to  put  mortgages  of  canal  boats, 
13.  registered  in  the  auditor's  office,  on  an 
Filing  in  the  town  in  which  the  morfr-  equality  with  those  filed  with  town  clerks, 
gagor,  if  a  resident  of  the  State,  resided.  Sweet  v.  Lawrence,  35  Barb.,  337. 
at  the  time  of  execution,  is  sufficient  under  {t)  Ely  v.  Camley,  19  A.  Y.,  496. 
this  statute ;  and  whether  the  mortgagor  («)  lb.,  Gould  v.  Browne,  4  A.  Y.  Leg. 
is  a  resident  of  that  town  at  the  time  of  C)i«.,423;  Mannings.  Monaghan,l.Bo«c., 
filing,  is  immaterial.     Hicks  v.  Williams,  459. 

17  Barb.,  523.    The  actual  place  of  resi-  (c)  Nitchie    v.   Townsend,    2   Sandf., 

dence  is  to  control  the  filing,  and  an  er-  299. 


CHATTEL  MORTGAGES.  227 

Short  Form. 

PAOK 

460.  The  same ;  but  with  personal  liability  and  stipulation  for  sale 228 

461.  Chattel  mortgage  to  secure  a  present  indebtedness  payable  on  demand,  or  at 

a  specified  day,  with  reservation  of  right  of  possession,  except  in  case  of 
danger,  and  stipulation  for  sale 228 

462.  Chattel  mortgage,  with  warranty  of  title,  covenant  to  pay  the  debt,  and  res- 

ervation of  right  of  possession  until  the  mortgagee  demands  it 229 

463.  Schedule  annexed  to  the  foregoing 230 

464.  The  same  ;  for  a  sum  of  money  at  a  future  day,  with  interest  periodically 

meanwhile 280 

465.  The  same ;  for  payment  in  equal  annual  instalments,  with  interest  annually 

on  what  remains  unpaid 231 

466.  The  same  ;  for  payment  in  unequal  instalments,  with  interest 231 

467.  The  same ;  for  payment  in  instalments,  with  interest  on  each  instalment  as 

it  falls  due 281 

468.  Chattel  mortgage  to  secure  a  note 281 

469.  Chattel  mortgage  to  secure  an  indorser 232 

470.  Chattel  mortgage  to  secure  payment  of  numerous  notes,  and  indemnity 

against  certain  debts  of  the  mortgagee  assumed  by  the  mortgagor 232 

471.  Chattel  mortgage  to  secure  a  surety  in  a  lease 233 

472.  Chattel  mortgage  to  secure  future  advances 234 

473.  Chattel  mortgage,  by  a  corporation,  to  trustees  in  trust  for  its  bondholders.  234 

474.  Condition,  in  a  mortgage  of  stock,  that  the  mortgagee  shall  not  sell  until 

default 286 

475.  Unqualified  reservation  of  right  of  possession  until  default 236 

476.  Stipulation  requiring  a  sale  to  be  made 237 

477.  Stipulation  regulating  the  mode  of  sale 237 

478.  Mortgage  of  a  vessel 237 

479.  Acknowledgment  of  a  chattel  mortgage 288 

480.  Annual  statenient  of  amount  claimed 238 

481.  The  same  ;  where  the  mortgage  is  claimed  as  security  for  contingent  or  un- 

liquidated demands 238 

482.  Notice  of  sale  under  mortgage 239 

483.  Terms  of  sale 239 

484.  Purchaser's  memorandum 240 

485.  Notice  of  adverse  claim,  read  at  the  sale  to  warn  purchasers 240 


459.  Short  Form;  Without  Warranty^  or  Stipulations  as  to  Eight  of  Posses- 
sion or  Sale  or  Personal  Liability. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  hereby  sell  and 

assign  to  Y.  Z.,  of  ,  all  the  tools  and  materials  now  in  my  shop  at 

.(w)    This  grant  is  intended  as  a  security  for  the  payment  of 
dollars,  with  interest,  on  or  before  the  expiration  of  from  the  date 

hereof;  which  payment,  if  duly  made,  will  render  this  conveyance  void. 

In  witness  whkeeof,  I  have  hereunto  set  my  hand  and  seal,  at  the         , 
this        day  of  ,  18    . 

In  presence  of  [Signature  of  mortgagor.] 

[Signature  of  witness.] 


(w)  Other  forms  of  the  granting  part  of    the  forms  of  Bills  of  Sale,  adding  th« 
ft  chattel  mortgage  may  be  adopted  from    clause  of  defeasance  above. 


228  ABBOTTS'  FORMS. 


Chattel  Mortgage  witli  Special  Clauses. 


460.  Short  Form;  With  Personal  Liability  and  Stipulation  for  Sale. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  acknowledge 

myself  to  be  indebted  to  Y.  Z.,  of  said  ,  in  the  snm  of  dollars, 

with  interest  from  this  date  [or,  from  the  day  of  ,  18    ],  and  for 

the  security  of  said  sum  I  do  hereby  mortgage  and  sell  and  assign  to  the 
said  Y.  Z.  all  my  property  of  every  description,  sitnate,  lying  and  being  in 
the  house,  corner  of  street  and  avenue,  in  the  city  of  ; 

and  I  do  hereby  authorize  and  empower  the  said  Y.  Z.  to  take  possession 
of  said  property  and  effects,  he  to  sell  the  same,  and  appropriate  the  pro- 
ceeds to  the  payment  of  said  debt  and  interest. 

In  witness  [etc.,  as  in  preceding  form]. 


461.  Chattel  Mortgage  to  Secure  a  Present  Indebtedness  Payaile  on  De- 
mand, or  at  a  Specif  ed  Day,  With  Reservation  of  Right  of  Possession, 
Except  in  Case  of  Danger,  and  Stipulation  for  Sale. 

Whereas,  T,  A.  B.,  of  the  town  of  ,  in  the  county  of  ,  and 

State  of  ,  am  justly  indebted  unto  Y.  Z.,  of  ,  in  the  said  county, 

in  the  sum  of  dollars,  on  account,  to  be  paid  on  demand  [or,  on  the 

day  of  ,  18    ],  with  interest  from  this  date :  I^ow,  theeefoee, 

in  consideration  of  such  indebtedr^ss,  and  in  order  to  secure  the  pa\Tnent 
of  the  same,  as  aforesaid,  I  do  hereby  sell,  assign,  transfer  and  set  over 
unto  the  said  Y.  Z.,  his  executors,  administrators  and  assigns  [here  describe 
the  property,  or  refer  to  schedule,  as  informs  462  and  463] :  Peovided,  now- 
EVEE,  that  if  the  said  debt  and  interest  be  paid,  as  above  specified,  this 
sale  and  transfer  shall  be  void ;  and  this  grant  is  also  subject  to  the  following 
conditions : 

The  property  hereby  sold  and  transferred  is  to  remain  in  my  possession 
until  default  be  made  in  the  payment  of  the  debt  and  interest  aforesaid,  or 
some  part  thereof;  *  but  in  case  of  a  sale  or  disposal,  or  attempt  to  sell  or 
dispose  of  the  same,  or  a  removal  of  or  attempt  to  remove  the  same  from 
,  or  an  unreasonable  depreciation  in  value  [or  if  from  any  other  cause 
the  security  shall  become  inadequate],  the  said  Y.  Z.  may  take  the  said 
property,  or  any  part  thereof,  into  his  own  possession.  * 

Upon  taking  said  property,  or  any  part  thereof,  into  his  possession,  either 
in  case  of  default,  or  as  above  provided,  the  said  Y.  Z.  shall  sell  the  same  at 
public  or  private  sale ;  and  after  satisfying  the  aforesaid  debt  and  the  inter- 
est thereon,  and  all  necessary  and  reasonable  costs,  charges  and  expenses 
incurred  by  him,  out  of  the  proceeds  of  such  sale,  he  shall  return  the  sur- 
plus to  me  or  my  representatives. 

In  witness  whebeof,  I  have  hereunto  set  my  hand  and  seal,  this  day 
of  ,  18    . 

In  presence  of  [Signature  and  seal^ 

[Signature  of  witness.] 


CHATTEL  MORTGAGES.  229 

With  Special  Claubes. 


462.  Chattel  Mortgage,  With  Warranty  of  Title,  Covenant  to  Pay  the  Debt, 
and  Reservation  of  Eight  of  Possession  Until  the  Mortgagee  Demands  It. 

Kxow  ALL  MEx  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  county 

of  ,  and  State  of  ,  farmer,  party  of  the  first  part,  for  securing 

the  payment  of  the  sum  of  money  hereinafter  mentioned,  and  in  considera- 
tion of  the  sum  of  one  dollar,  to  me  paid  by  Y.  Z.,  of  ,  aforesaid, 
merchant,  party  of  the  second  part,  the  receipt  whereof  I  do  hereby  ac- 
knowledge, have  bargained,  sold,  granted  and  conveyed,  and  by  these 
presents  do  bargain,  sell,  grant  and  convey  unto  the  said  party  of  the 
second  part,  his  executors,  administrators  and  assigns,  all  the  ashes  now 
being  in  the  ashery  in  the  possession  of  the  said  A.  B.,  at  \{x)  [or  thus, 
all  the  stock  of  books,  magazines,  periodicals  and  stationery  in  the  store  of 
the  said  A.  B.,  at  \{x)  or  thus,  all  the  household  goods  and  furniture, 
and  other  articles  mentioned  in  a  schedule  annexed  hereto,  and  contained 
in  the  house  of  the  said  A.  B.,  at  ;  or  thics,  all  and  singular  the  goods 
and  stock  of  goods  and  merchandise,  consisting  of  whips,  lashes  and 
materials  therefor,  now  in  the  store  of  the  party  of  the  first  part,  at  No. 
Street,  in  the  city  of  ,  and  in  the  factory  of  the  said 
party  of  the  first  part  at  ,  in  the  State  of  [but  excepting  and 
reserving  therefrom  all  goods  sold,  or  agreed  to  be  sold  and  packed,  to  be 
delivered  to  purchasers],  and  all  the  furniture  and  movable  fixtures  in  said 
store  belonging  to  the  party  of  the  first  part  [a  schedule  of  said  goods  and 
chattels  to  be  made  by  the  party  of  the  first  part,  and  annexed  hereto  with 
all  convenient  speed] ;  to  have  and  to  hold  the  same  unto  the  said  party  of 
the  second  part,  his  executors,  administrators  and  assigns,  forever.  [If  the 
mortgage  is  a  second  mortgage,  being  subject  to  a  prior  one,  insert  here: 
subject,  however,  to  a  prior  mortgage  to  M.  N.,  dated  the  day  of  , 
18    ,  to  secure            .] 

And  I  DO  for  myself,  my  heirs,  executors  and  administrators,  covenant 
and  agree,  to  and  with  the  said  party  of  the  second  part,  to  warrant  and 
defend  the  said  described  goods  hereby  sold,  unto  the  said  party  of  the 
second  part,  his  executors,  administrators  and  assigns,  against  all  and  every 
person  and  persons  whatsoever  [subject  as  aforesaid]. 

*  Upon  condition,  that  if  the  said  party  of  the  first  part  shall  and  do  well 
and  truly  pay,  or  cause  to  be  paid  t  unto  the  said  party  of  the  second  part, 
his  executors,  administrators  or  assigns,  the  sum  of  dollars  and 

interest  thereon,  on  the  day  of  next,  f  [or  otherwise,  as  the  case 

■may  be;  see  forms  464  to  472],  then  this  conveyance  shall  be  void ;  other- 
wise, to  remain  in  full  force. 

And  the  said  party  of  the  first  part,  for  himself,  his  executors,  adminis- 
trators and  assigns,  does  covenant  and  agree  to  and  with  the  said  party  of 
the  second  part,  his  executors,  administrators  and  assigns,  to  make  punctual 
payment  of  the  money  hereby  secured.     And  in  case  default  shall  be  made 

(x)  This  is  a  BufBcient  description  of  Barb.,  630;  Gardner  t).  McEwen,  19  iVi  J". 
Boch  property.     Dunning  v.  Stearns,  9    (5  Smith),  123. 


230  ABBOTTS'  FORMS. 


Chattel  Mortgrages. 


in  payment  of  the  said  sura  above  mentioned,  or  any  part  thereof,  or  of  the 
interest  thereon,  on  any  day  when  the  same  ought  to  be  paid  [may  insert  if 
desired,  then  the  whole  sum  shall  at  the  election  of  the  party  of  the  second 
part  become  immediately  due  and  payable ;  and]  *  it  shall  be  lawful  for, 
and  the  said  party  of  the  first  part  does  hereby  authorize  and  empower  the 
said  party  of  the  second  part,  his  executors,  administrators  and  assigns, 
with  the  aid  and  assistance  of  any  person  or  persons,  to  enter  and  come 
into  and  upon  the  dwelling-house  and  premises  of  the  said  party  of  the  first 
part,  and  such  other  place  or  places  as  the  said  goods  and  chattels  are  or 
may  be  held  or  placed,  and  take  and  carry  away  the  said  goods  and  chattels, 
to  sell  and  dispose  of  the  same,  or  so  much  as  shall  be  necessary,  for  the 
best  price  they  can  obtain,  and  out  of  the  money  to  retain  and  pay  tlie  said 
sum  above-mentioned,  with  the  interest  and  all  expenses  thereon,  rendering 
the  overplus  (if  any)  unto  the  said  party  of  the  first  part,  his  executors, 
administrators  and  assigns.  And  until  default  be  made  in  the  payment  of 
the  aforesaid  sum  of  money  [or  some  part  thereof  or  interest  thereon],  the 
said  party  of  the  first  part  is  to  remain  and  continue  in  quiet  and  peaceable 
possession  of  the  said  goods  and  chattels,  and  the  full  and  free  enjoyment 
of  the  same  [here  may  insert  danger  clause  from  Form  461,  viz.,  the  words 
hetween  the  *  *,  or  may  proceed  thus  .•]  unless  the  said  party  of  the  second 
part,  his  executors,  administrators  or  assigns,  shall  sooner  choose  to  demand 
the  same ;  and  until  such  demand  be  made,  the  possession  of  the  said  party 
of  the  first  part  shall  be  deemed  the  possession  of  an  agent  or  servant,  for 
the  sole  benefit  and  advantage  of  his  principal,  the  said  party  of  the  second 
part. 

In  witness  whebeof,  I  have  hereunto  set  my  hand  and  seal,  the  day 
of  ,  18    . 

Signed,  sealed  and  delivered )  [Signature  and  seal.} 

in  the  presence  of  ) 

[Signature  of  witness.] 

463.  Schedule  Annexed  to  the  Foregoing. 
Schedule  of  all  the  furniture  and  household  goods  mentioned  in,  and  con 
veyed  by,  the  annexed  chattel  mortgage. 
One  rosewood  sofa. 
Six        do.        chairs. 
One      do.        arm-chair. 
[  Thus  emimerating  all  the  goods.] 
Annexed  and  signed,  this        day  of  ,  18    . 

[Signature  of  witness.]  [Signature  of  party.] 

464.  The  Same ;  For  a  Sum  of  Money  at  a  Future  Day,   With  Interest 
Periodically  Meanichile. 

[As  in  Form  462,  substituting  for  the  words  between  the  1 1  the  following :] 
unto  the  said  party  of  the  second  part,  his  executors,  administrators  or 
assigns,  the  just  and  full  sum  of  doUars  [stating  the  whole  principal 

secured],  on  the         day  of  ,  which  will  be  in  the  year  one  thousand 


CHATTEL  MORTGAGES.  231 

Stipulations  as  to  Mode  of  Payment. 

eight  hundred  and  ,  with  interest  thereon  from  the  date  hereof  [or, 

from  the        day  of  ,  18    ],  at  the  rate  of  per  cent,  per  annum 

[or,  with  legal  interest  thereon],  payable  semi-annually  [o?-,  quarterly],  on 
the        day  of  ,  and  [designating  the  months  intended]  in  each 

year,  until  the  whole  of  said  principal  sum  be  paid. 

465.  The  Same;  For  Payment  in  Equal  Annual  Instalments,  With  Interest 
Annually  on  What  Remains  Unpaid. 

[As  in  Form  462,  substituting  for  the  words  between  the  \\  the  following :'] 
unto  the  said  party  of  the  second  part,  his  executors,  administrators  or 
assigns,  the  just  and  full  sum  of  dollars  [stating  the  whole  principal 

secured],  in  equal  annual  payments,  from  the  date  hereof  [or,  com- 

mencing on  the         day  of  ,  18    ],  with  interest  thereon  at  the  rate 

of  per  cent,  per  annum  [or,  with  legal  interest  thereon],  payable 

annually  with  such  instalments  [or,  semi-annually,  or,  quarterly,  on  the 
days  of  ,  naming  the  months  for  payment  of  interest,  in  each  year]. 


466.  The  Sam,e;  For  Payment  in  Unequal  Instalments,  With  Interest. 

[As  in  Form  462,  substituting  for  the  words  between  the  \\  the  following :] 
unto  the  said  party  of  the  second  part,  his  executors,  administrators  or 
assigns,  the  just  and  full  sum  of  dollars  [stating  the  whole  principal 

secured],  in  manner  following — that  is  to  say,  the  sum  of  dollars  on 

the        day  of  next;  the  sum  of  dollars  on  the        day  of  , 

18      ;  and  the  remaining  sum  of  dollars  in  from  the  said  last- 

mentioned  date,  together  with  the  interest  at  the  rate  of  per  cent,  per 

annum  [or,  with  legal  interest  on  the  whole  sum  remaining  unpaid,  at  the 
time  of  each  payment]. 

467.  The  Same  ;  For  Payment  in  Instalments,  With  Interest  on  Each  Instal- 
ment as  It  Falls  Due. 

[As  in  Form  462,  substituting  for  the  words  between  the  f  t  the  following :] 
unto  the  said  party  of  the  second  part,  his  executors,  administrators  or  as- 
signs, the  just  and  full  sum  of  dollars  [stating  the  whole  principal  se- 
cured], with  interest  at  the  rate  of  per  cent,  per  annum  [or,  with  legal 
interest],  said  principal  to  be  paid  in  equal  annual  instalments  each, 
with  the  interest  on  such  instalment,  on  the        day  of  in  each  year. 

468.   Chattel  Mortgage  to  Se-cure  a  Ffote. 

[As  in  Form  462,  substituting  for  the  words  between  the  *  *  the  following :] 
Upon  condition,  however,  that  if  the  said  party  of  the  first  part  shall  well 
and  truly  pay  to  the  said  party  of  the  second  part,  his  executors,  administra- 
tors and  assigns,  a  certain  promissory  note,  made  by  ,  for  dol- 
lars, bearing  date  the  day  of  ,  18  ,  and  payable  after  date 
to  the  order  of            [or  may  say,  his  promissory  note,  of  which  the  follow- 


232  ABBOTTS'  FOKMS. 


Chattel  Mortgajre  to  Secure  Notes. 


ing  is  a  copy,  setting  it  forth],  according  to  the  tenor  thereof,  then  this 
conveyance  shall  be  void ;  otherwise,  to  remain  in  full  force.  And  in  case 
default  shall  be  made  in  payment  of  said  note, 


469.  Chattel  Mortgage  to  Secure  An  Indorser. 

[As  in  Form  462,  mbstituting  for  the  words  between  the  *  *  the  following :] 
Upon  condition,  however,  that  if  the  said  party  of  the  first  part  shall 
well  and  truly  pay  a  certain  promissory  note,  made  by  for  dol- 

lars, bearing  date  the        day  of  i  18    ,  and  payable  after  date 

to  the  order  of  ,  and  indorsed  by  the  party  of  the  second  part  [or  may 

say,  his  promissory  note,  indorsed  by  the  party  of  the  second  part,  of  which 
the  following  is  a  copy,  netting  it  forth],  according  to  the  tenor  thereof, 
then  this  conveyance  shall  be  void ;  otherwise,  to  remain  in  fuU  force.  And 
in  case  default  shall  be  made  in  payment  of  said  note, 

470.  Chattel  Mortgage  to  Secure  Payment  of  Kumerous  Notes,  and  Indent' 
nity  Against  Certain  Debts  of  the  Mortgagee  Assumed  hy  th^  Mortgagor. 

[As  in  Form  462  to  the  first  *,  continuing  thus:] 

Upon  condition,  however,  that  the  said  parties  of  the  first  part  shall  well 
and  truly  pay  unto  the  said  party  of  the  second  part,  his  executors,  admin- 
istrators or  assigns,  the  just  and  full  sum  of  dollars  and  cents, 
with  interest,  being  the  amount  of  promissory  notes  made  by  them, 
and  described  as  follows,  each  bearing  date  the  day  of  ?  18  , 
payable  as  follows :  one  note  for  dollars  payable  at  months  from 
date ;  and  one  for  dollars,  payable  at  months  from  date  [and  so 
on].  And  upon  the  further  condition,  that  if  the  said  parties  of  the  first 
part  will  well  and  truly  indemnify  and  save  harmless  the  said  party  of  the 
second  part  of,  from  and  against  all  of  the  notes  remaining  unpaid,  which 
were  given  by  said  party  of  the  second  part  to  M.  N.  &  Co.  on  the  purchase 
of  ,  which  notes  are  particularly  enumerated  in  Schedule  B  hereto 
annexed ;  and  also  against  all  of  the  notes  and  debts,  obligations  or  liabili- 
ties mentioned  in  Schedules  C  and  D  hereto  annexed,  being  debts  of  the 
party  of  the  second  part,  which  have  been  assumed  by  said  party  of  the 
first  part,  then  this  conveyance  shall  be  void ;  otherwise,  to  remain  in  full 
force. 

And  the  said  parties  of  the  first  part,  for  themselves,  their  executors,  ad- 
ministrators and  assigns,  do  covenant,  promise  and  agree,  to  and  with  the 
said  party  of  the  second  part,  his  executors,  administrators  and  assigns, 
that  in  case  default  shall  be  made  in  the  payment  of  either  of  said  notes 
hereinbefore  mentioned,  given  by  said  parties  of  the  first  part  to  the  said 
party  of  the  second  part,  and  the  same  shall  remain  due  and  unpaid  for  the 
space  of  days  thereafter,  then  the  sura  remaining  unpaid  upon  all  of 

said  notes  may,  at  the  option  of  the  said  party  of  the  second  part,  his  exec- 
utors, administrators  or  assigns,  be  considered  due  and  payable  immediately; 
and  in  case  either  of  said  notes  shall  so  remain  unpaid  for  the  space  of 
days,  or  in  case  any  recovery  shall  be  had  against  said  party  of  the  second 


CHATTEL  MORTGAGES.  233 

To  Secure  against  Contingent  Liability. 

part,  for  or  by  reason  of  any  note  or  notes,  or  debts  mentioned  in  Schedules 
B,  0,  and  D ;  then  in  that  case  it  shall  immediately  thereupon  be  lawful  for, 
and  the  said  parties  of  the  first  part  hereby  authorize  and  empower  the  said 
party  of  the  second  part,  his  executors,  administrators  or  assigns,  with  the 
aid  or  assistance  of  any  person  or  persons,  to  enter  the  store,  stable,  dweU- 
ing-honse  and  other  premises,  and  such  other  place  or  places  as  the  said 
goods,  chattels  and  property  are  or  may  be  placed,  and  take  and  carry 
away  the  said  goods,  chattels  and  property,  and  to  sell  and  dispose  of  the 
same  for  the  best  price  or  prices  he  can  obtain  for  the  same,  and  out  of  the 
money  arising  therefrom  to  retain,  take  up  and  j  ay  the  amount  then  re- 
maining unpaid  on  said  notes,  whether  the  said  notes  shall  have  matured 
or  not,  and  all  charges  touching  the  same,  and  also  all  moneys  which 
may  be  recovered  against  him,  the  said  party  of  the  second  part,  for 
or  on  account  of  any  of  the  notes  or  debts  mentioned  in  either  of  the 
schedules  to  this  mortgage,  or  any  liability  or  charges  he  may  incur  on 
account  of  the  same,  or  any  part  thereof,  and  also  the  expenses  of  such 
sale,  and  then,  after  retaining  sutficient  in  his  hands  to  pay  off  and  discharge 
any  of  the  said  debts  or  notes  mentioned  in  either  of  the  schedules  which 
may  remain  unpaid,  and  applying  the  said  moneys  thereto,  rendering  the 
overplus  (if  any)  unto  the  said  parties  of  the  first  part,  or  to  their  executors, 
administrators  or  assigns ;  and  in  case  of  such  sale  and  disposition  of  said 
goods,  chattels  and  property,  it  shall  and  may  be  lawful  for  the  said  party 
of  the  second  part  to  sell  and  dispose  of  the  said  property,  goods  and  chat- 
tels, together  or  separately,  as  he  may  prefer. 

And  until  default  be  made  in  the  payment  of  either  of  the  said  notes, 
and  the  same  shall  remain  unpaid  for  ten  days,  or  in  any  of  the  stipulations 
hereinbefore  set  forth  on  the  part  of  the  parties  of  the  first  part,  the  said 
parties  of  the  first  part  shall  remain  and  continue  in  the  quiet  and  peaceable 
possession  of  the  said  goods  and  chattels  and  property,  and  the  full  and  free 
enjoyment  of  the  same. 

In  witness  whereof,  the  parties  of  the  first  part  have  hereunto  set  their 
hands  and  seals,  this        day  of  ,  18    . 

In  presence  of  [Signatures  and  seals.] 

[Signature  qf  witness.] 


471.  Chattel  Mortgage  to  Secure  a  Surety  in  a  Lease. 

[As  in  Form  462,  substituting /or  the  words  between  the  *  *  the  following :] 
Upon  condition,  however,  that  if  the  said  party  of  the  first  part,  his  ex- 
ecutors, administrators  and  assigns,  shall  well  and  truly  pay  the  rent  to  ac- 
crue on  a  lease  made  by  M.  N.  to  the  said  party  of  the  first  part,  bearing 
date  the        day  of  ,18      [and  shall  perform  all  the  covenants  on  his 

part  therein  contained],  and  indemnify  and  save  harmless  the  said  party  of 
the  second  part  from  and  against  all  damage,  costs  and  expenses  by  reason 
of  his  having  become  a  surety  thereon,  then  this  conveyance  shall  be  void ; 
otherwise,  to  remain  in  full  force.  And  in  case  default  shall  be  made  in 
such  payment  [and  performance], 


234  ABBOTTS'  FORMS. 


Cliattel  Mortgages. 


472,  Chattel  Mortgage  to  Secure  Future  Advances. 

[As  in  Form  462,  substituting  for  the  words  between  the  *  *  the  following ;] 
Wheeeas  the  party  of  the  first  part  is  indebted  to  the  party  of  the  second 
part  for  ,  in  the  sum  of  [as  appeared  by  the  account  between 

the  parties],  and  said  party  of  the  second  part  has  agreed  to  make  further 
advances  of  money  and  materials  to  enable  the  said  party  of  the  second 
part  to  complete  his  factory  at  ,  and  commence  to  operate  the  same : 

Now  these  presents  are  upon  the  condition,  that  if  the  party  of  the  first 
part,  his  executors,  administrators  and  assigns,  shall  well  and  truly  pay,  or 
cause  to  be  paid,  to  the  party  of.the  second  part,  his  executors,  administra- 
tors or  assigns,  upon  demand  [or  otherwise,  as  agreed],  all  the  sums  due  and 
so  to  become  due  to  the  party  of  the  second  pai't,  then  this  conveyance 
shall  be  void ;  otherwise,  to  remain  in  full  force.  And  in  case  any  default 
shall  be  made  therein, 


473.  Chattel  Mortgage,  By  a  Corporation,  to  Trustees,  in  Trust  for  Its 
Bondholders. 

Tms  INDBNTXJBK,  made  the  day  of  ,  a.  d.  one  thousand  eight  hun- 
dred and  ,  between  the  Company,  of  ,  formed  under  and  pursu- 
ant to  an  act  of  the  Legislature  of  the  State  of  ,  entitled  "  An  Act  to 
provide  for  the  formation  of  companies,"  passed  ,18  ,  by  articles 
of  association  duly  made,  executed  and  filed  on  the  day  of  ,  18  , 
in  the  oflSce  of  the  clerk  of  ,  parties  of  the  first  part,  and  W.  V.,  "W. 
X.  and  Y.  Z.,  trustees,  as  hereinafter  mentioned,  of  the  second  part^  wrr- 
NESSKTH  as  follows:  That  the  parties  of  the  first  part,  in  order  to  pay  off 
and  discharge  certain  debts  and  obligations  incurred  in  the  formation  and 
operating  of  said  company,  and  to  enable  them  to  conduct,  operate  and 
continue  the  business  of  said  company,  and  also  in  pursuance  of  the  res- 
olutions of  said  company,  passed  the  day  of  ,  18  ,  a  copy  of 
which  is  hereto  annexed,  marked  "  A,"  and  forming  part  of  this  indenture, 
have  made  and  issued  their  several  bonds,  or  obligations,  all  having  even 
date  herewith,  by  each  of  which  said  bonds  they  acknowledge  themselves 
indebted  to  ,  or  bearer,  in  the  sum  of  dollars,  lawful  money 
of  the  United  States  of  America,  to  the  amount  of  dollars,  and  num- 
bering from  one  to  ,  inclusive ;  each  of  said  bonds  being  made  pay- 
able to  the  said  parties  of  the  second  part,  or  bearer,  and  each  of  said  bonds 
being  for  the  sum  of  dollars,  and  payable  at  the  said  company's  oflSce 
in  ,  on  or  before  the  day  of  ,  one  thousand  eight  hundred 
and  ,  with  interest  thereon,  at  the  rate  of  per  centum  per  annum, 
payable  semi-annually,  at  their  oflSce,  in  ,  on  the  days  of 
and             in  each  year,  until  the  whole  of  the  said  principal  is  paid. 

Now  THIS  INDENTURE  WITNESSETH,  that  the  said  parties  of  the  first  part, 
in  order  to  secure  the  payment  of  the  said  several  bonds  hereinbefore  men- 
tioned, as  they  respectively  fall  due  in  the  hands  of  the  hona-fide  holders 
thereof,  and  the  interest  thereon,  and  in  consideration  of  the  sum  of  ouo 


CHATTEL  MORTGAGES.  235 

To  Secure  Corporation  Bonds. 

dollar,  to  them  in  hand  paid  by  the  said  parties  of  the  second  part,  the  re- 
ceipt whereof  is  hereby  acknowledged,  have  granted,  bargained,  sold,  as- 
signed, released,  conveyed  and  confirmed,  and  by  these  presents  do  grant, 
bargain,  sell,  assign,  release,  convey  and  confirm,  transfer  and  set  over 
unto  the  said  parties  of  the  second  part,  trustees,  as  aforesaid,  or  the  sur- 
vivor or  survivors  of  them,  and  their  successors  or  assigns,  the  leases,  fran- 
chises, licenses  and  articles  of  personal  property,  goods,  chattels,  horses, 
stages,  etc.,  etc.,  as  follows : 

1.  All  their  right,  title,  interest  and  claim  in  and  to  a  certain  grant  or 
lease,  dated  on  the         day  of  ,  a.  d.  18    ,  and  made  by  M.  K,  ot 

,  of  the  first  part,  to  O.  P.,  and  which  has  been  duly  assigned  to  the 
said  company,  covering  six  lots  of  ground  on  Avenue  0  and  Eleventh-street, 
in  the  Eleventh  Ward  of  said  city,  and  recorded  in  the  register's  oflBce  of 

,  in  Liber        of  Conveyances,  page        ,  the        day  of  »  18    , 

together  with  tbe  appurtenances,  and  all  the  rights  and  privileges,  interests 
which  the  said  parties  of  the  first  part  have,  or  hold,  in  or  to  the  said  lease, 
and  the  lands  and  premises  described  therein,  and  the  buildings,  sheds,  and 
improvements  thereon  erected. 

2.  And  also,  all  the  franchises,  licenses,  rights  and  privileges  of  run- 
ning and  operating  their  ,  as  now  owned  and  possessed  by  them,  and 
conferred  upon  them  by  the  authorities  of  ,  or  otherwise. 

3.  And  also,  aU  the  fixtures,  implements,  goods,  wares  and  mer- 
chandise, and  all  other  articles  of  personal  property,  now  belonging  to,  and 
in  the  possession  of  said  company  in  ,  and  more  particularly  named 
and  described  in  the  schedule  hereto  annexed,  marked  B,  and  which  said 
schedule  forms  part  of  this  indenture :  To  have  and  to  hold  the  same  to 
the  said  parties  of  the  second  part,  the  survivor  or  snrvivors,  or  their  suc- 
cessors or  assigns,  forever.  And  it  is  hereby  further  mutually  declared, 
granted  and  agreed  by  the  said  company,  parties  of  the  first  part,  and  the 
said  parties  of  the  second  part,  trustees,  representing  the  rights  and  inter- 
ests in  the  securities  of  the  parties  taking  or  holding  the  said  bonds  or  ob- 
ligations, in  the  form  and  manner  following — viz.,  that  if  the  said  parties  of 
th.e  first  part  shall  weU  and  faithfully  pay  the  said  principal  sum  of 
dollars,  on  the  day  when  the  same  is  made  payable  by  this  indenture,  as 
above  rnentioned,  according  to  the  true  intent  and  meaning  thereof,  with 
the  interest  due  thereon,  and  also,  the  interest  which  may  become  due 
thereon,  on  the  days  when  the  same  is  made  payable,  as  herein  mentioned, 
or  shall  deliver  up,  cancelled,  to  the  said  parties  of  the  second  part  all  of 
the  said  bonds  mentioned  herein,  then  these  presents  shall  cease  and  deter- 
mine ;  but  if  default  shall  be  made  by  said  parties  of  the  first  part,  in  the 
payment  of  the  said  bonds  or  obligations,  at  the  time  they  shall  fall  due, 
according  to  the  true  intent  and  meaning  thereof,  or  they  shall  fail  to  pay 
the  interest  at  the  time  set  forth  herein,  then  it  shall  be  lawful  for  the  said 
parties  of  the  second  part,  or  the  survivor  or  survivors  of  them,  their  suc- 
cessors and  assigns,  and  it  shall  be  their  duty,  and  they  are  hereby  author- 
ized and  empowered,  either  in  person  or  by  attorney,  or  by  agents,  to 
enter  into,  and  upon,  the  lands  and  premises  hereby  granted,  or  intended 
60  to  be,  and  take  possession  thereof,  and  also  to  take  possession  of  the  said 


236  ABBOTTS'  FORMS. 


Chattel  Mortgages. 


goods,  chattels  and  other  articles  mentioned  in  the  said  annexed  schedul(\ 
and  also  the  licenses,  franchises,  etc.,  of  the  said  company,  and  to  sell  or 
dispose  of  the  same,  or  any  part  thereof,  at  public  auction,  according  to  the 
statute  in  such  cases  made  and  provided ;  and  also  to  sell  the  said  articles 
of  personal  property  mentioned  in  the  annexed  schedule,  at  public  auction, 
at  the  best  price  they  can  obtain  for  the  same,  and  out  of  the  proceeds 
arising  from  such  sale  to  defray  the  expenses  of  such  sale,  and  their  own 
just  and  lawful  charges,  and  then  pay  over  the  proceeds  to,  and  amongst 
the  parties  holding  the  said  bonds  or  obligations,  for  the  said  sum  of 
dollars,  so  far  as  may  be  necessary  to  pay  the  amount  then  due  and  in 
arrear  upon  the  same,  and  the  balance  of  the  proceeds  (if  any  there  be)  to 
be  paid  over  to  the  said  parties  of  the  first  part,  or  their  assigns.  And  it  is 
farther  agreed  by  the  said  parties  of  the  first  part,  that  policies  of  insurance 
shall  be  effected  by  the  said  parties  of  the  first  part  upon  the  said  buildings, 
implements,  goods,  chattels  and  personal  property  mentioned  in  the 
schedule,  against  loss  or  damage  by  fire,  to  the  amount  of  at  least 
dollars,  and  such  insurances  shall  be  continued  from  time  to  time,  and  the 
policies  assigned  and  placed  in  the  hands  of  the  said  parties  of  the  second 
part,  as  an  additional  security  for  the  payment  of  the  said  bonds  or  obliga- 
tions. 

In  witness  whereof,  the  said  Company,  parties  of  the 

[Corporate        first  part,  have  hereunto  set  their  corporate  seal,  and  the 

seal.]  hands  of  its  president,  treasurer  and  secretary,  the  day  and 

year  first  above  written. 

In  presence  of  [Signatures  and  titles  0/ officers.] 

[Signature  of  witness.] 


474.  Condition  in  a  Mortgage  of  Stock,  That  the  Mortgagee  Shall  Not  Sell 

Until  Default. 

And  it  is  also  pbovided,  that  until  default  shall  be  made,  in  payment 
of  the  said  sum  of  dollars  and  interest,  or  some  part  thereof,  the  said  Y. 
Z.,  his  executors  or  administrators,  wiU  not  sell  or  dispose  of  the  said 
shares  of  stock  in  the  said  company  so  transferred  to  him  as  aforesaid,  and 
will,  from  time  to  time,  pay  over  unto  the  said  A.  B.,  his  executors,  or  ad- 
ministrators or  assigns,  any  dividend  or  dividends,  which  he,  the  said  Y. 
Z.,  his  executors  or  administrators,  shall,  in  the  mean  time,  have  received 
on  account  thereof. 


475.   Unqualified  Reservation  of  Right  of  Possession  Until  Default. 

And  it  xb  agreed,  between  the  said  parties,  that  until  default  shall  be 
made  in  payment  of  the  said  sum  of  dollars  and  interest,  the  said  A. 

B.  and  his  assigns  may  hold,  enjoy  and  use  the  goods  above  mortgaged, 
as  aforesaid,  without  the  hindrance  or  interruption  of  the  said  Y.  Z.,  or  his 
assigns. 


CHATTEL  MORTGAGES.  237 

Stipulations  as  to  Sale.  Mortgage  of  Vessel. 

476.  Stipulation  Requiring  a  Sale  to  be  Made. 

But  if  default  shall  be  made  in  the  payment  of  the  principal  or  inter- 
est above  mentioned,  or  any  part  thereof,  then  the  said  party  of  the  second 
part,  and  his  assigns,  are  hereby  required  to  sell  the  goods,  chattels  and 
property,  above  granted,  by  public  auction,  or  so  much  as  shall  be  neces- 
sary, for  the  best  price  they  can  obtain,  and  out  of  the  money  to  retain 
and  pay  the  said  sum  above  mentioned,  with  the  interest,  and  all  expenses 
thereon,  rendering  the  overplus  (if  any)  unto  the  said  party  of  the  first  part, 
his  executors,  administrators  and  assigns. 

477.  Stipulation  Regulating  the  Mode  of  Sale. 

Said  sale  to  take  place  at  ,  after  giving  at  least         days'  notice 

thereof,  by  posting  up  written  notices  in  three  diflferent  public  places  in  the 
town,  and  by  advertising  once  in  the  .     And  I  hereby  further  author- 

ize the  person  conducting  said  sale,  to  adjourn,  if,  in  his  opinion,  necessary, 
the  same,  from  time  to  time,  until  said  property  be  sold,  and  to  give  a  bill 
of  sale  to  the  purchaser  thereof,  which  shall  be  conclusive  as  to  the  regu- 
larity of  all  the  proceedings  connected  herewith,  and  convey  absolutely  all 
of  my  right  and  title  therein. 

478.  Mortgage  of  a  Ve88el.(y) 

To  all  to  whom  these  presents  shall  come,  greeting : 

Know  ye,  that  we,  A.  B.  (|ths),  and  0.  D.  ('ths),  owners  of  the  bark  or 
vessel  called  the  Mary,  of  ,  of  the  burden  of  tons,  or  there- 

abouts, for  and  in  consideration  of  the  sum  of  dollars,  lawful  money 

of  the  United  States  of  America,  to  us  in  hand  paid  before  the  sealing  and 
delivery  of  these  presents  by  W.  X.  and  Y.  Z.,  the  receipt  whereof  we  do 
hereby  acknowledge,  and  are  therewith  fully  satisfied,  contented  and  paid, 
have  bargained  and  sold,  and  by  these  presents  do  bargain  and  sell  unto  the 
said  W.  X.  and  Y.  Z.,  their  executors,  administrators  and  assigns,  all  of  the 
said  bark  or  vessel,  together  with  all  the  masts,  bowsprit,  sails,  boats,  an- 
chors, cables  and»all  other  necessaries(s)  thereunto  appertaining  and  be- 
longing :  To  have  and  to  hold  the  said  bark  Mary,  and  appurtenances 
thereunto  belonging,  unto  them,  the  said  W.  X.  and  Y.  Z.,  their  executors, 
administrators  and  assigns,  to  the  sole  and  only  proper  use,  benefit  and  be- 
hoof of  them,  the  said  W.  X.  and  Y.  Z.,  their  executors,  administrators  and 
assigns,"  forever.  And  we,  the  said  A.  B.  and  C.  D.,  have,  and  by  these 
presents  do  promise,  covenant  and  agree,  for  ourselves,  our  heirs,  executors 
and  administrators,  to  and  with  the  said  W.  X.  and  Y.  Z.,  their  heirs,  ex- 
ecutors, administrators  and  assigns,  to  warrant  and  defend  the  said  bark 
Mary,  and  all  the  other  before-mentioned  appurtenances,  against  all  and 
every  person  and  persons  whomsoever. 

(y)  For  a  hypothecation  on  bottomry,  any  things  not  clearly  included  in  such  a 
eee  Bonds.  general  term,  they  should  be  expressly 

(z)  If  it  ia  intended  to  give  a  lien  on    mentioned. 


238  ABBOTTS'  FORMS. 


Ackiiowledgrment  of  Mortgagfe.  Statement  of  Renewal. 

WuEREAS,  A.  B.  and  C.  D.  are  justly  indebted  to  W.  X.  and  Y.  Z.,  for  certain 
sums  of  money  advanced  to  them  by  said  W.  X.  and  Y.  Z.,  on  account  of  said 
bark  ^fary,  which  the  account  between  the  parties  shows,  and  may  also  re- 
quire further  advances  than  the  original  debt,  and  may  also  become  still 
further  indebted  for  expenses  and  charges  paid  or  incurred  for  them  :  Now 
THE  CONDITION  of  these  presents  is  such,  that  if  the  said  A.  B.  and  C.  D. 
will,  on  demand,  pay  all  the  sums  due  and  to  become  due  to  the  said  "W.  X. 
and  Y.  Z.,  and  shall,  in  all  respects,  comply  with  the  terms  and  conditions 
hereof,  then  this  conveyance  shall  be  void;  otherwise,  to  remain  in  full 
force. 

The  said  W.  X.  and  Y.  Z.  are  not  to  be  liable  or  responsible,  in  any  way, 
for  the  debts  or  liabilities  of  said  vessel. 

In  witness  whebeof,  the  said  A.  B.  and  0.  D.  have  hereunto  set  their 
hands  and  seals,  this        day  of  ,  18    . 

In  presence  of  Signatures  and  seals.} 

[Signature  of  witness.} 

479.  Acknowledgment  of  a  Chattel  Mortgage. 

State  of  ,  ) 

County  of  .  )     ' 

Be  it  known,  that  on  the        day  of  ,  one  thousand  eight  hundred 

and        ,  before  me,  M.  N.,  a  notary  public  for  the  State  of  ,  duly 

commissioned  and  sworn,  dwelling  in  the  city  of  ,  came  A.  B.  and 

0.  D.,  to  me  well  known  to  be  the  individuals  described  in  and  who  ex- 
ecuted the  foregoing  instrument,  and  severally  acknowledged  that  they  had 
executed  the  same  as  and  for  their  voluntary  act  and  deed. 

Witness  my  hand  and  oflBcial  seal,  the  day  and  year  above  written. 

[Seal.}  [Signature  and  title.} 

480.  Annual  Statement  of  Amount  Claimed.{a) 

Statement  filed  by  Y.  Z.,  the  mortgagee  in  the  mortgage  of  which  the 
annexed  is  a  copy : 

I,  Y.  Z.,  the  mortgagee  mentioned  in  the  mortgage  of  \rhich  the  annexed 
[or,  within]  is  a  true  copy,  do  hereby  certify  that  the  sum  of  dollars 

and  interest  thereon  from  the  day  of  ,  18    ,  is  still  due  on  said 

mortgage ;  which  sum  constitutes  the  amount  of  my  interest  in  the  prop- 
erty therein  mentioned  and  described. 

Dated  ,  the      day  of  ,  18  .  [Signature  of  )l£ortgagee.} 

481.  The  Sarnie;  Where  the  Mortgage  is  Claimed  as  Security  for  Contin- 
gent or  Unliquidated  Demands. 

Statement  filed  by  Y.  Z.,  the  mortgagee  in  the  mortgage  of  which  the 
annexed  is  a  true  copy : 

(a)  It  is  not  a  sufBcient  statement  to  in-  There  must  be  a  statement  exhibiting  the 
dorse  on  the  mortgage  already  on  file,  that  interest  of  the  mortgagee.  Fitch  t.  Hum  ■ 
it  is  refiled  and  renewed,  with  the  date,    phrey,  1  Den.,  163. 


CHATTEL  MORTGAGES.  239 

Notice  of  Sale. 

I,  Y,  Z.,  the  mortgagee  named  in  the  mortgage  of  which  the  annexed 
[or,  within]  is  a  true  copy,  do  hereby  certify  that  the  following  notes,  men- 
tioned in  Paid  mortgage,  all  dated  the  day  of  j  18  ,  are  wholly 
unpaid — to  wit  [enumerating  theni]. 

And  I  claim  the  said  property,  by  virtue  of  said  mortgage,  to  the  amount 
of  said  unpaid  notes  and  interest  as  aforesaid.  And  I  further  claim  the 
said  property  as  security  to  me  against  any  liability  for  or  on  account  of  my 
having  indorsed  the  note  of  therein  mentioned,  which  note  is  still 

unpaid;  and  the  said  unpaid  notes  of  and  interest,  and  security 

against  my  indorsement  of  said  note  of  ,  constitute  my  interest  in 

the  property  described  in  said  mortgage. 

Dated  ,  the        day  of  ,  18.  [Signature  of  Mortgagee.} 


482.  Notice  of  Sale  Under  Mortgage. 

By  virtue  of  a  chattel  mortgage  executed  by  A.  B.  to  Y.  Z.,  dated  the 
day  of  ,  18    ,  and  filed  in  the  office  of  the  county  clerk  of  the 

county  of  [or,  the  town  clerk  of  the  town  of  ,  or,  the  register 

of  the  city  and  county  of  New  York],  on  the        day  of  ,  18    ,  and 

upon  which  default  has  been  made,  I  will  expose  for  sale  at  public  auction, 
on        day,  the        day  of  ,  18    ,  at     o'clock,  in  the    noon,  at 

[designating  the  particular  place  of  sale],  the  property  mortgaged,  consist- 
ing of  187  horses,  35  stages,  16  sleighs,  250  tire  bolts,  800  weight  of  iron, 
800  weight  of  steel,  two  large  iron  safes.  [The  terms  of  sale  to  be  made 
known  on  the  day  of  8ale.](6) 

Dated  ,  the       day  of  ,  18    . 

[Signature  of  attorney  or  auctioneer.] 

483.  Terms  of  Sale. 

Tbems  of  sale. — One-third  of  the  amount  of  the  purchase-money  la 
cash,  payable  immediately  after  the  sale,  to  the  trustees  named  in  the  mort- 


The  balance  of  said  purchase-money  in  twelve  equal  monthly  payments, 
for  which  approved  indorsed  promissory  notes,  bearing  interest  from 
date,  falling  due  on,  etc.,  are  to  be  given,  and  the  purchaser  to  execute  an 
approved  chattel  mortgage  to  the  said  trustees  on  the  property  so  sold  to 
him,  to  secure  the  payment  of  the  said  promissory  notes ; — notes  and  mort- 
gage to  be  given  in  five  days  from  the  purchase  hereof. 

Property  to  be  delivered  when  notes  are  given  and  mortgage  executed. 

If  the  purchaser  does  not  comply  with  the  terms  of  sale,  then  the  prop- 
erty to  be  resold  at  his  expense  and  loss,  and  no  benefit  to  accrue  to  him 
on  such  resale,  and  he  will  be  held  responsible  for  any  deficiency  from  his 
bid. 

Date.] 

(6)  In  large  transactions,  where  written  next  form,  this  clause  is  inserted.  Usually 
terms  of  sale  are  to  be  prepared,  as  in  the    it  may  ba  admitted. 


240  ABBOTTS'  FORMS. 


Clerks  and  Criers. 


484.  Pv/rchaser's  Memorandum.^c) 

I  have  purchased  the  above  property  for  the  sum  of  dollars,  on  the 

terms  above  set  forth.  [Signature  of  purchaser.] 

485.  Notice  of  Adverse  Claim,  Read  at  the  Sale,  to  Warn  Purchasers. 

I,  M.  N.,  hereby  give  notice,  that  I  have  a  moi^tgage  on  the  property  of 
A.  B.,  now  offered  for  sale,  which  is  of  prior  date  to  the  mortgage,  under 
which  tliis  sale  takes  place,  being  dated  ,18    ,  which  was  then 

duly  filed ;  and  dollars,  with  interest  thereon,  from  the        day  of 

,18  ,  is  unpaid  on  my  said  mortgage,  and  is  now  due  and  col- 
lectable. Whosoever  buys  this  property,  must  buy  it  subject  to  my  mort- 
gage. 


CHAPTEE  XXII. 

CLERKS  AND  CRIERS. 


The  powers  and  duties  of  clerks  of  court  are  generally  prescribed  by  stat 
ute.  II"  a  clerk  has  by  law  a  deputy,  acts  which  are  in  their  nature  ministerial, 
such  as  signing  and  sealing  papers,  may  be  done  in  the  clerk's  name  by  the 
deputy.(a) 

The  laws  of  New  York(6)  require  clerks  of  counties  and  of  courts  of  record, 
and  the  register  of  deeds  in  the  city  of  New  York,  and  the  clerk  of  the  City 
Court  of  Brooklyn,(c)  to  keep  open  oflSce  every  day,  except  Simdays  and  holi- 
days, in  the  county  of  New  York,  from  9  A.  M.  to  4  P.  M. ;  and  in  other  covmties, 
between  March  21  and  October  1,  from  8  a.m.  to  6  P.  M.,  and  between  Septem- 
ber 30  and  April  1,  from  9  A.  M.  to  5  P.  M. 

The  following  forms  are  those  which  are  used  in  open  court  by  clerks  or 
criers.  Forms  of  judgments  and  other  records  in  actions  and  special  proceed- 
ings will  be  found  in  the  volumes  of  forms  in  Practice  and  Pleading ;  and 
forms  of  certificates  and  other  acts  of  various  kinds  will  be  found  under  their 
appropriate  heads  in  this  volume,  such  as  Acknowledgment  and  Proof  of 
Deeds,  Oaths,  Searches,  etc. 

PAGE 

486.  Proclamation  on  opening  court 242 

487.  Proclamation  for  sheriff  to  return  process 242 

488.  Proclamation  for  magistrates,  etc.,  to  return  recognizances,  etc 242 

489.  Proclamation  before  calling  grand-jury 242 

490.  Oath  of  the  foreman  of  the  grand-jury 242 

491.  Oath  of  grand-jurors 243 

492.  Proclamation  for  silence  on  charging  grand-jury 243 

(c)  This  is  written  at  the  foot  of  the        (6)  Laws  of  1860,  480,  chap.  276. 
terms  of  sale.  (c)  Laws  of  1868,  91,  chap.  66,  §  10. 

(a)  Lynch  v.  Livingston,   6  JV!  F.   (2 
Seld.),  422. 


CLEEKS  AND  CRIERS.  241 

Analysis  of  Chapter. 


PAOK 

493.  Proclamation  calling  constables 243 

494.  Proclamation  before  calling  petit-jury 248 

495.  Proclamation  for  imposing  fines 243 

496.  Proclamation  for  persons  to  appear  on  recognizances 243 

497.  Proclamation  for  persons  bound  to  answer 243 

498.  Proclamation  for  bail  to  produce  principal 243 

'  499.  Proclamation  for  discharge  of  persons  against  whom  uo  bills  are  found. . . .  244 

50<^^.  Proclamation  for  discharge 244 

501.  Proclamation  for  arraignment  of  prisoners 244 

502.  Arraignment  of  person  indicted 244 

503.  Proclamation  for  petit-jury  on  the  same 244 

504.  Address  of  clerk  to  the  prisoner,  before  calling  the  jury 244 

505.  Oath  of  juror  on  a  trial  for  felony „ 244 

506.  Oath  of  trier  on  a  cliallenge  to  the  favor 245 

507.  Oath  of  a  witness  before  the  triers 245 

508.  Finding  of  the  triers 245 

509.  Proclamation  requiring  a  witness  under  recognizance  to  appear  and  testify..  245 
610.  Oath  of  a  witness  on  a  trial  for  felony 245 

511.  Proclamation  before  sentence  pronounced 245 

512.  Proclamation  before  calling  jury  on  a  trial  for  misdemeanor 245 

513.  Oath  of  juror  on  a  trial  for  misdemeanor 245 

514.  Oath  of  a  witness  on  a  trial  for  misdemeanor 245 

515.  Oath  of  a  witness  on  the  trial  of  a  justice,  on  charges 246 

516.  Address  of  the  clerk  on  taking  a  recognizance  to  appear 246 

517.  The  same ;  on  recognizance  to  keep  the  peace,  or  for  good  behavior 246 

518.  Taking  verdict  on  a  trial  for  felony 246 

519.  Polling  jury  in  the  same 246 

520.  Taking  verdict  in  other  criminal  cases 247 

521.  Polling  jury  in  the  same 247 

522.  Proclamation  for  jury  in  a  civil  cause 247 

523.  Oath  of  jurors  in  a  civil  cause 247 

524.  Oath  of  triers  in  a  civil  cause,  upon  a  challenge  for  favor 247 

525.  Oath  of  witness  on  a  challenge  of  a  juror    247 

526.  Proclamation  for  plaintiff  to  appear  and  prosecute 248 

527.  Proclamation  for  defendant  on  an  inquest 243 

528.  Proclamation  calling  a  witness  to  answer  on  a  subpoBna 248 

529.  Oath  of  a  witness  to  give  testimony 248 

SSO.*^  The  same  by  the  uplifted  hand 248 

531.  Affirmation  of  witness 248 

532.  Oath  on  the  voire  dire 248 

533.  Entry  when  an  attachment  issues  against  a  witness 248 

534.  Oath  of  interpreter 248 

535.  Oatli  of  interpreter  to  a  deaf  and  dumb  witness 249 

536.  Oath  of  party,  or  interested  witness,  preliminary  to  evidence  of  the  contents 

of  a  paper  not  produced 249 

537.  Oatli  of  a  party,  or  interested  witness,  preliminary  to  proving  the  hand- 

writing of  a  subscribing  witness 249 

538.  Proclamation  for  adjournment 249 

5.39.  Proclamation  for  opening  court  after  adjournment 249 

540.  Oath  of  constables,  on  retiring  with  a  jury,  or  jurors,  on  leave 249 

541.  Oath  of  constables,  to  keep  jury  on  an  adjournment 249 

642.  Oath  of  constable  who  attends  the  jury  when  they  retire  to  consider  their 

verdict  in  civil  and  criminal  cases 250 

543.  Taking  verdict  in  a  civil  case 250 

544.  Entry  of  verdict 250 

16 


242  ABBOTTS'  FORMS. 


Proclamations  and  Oaths. 


PAQB 

545.  Entry  of  verdict,  with  assessment  of  value  of  personal  property 2n0 

546.  Entry  of  judgment 250 

547.  Taking  verdict  where  personal  property  is  in  question 251 

548.  Taking  verdict  in  actions  for  damages 251 

649.  Taking  verdict  in  cases  of  lunacy,  etc 251 

550.  Taking  verdict  in  action  for  recovery  of  real  property 251 

651.  Polling  jury  in  civil  cases 251 

652.  Oath  on  application  to  excuse  or  discharge  a  juror  or  constable 252 

653.  On  application  of  juror,  or  constable,  for  a  remission  of  fine 252 

554.  Oath  of  poor  witness,  on  application  for  expenses 252 

655.  Notice  of  drawing  a  jury 252 

556.  Notice  of  drawing  additional  jurors 252 


486.  Proclamation  on  Opening  Court. 

Hear  ye,  hear  ye,  hear  ye :  All  manner  of  persons  that  have  any  business 
to  do  at  this  [here  name  the  court — e.  g.,  thus ;]  Circuit  Court  and  Court  of 
Oyer  and  Terminer,  held  in  and  for  the  county  of  ,  let  them  draw- 

near  and  give  their  attendance,  and  they  shall  be  heard. 


487.  Proclamation  for  Sheriff  to  Return  Process. 

Sheriff  of  the  county  of  :  Eeturn  the  writs  and  precepts  to  you 

directed  and  delivered,  and  returnable  here  this  day,  that  the  court  may 
proceed  thereon. 

488.  Proclamation  for  Magistrates^  etc.,  to  Return  Recognizances,  etc. 

All  justices  of  the  peace,  coroners,  sheriffs  and  other  officers,  who  have 
taken  any  recognizances,  examinations  or  other  matters :  return  the  same 
to  the  court  here,  that  they  may  proceed  thereon. 

489.  Proclamation  Before  Galling  Cfrand-Jury. 

You,  good  men,  who  are  here  returned  to  inquire  for  the  People  of  the 
State  of  New  York,  for  the  body  of  the  county  of  :  answer  to  your 

names,  every  man;  at  the  first  call,  and  save  your  fines.     [Eere  call  them 
"by  name,  one  by  one  in  their  order.] 

490.  Oath  of  the  Foi'eman  of  the  Grand-Jury. 

You,  as  foreman  of  this  grand  inquest,  shall  diligently  inquire,  and  true 
presentment  make,  of  all  such  matters  and  things  as  shall  be  given  to  you 
in  charge ;  the  counsel  of  the  people,  of  your  fellows,  and  your  own,  yoo 
shall  keep  secret :  you  shall  present  no  one  from  envy,  hatred  or  malice ; 
nor  leave  any  one  unpresented,  for  fear,  favor,  affection,  reward  or  the 
hope  of  rew^ard ;  but  you  shall  present  all  things  truly,  as  they  come  to  yoiii 
knowledge,  according  to  the  best  of  your  understanding.    So  help  you  God. 


CLERKS  AND  OEEERS.  243 


Proclamations  and  Oaths. 


491.  Oath  of  Orand-Jurors. 

The  same  oath  your  foreman  has  taken  on  his  part,  you  and  each  of  you 
shall  truly  observe  and  keep  on  your  part.     So  help  you  God. 


492.  Proclamation  for  Silence  On  Charging  Grand-Jury. 

All  persons  are  strictly  charged  and  commanded  to  keep  silence,  while 
the  court  is  giving  the  charge  to  the  grand-jury,  on  pain  of  imprisonment. 

493.  Proclamation  Calling  Constables. 

Constables  of  the  county  of  :  Answer  to  your  names,  every  man, 

at  first  call,  and  save  your  fines. 


494.  Proclamation  Before  Calling  Petit-Jury. 

Hear  ye,  hear  ye,  hear  ye:  You,  good  men,  who  are  here  returned,  to 
try  the  several  issues  to  be  tried  at  this  Circuit  Court  and  Court  of  Oyer 
and  Terminer,  held  in  and  for  the  county  of  ,  answer  to  your  names 

at  the  first  call,  and  save  your  fines. 


495.  Proclamation  for  Imposing  Fines. 

Hear  ye,  hear  ye,  hear  ye :  The  court  have  imposed  a  fine  of  dollars, 
upon  each  of  the  following  persons,  for  non-attendance  as  grand-jurors  [or, 
petit-jurors ;  or,  constables],  at  this  court — ^to  wit :  A.  B.,  of         ,  etc.,  etc. 

496.  Proclamation  for  Persons  to  Appear  On  Recognizances. 

Hear  ye,  hear  ye,  hear  ye:  All  manner  of  persons  who  are  bound  by 
recognizances  to  prosecute,  or  prefer,  any  bill  of  indictment,  against  any 
prisoner  or  other  person,  let  them  come  forth  and  prosecute,  or  they  will 
forfeit  their  recognizances. 

497.  Proclamations  for  Persons  Bound  to  Answer, 

Hear  ye,  hear  ye,  hear  ye :  A.  B,,  come  forth  and  answer  to  your  name, 
and  save  yourself  and  bail,  or  you  will  forfeit  your  recognizance. 

498.  Proclamation  for  Bail  to  Produce  Principal. 

Hear  ye,  hear  ye,  hear  ye :  C.  D.  and  E.  F.,  bring  forth  A.  B.,  your  prin- 
cipal, whom  you  have  undertaken  to  have  here  this  day,  or  you  will  forfeit 
your  recognizance. 


244  ABBOTTS'  FORMb. 


Proclamations  and  Oaths. 


499.  Proclamation  for  Discharge  of  Persons  Against  Whom  No  Bills  are 

Found. 

Hear  ye,  hear  ye,  hear  ye :  If  any  man  can  show  cause  why  A.  B.  should 
stand  longer  bound  [o?-,  imprisoned],  let  him  come  forth,  and  he  shall  be 
heard,  for  he  stands  upon  his  discharge.  ^ 


500.  Proclamation  for  Discharge. 

Hear  ye,  hear  ye,  hear  ye :  No  cause  bemg  shown  why  A.  B.  should 
longer  remain  in  custody  of  the  sheriff  of  the  county  of  ,  he  is 

discharged. 

501.  Proclamation  for  Arraignment  of  Prisoners. 

All  persons  are  strictly  charged  and  commanded  to  keep  silence  while  the 
court  proceed  to  arraign  the  prisoners  on  indictment  for  felony. 

502.  Arraignment  of  a  Person  Indicted. 

[After  reading  the  indictment  to  the  prisoner ;  or  saying  to  him,]  The 
grand-jury  have  indicted  you  for  a  felony  [or,  a  misdemeanor],  and  stating 
the  facts  charged  in  the  indictment.] 

Do  you  demand  a  trial  on  this  indictment?  [Or,  do  you  plead  guilty  or 
not  guilty  to  this  indictment?] 

503.  Proclamation  for  Petit-Jury  On  the  Same. 

You,  good  men,  who  are  here  returned  to  inquire  between  the  People  of 
the  State  of  New  York,  and  A.  B.,  the  prisoner  at  the  bar,  answer  to  your 
names  as  you  are  called,  and  save  your  fines. 

504.  Address  of  Clerk  to  the  Prisoner,  Before  Calling  the  Jury. 

A.  B. :  These  good  men  that  you  shall  now  hear  called,  are  the  jurors 
who  are  to  pass  between  the  People  of  the  State  of  New  York  and  you  [or, 
if  a  capital  case,  to  pass  upon  your  life  and  death] ;  if,  therefore,  you  will 
challenge  them  as  they  come  to  the  book  to  be  sworn,  and  before  they  are 
sworn,  you  shall  be  heard.  [The  crier  then  calls  the  jurors,  one  at  a  time, 
as  they  are  drawn  iy  the  clerk  ;  and  when  the  juror  comes  to  the  stand,  and 
is  ready  to  he  sworn,  the  clerk  says :  Juror,  look  upon  the  prisoner ;  prisoner, 
look  upon  the  juror.] 

505.  Oath  of  Juror  On  a  Trial  for  Felony. 

You  shall  well  and  truly  try,  and  true  deliverance  make,  between  the 
People  of  the  State  of  New  York,  and  A.  B.,  the  prisoner  at  the  bar,  whom 
you  shall  have  in  charge,  and  a  true  verdict  give,  according  to  the  evidence. 
So  help  you  God. 


CLERKS  AND  CRIERS.  245 

Proclamations  and  Oaths. 

606.  Oath  of  Trier  On  a  Challenge  to  the  Favor. 

You  shall  well  and  truly  try  and  find  whether  M.  N.,  the  juror  chal 
lenged,  stands  indiflfereut  between  the  People  of  the  State  of  New  York  and 
the  prisoner  at  the  bar.    So  help  you  God. 

507.  Oath  of  a  Witness  Before  the  Triers. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you, 
touching  the  challenge  of  M.  N.,  as  a  juror.     So  help  you  God. 

508.  Finding  of  the  Triers. 
The  finding  is,  that  M.  N.  stands  indifferent  [or,  not  indifferent]. 

509.  Proclamation  Hequiring  a  Witness  Under  Recognizance  to  Appear 

and  Testify. 

Hear  ye,  hear  ye,  hear  ye:  G.  H.,  who  is  bound  by  recognizance  to  give 
evidence  against  A.  B.,  the  prisoner  at  the  bar,  come  forth,  answer  to  your 
name,  and  give  evidence,  or  you  will  forfeit  your  recognizance. 

510.  Oath  of  a  Witness  On  a  Trial  for  Felony. 

The  evidence  you  shall  give  between  the  People  of  the  State  of  New 
York  and  A.  B.,  the  prisoner  at  the  bar,  shall  be  the  truth,  the  whole 
truth,  and  nothing  but  the  truth.     So  help  you  God. 

511.  Proclamation  Before  Sentence  Pronounced. 

Hear  ye,  hear  ye,  hear  ye :  All  manner  of  persons  are  commanded  to 
keep  silence,  while  judgment  is  given  against  the  prisoner  at  the  bar,  upon 
pain  of  imprisonment. 

512.  Proclamation  Before  Galling  Jury  On  a  Trial  for  Misdemeanor. 

You,  good  men,  who  are  here  returned  to  try  this  issue  of  traverse, 
between  the  People  of  the  State  of  New  York  and  A.  B.,  the  defendant, 
answer  to  your  names  as  you  are  called,  and  save  your  fines. 

513.   Oath  of  Juror  On  a  Trial  for  a  Misdemeanor. 

You  shall  well  and  truly  try  this  issue  of  traverse  between  the  People  of 
the  State  of  New  York  and  A.  B.,  the  defendant,  and  a  true  verdict  give 
therein,  according  to  the  evidence     So  help  you  God. 

514.   Oath  of  a  Witness  On  a  Trial  for  a  Misdemeanor. 
The  evidence  you  shall  give  in  this  issue  of  traverse,  between  the  People 
of  the  State  of  New  York  and  A.  B.,  the  defendant,  shall  be  the  truth,  the 
whole  truth,  and  nothing  but  the  'ruth.     So  help  you  God. 


246  ABBOTTS'  FORMS. 


Taking  Recognizances,  Verdicts,  etc. 


515.  Oath  f>f  Witness  On  the  Trial  of  a  Justice^  On  Charges. 

The  evidence  you  shall  give  hetween  the  People  of  the  State  of  New  York 
and  Y.  Z,,  on  charges  made  against  him  as  a  justice  of  the  peace,  shall  he 
the  truth,  the  vi^hole  truth,  and  nothing  but  the  truth.     So  help  you  God. 

516.  Address  oftJie  Clerk  on  Talcing  a  Recognizance  to  Appear. 

You  [and  each  of  you]  acknowledge  yourself  [or,  yourselves]  to  be  in- 
debted to  the  People  of  the  State  of  New  York  in  the  sum  of  dollars 
[or,  to  wit :  you  A.  B.  in  the  sum  of  $300,  and  you  C.  D.  in  the  sum  of 
$200]  to  be  levied  of  your  [and  each  of  your]  goods  and  chattels,  lands  and 
tenements,  to  the  use  of  the  said  people,  if  default  shall  be  made  in  the 
condition  following — to  wit :  The  condition  of  this  recognizance  is  such, 
that  if  you  [or,  the  said  A.  B.]  shall  appear  at  the  next  Court  of  Sessions 
[or,  of  Oyer  and  Terminer]  to  be  held  in  and  for  the  county  of  ,  then 
and  there  [or,  from  day  to  day  during  the  sitting  of  the  court]  to  answer  * 
and  stand  trial  upon  a  certain  indictment  against  you  [or,  to  testify  and  give 
evidence  on  the  trial  of  a  certain  indictment  against  M.  N.]  for  felony  [or^ 
misdemeanor],  and  not  depart  the  court  without  leave,  and  abide  its  order 
and  decisions,  then  this  recognizance  to  be  void ;  otherwise,  to  remain  in 
full  force  and  virtue.    Are  you  [and  each  of  you]  content  ? 

517;  The  Same ;  On  Recognizance  to  Keep  the  Peace,  or  for  Good  Behavior. 

[As  in  the  preceding  form  to  the  *,  and  then  continuing  /]  to  answer  and 
stand  trial  upon  a  certain  indictment  against  him,  for  [state  the  offence'],  and 
shall  also  in  the  mean  wliile  keep  the  peace  towards  Y.  Z.  and  all  the  other 
good  people  of  this  State  [or,  and  shall  also  in  the  mean  while  be  of  good 
behavior],  then  this  recognizance  to  be  void ;  otherwise,  to  remain  in  full 
force  and  virtue.    Are  you  and  each  of  you  content  ? 

518.  Talcing  Verdict  On  a  Ti-ial  for  Felony. 

Gentlemen  of  the  jury :  Please  answer  to  your  names.  [Here  call  them 
one  'by  one.]  Have  you  agreed  upon  your  verdict  ?  [After  the  answer,  say ;] 
Jurors,  look  upon  the  prisoner.  Who  shall  say  for  you?  [The  foreman 
rises.]  How  say  you  ?  do  you  find  the  prisoner  at  the  bar  guilty  of  the 
felony  [or,  murder]  whereof  he  stands  indicted ;  or  not  guilty?  [The  fore- 
man answers ;]  Guilty  [or,  Not  guilty].  [Then  the  clerk  adds:]  Hearken  to 
your  verdict,  gentlemen,  as  the  court  has  recorded  it.  You  say  you  find 
the  prisoner  at  the  bar  guilty  [or,  not  guilty]  of  the  felony  [or,  murder^ 
whereof  he  stands  indicted ;  and  so  you  say  all. 

519.  Polling  Jury  in  the  Same. 

[  "When  the  polling  of  the  jury  is  demanded,  the  clerk  will  "begin  with  th» 
first  name  on  the  panel :]  A.  B.,  how  do  you  find  the  prisoner  at  the  bar? 


CLERKS  AND  ORIEES.  247 


Proclamations,  Oaths,  etc. 


guilty  or  not  guilty?  [When  the  foreman  has  answered^  call  the  next  juror, 
as  follows  .•]  0.  D.,  is  that  your  verdict  ?  [Then  proceed  in  the  same  manner 
through  the  whole  panel,  and  when  all  have  anmered,  say :]  Then,  gentlemen 
of  the  jury,  hearken  to  your  verdict  as  the  court  has  recorded  it.  You  say 
you  find  the  prisoner  at  the  bar  *  guilty  of  the  felony  [or,  murder]  whereof 
Le  stands  indicted ;  and  so  you  say  all. 

520.  Talcing  Verdict  in  Other  Criminal  Cases. 

Gentlemen  of  the  jury :  Please  answer  to  your  names.  [Here  call  them 
one  by  07ie.]  Have  you  agreed  u2)on  your  verdict?  [After  the  answer  is 
given,  say :]  "Who  shall  say  for  you  ?  [The  foreman  rises.]  How  say  you  ? 
do  you  find  the  prisoner  at  the  bar  guilty  of  the  misdemeanor  [or,  assault 
and  battery,  and  riot ;  or,  riot ;  or,  ofience ;  or,  crime]  whereof  he  stands  in- 
dicted; or  not  guilty?  [The  foreman  answers:]  Guilty  [or,  Not  guilty]. 
[Then  the  clerk  adds :]  Hearken  to  your  verdict,  gentlemen,  as  the  court 
has  recorded  it.  You  say  you  find  the  prisoner  at  the  bar  guilty  [or,  not 
guilty]  of  the  misdemeanor  [or,  assault  and  battery,  and  riot ;  or,  riot ;  or, 
offence;  or,  Crime]  whereof  he  stands  indicted ;  and  so  you  say  aU. 

521.  Polling  Jury  in  the  Same. 

[As  in  Form  519  to  the  *  and  then  concluding  thu^:]  guilty  of  the  mis- 
demeanor [or,  assault  and  battery,  and  riot ;  or,  riot ;  or,  offence  ;  or,  crime] 
whereof  he  stands  indicted;  and  so  you  say  all. 

522.  Proclamation  for  Jury  in  a  Civil  Cause. 

Hear  ye,  hear  ye,  hear  ye:  You,  good  men,  who  are  here  impanelled 
and  returned  to  try  this  issue,  joined  between  A.  B.,  plaintiff,  and  Y.  Z., 
defendant,  answer  to  your  names  as  you  are  called,  and  save  your  fines. 

523.  Oath  of  Jurors  in  a  Civil  Cause, 

You  and  each  of  you  shall  well  and  truly  try  the  several  issues  which 
you  shall  have  in  charge  at  this  Circuit  Court,  and  true  verdict  give  in  them 
respectively,  according  to  evidence.     So  help  you  God. 

524.   Oath  of  Triers  in  a  Civil  Cause,  Upon  a  Challenge  for  Favor. 

You  shall  well  and  truly  try,  and  truly  find,  whether  E.  F.,  the  juror 
challenged,  stands  indifferent  between  A.  B.,  plaintiff,  and  Y.  Z.,  defendant, 
in  the  issue  about  to  be  tried.    So  help  you  God. 

525.  Oath  of  Witness  On  a  Challenge  of  a  Juror. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you, 
touching  the  challenge  of  E.  E.,  a  juror.     So  help  you  God. 


248  ABBOTTS'  FOEMS. 


Proclamations,  Oaths,  etc. 


526.  Proclamation  for  Plaintiff  to  Appear  and  Prosecute. 
A.  B.,  appear  and  prosecute  your  action,  or  your  default  will  be  entered. 

627.  Proclamation  for  Defendant  on  An  Inquest. 

Y.  Z.,  come  forth  and  make  yonr  challenges,  or  you  will  lose  your  chal- 
lenges, and  inquest  will  be  taken  against  you  by  default. 

528.  Proclamation  Calling  a  Witness  to  Answer  on  a  Subpoena. 

M.  N.,  come  forward  and  testify  in  this  issue,  joined  between  A.  B., 
plaintiff,  and  T.  Z„  defendant,  according  to  the  command  of  a  subpoena 
therein  served  on  you,  or  your  default  will  be  entered. 

529.  Oath  of  a  Witness  to  Give  Testimony. 

You  do  swear  that  *  the  evidence  you  shall  give  in  this  matter  in  differ- 
ence between  A.  B.,  plaintiff,  and  Y.  Z.,  defendant,  shall  be  the  truth,  the 
whole  truth,  and  nothing  but  the  truth,  t    So  help  you  God. , 

530.  The  Same;  By  the  Uplifted  Hand. 

You  do  swear,  in  the  presence  of  the  ever-living  God,  that  [continuing  at 
in  precedi-ng  form  from  the  *  to  the  end\ 

531.  Affirmation  of  Witness. 

You  do  solemnly,  sincerely,  and  truly  declare  and  aflSrm  that  [continuing 
as  in  Form  529  from  the  *  to  the  t]. 

532.  Oath  on  the  Voire  Dire. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you, 
touching  your  interest  in  the  event  of  this  cause.     So  help  you  God. 

583.  Entry  When  An  Attachment  Issues  Against  a  Witness. 


The  People 

agt. 

Y.    Z. 


On  reading  and  filing  an  affidavit  of  the  due  service  of  a  subpoena  on  M. 
N.,  to  appear  here  this  day  as  a  witness  on  the  trial  of  this  indictment,  and 
he  being  called  and  not  appearing,  and  on  motion  of  Q.  E.,  Esq.,  district 
attorney,  ordered  that  an  attachment  issue  against  the  said  M.  N. 

534.  Oath  of  Interpreter. 

You  shall  truly  interpret  between  the  court,  the  jury,  the  counsel  and 
the  witness,  E.  F.,  in  this  issue  joined  between  A.  B.,  plaintiff,  and  Y.  Z., 
defendant    So  help  you  God. 


CLEEKS  AND  CRIERS.  249 


Proclamations,  Oaths,  etc. 


535.  Oath  of  Interpreter  to  a  Deaf  and  Dumb  Witness. 

You  shall  well  and  truly  interpret  between  the  court,  the  jury,  the  coun 
sel  and  the  witness,  K  F.,  here  produced  in  behalf  of  A.  B.,  in  this  issue 
joined  between  A.  B.,  plaintiff,  and  Y.  Z.,  defendant.     So  help  you  God. 

536.  Oath  of  Party,  or  Interested  Witness,  Preliminary  to  Evidence  of  the 

Contents  of  a  Paper  Not  Prodiieed. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you 
touching  the  power  or  control  you  have  over  any  paper  or  the  loss  or  de- 
struction of  any  paper  which  would  be  proper  evidence  in  this  cause.  So 
help  you  God. 

537.  Oath  of  a  Party,  or  Interested  Witness,  Preliminary  to  Proving  the 

Handwriting  of  a  Subscribing  Witness. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you 
touching  your  [or,  the  plaintiff's ;  or,  defendant's]  ability  to  procure  the 
attendance  of  G.  H.,  a  subscribing  witness  to  this  paper  [or,  the  paper  in 
question].    So  help  you  God. 

538.  Proclamation  for  Adjournment. 
Hear  ye,  hear  ye,  hear  ye :  All  manner  of  persons  who  have  any  further 
business  to  do  at  this  Circuit  Court  and  Court  of  Oyer  and  Terminer  may 
depart  hence,  and  appear  here  again  to-morrow  morning,  at        o'clock,  to 
which  time  these  courts  are  adjourned. 

539.  Proclamation  for  Opening  Court  After  Adjournment. 

Hear  ye,  hear  ye,  hear  ye :  All  manner  of  persons  who  have  been  ad- 
journed over  to  this  hour,  and  have  any  further  business  to  do  at  this  Cir- 
cuit Court  and  Court  of  Oyer  and  Terminer  ma^  draw  near,  and  give  their 
attendance,  and  they  shall  be  heard. 

540.  Oath  of  Constables,  on  Retiring  With  a  Jury,  or  Jurors,  on  Leave. 

You  shall  retire  with  such  jurors  as  have  leave  of  absence  from  this 
court ;  you  shall  not  speak  to  them  yourself  in  relation  to  this  trial,  nor 
suffer  any  person  to  speak  to  them ;  and  you  shall  return  with  them  with- 
out delay.    So  help  you  God. 

541.  Oath  of  Constables  to  Keep  Jury  on  An  Adjournment. 

You  shall  retire  with  the  jury  to  some  convenient  room,  to  be  furnished 
by  the  sheriff;  you  shall  not  suffer  any  person  to  speak  to  them,  nor  speak 
to  them  yourself  in  relation  to  this  trial,  and  you  shall  return  with  them  at 
the  order  of  the  court.     So  help  you  God. 


250  ABBOTTS'  FORMS. 


Verdict.  Entries.  Judsrment. 


542.  Oath  of  Constable  Who  Attends  the  Jury,  When  They  Retire  to  Con- 
sider their  Verdict  in  Civil  and  Criminal  Gases. 

You  shall  well  and  truly  keep  every  person  sworn  on  this  jury,  in  some 
private  and  convenient  place,  without  meat  or  drink,  water  excepted  ;  you 
shall  not  suffer  any  person  to  speak  to  them,  nor  speak  to  them  yourself, 
without  leave  of  the  court,  except  it  be  to  ask  them  whether  they  have 
agreed  on  their  verdict,  mitil  they  have  agreed  on  their  verdict.  So  help 
you  God. 

543.  Talcing  Verdict  in  a  Civil  Cause. 

Gentlemen  of  the  jury :  Please  answer  to  your  names.  [Call  them  one 
hy  one.]  Have  you  agreed  upon  your  verdict  ?  *  How  do  you  find  ?  [The 
foreman  states  the  finding  of  the  jury  ;  the  clerh  then  enters  the  verdict  and 
continues  ;]  Gentlemen,  listen  to  your  verdict  as  it  stands  recorded.  Yo" 
say  you  find  [etc.,  as  the  finding  may  J«] ;  and  so  you  say  alL 


544.  Entry  of  Verdict. 

Supreme  Court, 

A.  B.         J      County  of  ,     At  a  circuit  court  held  in  and  for 

against       >  said  county,  on  the        day  of  j  18    ,  before  J.  K., 

Y.  7..        )  Esq.,  justice. 

JUROES. 

[Insert  names.] 

WITNESSES. 

[Insert  names.] 
Verdict  for  defendant  [or,  verdict  for  plaintiff,  damages,  $  ;  or, 

verdict  for  plaintiff  against  defendant,  Y.  Z.,  damages,  $  ,  and  verdict 

for  the  defendant,  E.  F. ;  or,  if  it  he  a  special  verdict,  insert  the  same  at 
length].*  [Signature  of]  Clerk. 

545.  Entry  of  Verdict,  Jp'ith  Assessment  of  Value  of  Personal  Property. 

Supreme  Court, 

A.  B.         ^       County  of,  etc.  [as  in  the  preceding  form  to  the  *,  and 

against       >  then  add :]  and  the  jury  assess  the  value  of  the  said  [men- 

Y.  Z.         )  tion  the  property  in  question]  at        dollars  :  [If  necessary 

add :  and  they  further  assess  the  damages  of  the  said  defendant  by  occasion 

of  the  delivery  and  detention  of  the  said  property,  at  dollars.] 

[Signature  of]  Clerk. 

646.  Entry  of  Judgment. 

Supreme  Court, 

A.  B.         J      Judgment, 
against       >  [Date.] 

Y   Z  )      This  cause  being  at  issue  upon  the  facts  and  a  trial  by 


CLERKS  AND  CEIERS.  251 

Taking  Verdicts.  Polling  Jury. 

jury  having  been  had,  on  which  a  verdict  was  found  for  the  plaintiff,  that, 
etc.  [state  the  finding  ;  or^  if  there  was  no  jury,  say  :  and  the  same  having 
been  submitted  to  the  court,  decision  was  rendered,  etc.] 

Now,  on  motion  of  G.  H.,  attorney  for  the  plaintiff,  it  is  ordered  and  ad- 
judged by  the  said  court,  that,  etc.  [as  the  verdict  may  Je].  Clerk. 


547.   Taking   Verdict)  Where  Personal  Property  is  in  Question.     . 

[As  in  Form  543  to  the  *,  and  then  continue:]  How  do  you  find?  [The 
foreman  answers :  We  find  the  title  of  the  horse  in  question  to  be  in  the 
plaintiff,  and  assess  the  value  thereof  at  one  hundred  dollars.  [The  clerk 
enters  the  verdict,  and  then  adds  ;]  Gentlemen,  listen  to  your  verdict  as  it 
stands  recorded.    You  say  you  find,  etc.  [as  above] ;  and  so  you  say  all. 

548.  Talcing  Verdict  in  Actions  For  Damages. 

[As  in  Form  543  to  the  *,  and  then  continue ;]  How  do  you  find  ?    [The 
foreman  answers :    We  find  for  the  defendant ;  or,  We  find  for  the  plaintiff 
dollars  damages.     [The  cleric  enters  the  verdict,  and  again  repeats 
the  finding,  and  makes  the  inquiry,  as  in  the  preceding  form.] 

549.  Taking  Verdict  in  Cases  of  Lunacy,  etc. 

[As  in  Form  543  to  the  *,  and  then  continue :]  How  do  you  find  ?  [The 
foreman  answers :  We  find  that  A.  B.  is  a  lunatic,  of  unsound  mind,  and 
incapable  of  managing  or  conducting  his  affairs ;  or,  that  A.  B.  was  of  un- 
sound mind  at  the  time  of  the  execution  of  the  will  [or,  deed]  in  question 
— to  wit :  on  the        day  of  »  18    ,  and  incompetent  to  execute  the 

same ;  or,  that  A.  B.  was  of  unsound  mind,  and  incompetent  to  contract 
matrimony,  at  the  time  of  the  solemnization  of  the  marriage  to  E.  D. — to 
wit:  on  the        day  of  ,  18     .]     [The  clerk  then  enters  the  verdict, 

repeats  the  finding,  and  makes  the  inquiry,  as  in  Form  547.] 

650.  Taking  Verdict  in  Action  For  Recovery  of  Real  Property. 

[As  in  Form  543  to  the  *,  and  then  continuing :  ]  How  do  you  find  ?  [The 
foreman  answers :  We  find  the  title  of  the  land  in  question  to  be  in  the 
plaintiff;  or,  defendant:  If  there  is  a  claim  for  the  mesne  profits,  add:  and 
assess  the  damages  for  withholding  the  said  premises,  against  the  defendant, 
at  dollars.     ITie  clerk  enters  the  verdict,  repeats  the  finding,  and 

makes  the  inquiry,  as  in  Form  547.] 

651.  Polling  Jury  in  Civil  Cases. 

[When  the  polling  of  tjie  jury  is  demanded,  the  cleric  will  legin  with  the 
first  name  on  the  panel :] 

A.  B.,  you  say  you  find  [as  the  verdict  may  ie  :  after  the  answer  is  given, 
then  call  the  next  jv/ror].    C.  D.,  is  that  your  verdict  ?     [Proceed  in  this 


252  ABBOTTS'  FORMS. 


Oaths.  Drawing  Jury. 

manner  through  the  list,  and  when  all  have  answered,  say ;]  Then,  gentle- 
men of  the  jury,  hearken  to  the  verdict,  as  the  court  has  recorded  it.  You 
Bay  you  find  \as  the  verdict  may  he] ;  and  so  you  say  all. 

552.  Oath  on  Application  to  Excuse,  or  Discharge,  a  Juror  or  Constalle. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you, 
touching  your  application  [or,  the  application  for  and  in  behalf  of  E.  F.] 
to  be  discharged  [or,  excused]  from  attendance  as  a  juror  [or,  constable]  at 
this  court.    So  help  you  God. 

553.   On  Application  of  Juror,  or  Constable,  for  a  Remission  of  Fine. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you, 
touching  your  application  [or,  the  application  for  and  in  behalf  of  E.  F.] 
for  the  remission  of  your  [or,  his]  fine,  for  default  in  attending  as  a  juror 
for.  constable]  at  this  [or,  the  last]  term  of  this  court.    So  help  you  God. 

554.  Oath  of  Poor  Witness,  on  Application  for  Expenses. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you, 
touching  your  application  for  the  expenses  of  your  attendance  at  this  court, 
as  a  witness  in  behalf  of  the  people  of  this  State.    So  help  you  God. 

555.  Notice  of  Drawing  a  Jury. 

State  of  ,  County  of  ,  Cleric's  Office.    Notice  is  hereby 

given,  that  on  ,  the        day  of  ,  18   ,  a  panel  of  petit  and  grand 

jurors  will  be  drawn  at  this  office,  to  serve  at  a  Circuit  Court  and  Court  of 
Oyer  and  Terminer  [or.  Court  of  Sessions],  to  be  held  in  and  for  the  county 
of  ,  at  the  City  HaU.  in  the  city  of  ,  on  ,  the 

day  of  ,  18    .  [Signature  of]  Clerk. 

556.  Notice  of  Drawing  Additional  Jurors. 

State  of  ,  County  of  .    In  the  Court  of  the  State 

of  New  York.  Whereas,  in  my  opinion,  more  than  thirty-six  jurors  will 
be  required  to  attend  the  Circuit  Court  and  Court  of  Oyer  and  Terminer, 
to  be  next  held  in  and  for  the  county  of  ,  on  the        day  of 

next,  I  do  hereby  order  and  direct  that  twenty-four  additional  jurors,  to 
serve  at  said  court,  be  drawn  and  summoned  according  to  law. 

WiTNBss  my  hand,  the        day  of  ,  .  [Signature  of] 

Justice  of  the  Supreme  Court  of  the  State  of  New  York. 

State  of  ,  County  of  ,  Cleric's  Office.     Notice  is  hereby 

given,  that  on  ,  the  day  of  »  18    » in  pursuance  of  the 

foregoing  order  for  twenty-four  additional  jurors,  a  panel  of  petit-jurors 
will  be  drawn  at  tliis  office,  to  serve  at  a  Circuit  Court  and  Court  of  Oyer 
and  Terminer,  to  be  held  in  and  for  the  county  of  ,  at  the  City  Hall, 

in  the  city  of  on  ,  the        day  of  ,  18     . 

[Signature  of]  Clerk. 


CONTRACTS.  253 


General  Principles. 


CHAPTEE  XXm.  i 

CONTRACTS. 

The  law  requires  certain  contracts  to  be  reduced  to  writing  and  signed,  m 
order  to  give  them  binding  force.  The  object  of  this  is  to  prevent  misunder- 
standing, and  preclude  attempts  to  prove  important  contracts  by  false  or  loose 
verbal  testimony  in  cases  where  the  minds  of  the  parties  never  actually  met  in 
agreement.  The  statute  regulating  this  subject  is  called  the  Statute  of  Frauds. 
It  is  to  the  following  effect : 

In  the  following  cases,  every  agreement  is  void,  unless  such  agreement,  or 
some  note  or  memorandum  thereof,  expressing  the  consideration,(a)  be  in 
writing,  and  subscribed  by  the  party  to  be  charged  therewith  : 

1.  Every  agreement  that  by  its  terms  is  not  to  be  performed  within  one  year 
from  the  making  thereof ; 

2.  Every  special  promise  to  answer  for  the  debt,  default  or  miscarriage  of 
another  person ; 

3.  Every  agreement,  promise  or  undertaking,  made  upon  consideration  of 
marriage,  except  mutual  promises  to  marry. 

Every  contract  for  the  sale  of  any  goods,  chattels  or  things,  for  the  price  of 
fifty  dollars,  or  more,  is  void,  unless : 

1.  A  note  or  memorandum  of  such  contract  be  made  in  writing,  and  be  sub- 
scribed by  the  parties  to  be  charged  thereby ;  or, 

2.  Unless  the  buyer  shall  accept  and  receive  part  of  such  goods,  or  the  evi- 
dences, or  some  of  them,  of  such  things  in  action  ;  or, 

3.  Unless  the  buyer  shall,  at  the  time,  pay  some  part  of  the  purchase-money. 
No  interest  in  lands,  other  than  leases  for  a  term  not  exceeding  one  year, 

nor  any  trust  or  power  relating  to  lands,  can  be  created,  granted,  assigned,  siir- 
rendered  or  declared,  unless  by  act  or  operation  of  law,  or  by  a  deed  or  con- 
veyance, in  writing,  subscribed  by  the  party  creating,  granting,  assigning,  sur- 
rendering or  declaring  the  same,  or  by  his  lawful  agent,  thereunto  authorized 
by  writing  ;  but  this  does  not  affect  wills,  implied  trusts,  etc. 

Another  rule  of  law  haviijig  the  same  object  as  one  of  its  reasons,  is  that 
where  parties  have  reduced  their  intentions  to  writing,  the  terms  of  the 
written  instrument,  if  clear  and  unambiguous  in  themselves,  are  deemed  to  be 
the  best  evidence  of  what  is  intended.  And  the  writing  cannot  be  contradicted 
or  varied  by  parol  evidence  aiming  to  show  that  something  different  was  de- 
signed. 

A  written  contract  executed  by  an  agent  on  behalf  of  a  known  principal, 
ought  to  purport  on  its  face  to  be  the  contract  of  the  principal,  and  to  be  signed 
with  the  name  of  the  principal,  and  not  with  that  of  the  agent  alone.  A  per- 
son may  become  bound  by  any  mark  or  designation  he  sees  fit  to  adopt,  pro- 
vided he  signs  it  as  a  substitute  for  his  name,  and  intends  to  be  bound  by  it. 

No  technical  words,  or  order  of  words,  are  requisite  to  make  a  condition  pre- 
cedent or  subsequent,  but  it  depends  on  the  good  sense  and  plain  understand- 
ing of  the  contract,  and  the  acts  to  be  performed.  The  same  words  may  op- 
erate as  either  a  condition  precedent  or  subsequent,  according  to  the  nature  of 
the  transaction,  and  as  evincing  the  intention  of  the  parties.  The  precedency 
depends  not  upon  +he  order  of  the  clauses,  but  upon  the  order  of  time  in  which 
the  intent  of  the  transaction  requires  their  performance.  It  is  best,  therefore, 
to  have  the  conditions  distinctly  expressed,  that  there  may  be  no  doubt  of  the 
intention  in  this  respect. 

(a)  The  requirement  that  the  consider-  pealetl  in  New  York.  Laws  of  1863,  802, 
ation  be  expressed  has  recently  been  re-    chap.  464. 


254  ABBOTTS'  FORMS. 


Contracts. 


In  tlie  case  of  formal  and  important  contracts,  it  is  usual  to  aflBx  seals  and 
to  have  the  execution  attested  by  witnesses.  The  effect  of  the  latter  formality 
is  to  require  the  party  afterwards  seeking  to  prove  the  contract  in  court,  to  pro- 
duce the  same  witness  or  account  for  his  absence.  If  the  instrument  is  not 
attested  by  a  witness,  other  proof  may  be  resorted  to,  such  as  the  testimony  of 
the  party,  handwriting,  etc. 


PAGE 

657.  General  form  of  contract,  with  provision  for  liquidated  damages  in  case  of 

breach 254 

558.  Contract  executed  by  agents  or  attorneys  in  fact 255 

559.  Contract  declaratory  of  the  construction  of  a  previous  contract 255 

560.  Contract  with  a  clerk  or  workman 256 

561.  Contract  to  bind  a  minor  to  service  in  payment  for  his  passage-money 256 

562.  Acknowledgment  of  the  foregoing  contract 256 

563.  Railroad  construction  contract ; 257 

564.  Contract  by  oflBcers  of  a  corporation,  for  construction  of  a  locomotive  engine  269 

565.  Contract  for  the  construction  of  a  steamship 269 

666.  Contract  for  the  construction  of  engines  for  a  steamship 270 

567.  Contract  for  the  right  to  manufacture  a  patented  article,  paying  a  tariflfto 

the  patentee 271 

668.  Contract  between  author  and  publisher,  for  publication  of  a  book  upon  a 

copyright 272 

669.  Contract  for  sale  of  manuscript  and  copyright 278 

570.  Contract  between  printers  and  publishers,  for  publication  on  joint  account. .  274 

571.  Agreement  for  sale  and  purchase  of  personal  property. .... 275 

572.  Contract  for  sale  of  goods  at  a  price  to  be  fixed  by  appraisal 275 

578.  Contract  for  sale  of  stock  of  goods  and  good- will  of  business,  with  covenant 

in  restraint  of  the  vendor 276 

674.  Agreement  to  sell  shares  of  stock  in  a  corporation  or  joint-stock  company. .  277 

675.  Contract  for  sale  of  land 277 

576.  The  same  ;  with  building  loan 278 

677.  Contract  for  sale  of  farm  and  mill ;  payment  in  instalments 281 

578.  Stipulation  as  to  terms  of  purchase-money  mortgage 282 

579.  Stipulation  as  to  time  of  taking  possession  and  income 282 

680.  Stipulation  as  to  possession,  taxes,  etc 282 

581.  Provision  that  existing  insurance  shall  inure  to  the  benefit  of  the  purchaser.  288 

582.  Contract  of  several  persons  to  unite  in  a  purchase 283 

583.  Agreement  for  a  lease 283 

584.  Contract  for  building 284 

585.  Special  stipulations  which  may  be  inserted  according  to  the  nature  of  the 

case 284 

686.  Contract  for  masons'  work  of  a  building 285 

587.  Contract  to  build  party  wall 287 

588.  Agreement  for  changing  mortgage  security 288 

657.  General  Form  of  Contract^  With  Provision  for  Liquidated  Damages 
in  Case  of  Breach. 

Tms  AGKEKMEUT,  made  the  day  of  ,  one  thousand  eight  hun- 

dred and  ,  by  and  between  A.  B.,  of  the  town  of  ,  in  the 

county  of  ,  manufacturer,  of  the  first  part,  and  Y.  Z.,  of  , 

merchant,  of  the  second  part,  witnesseth  :  That  the  said  party  of  the  second 


OONTEACTS.  255 


General  Forms. 


part  covenants  and  agrees  to  and  with  the  party  of  the  first  part,  to  \here 
insert  the  suhject-matter  of  the  agreement].  And  the  said  party  of  the  first 
part  covenants  and  agrees  to  pay  unto  the  said  party  of  the  second  part,  for 
the  same,  the  sum  of  dollars,  lawful  money  of  the  United  States,  as 

follows  :  the  sum  of  dollars,  on  the  day  of  j  18    ,  and 

the  sum  of  dollars,  on  the  day  of  ?  18    ,  with  the  in- 

terest on  the  amount  due,  payable  at  the  time  of  each  payment. 

And  for  the  true  and  faithful  performance  of  all  and  every  of  the  cove- 
nants and  agreements  above  mentioned,  the  parties  to  these  presents  bind 
themselves,  each  unto  the  other,  in  the  penal  sum  of  dollars,  as  liqui- 

dated damages,  to  be  paid  by  the  failing  party. 

In  witness  whereof,  the  parties  to  these  presents  have  heremito  set  their 
hands  [and  seals],  the  day  and  year  first  above  written. 

[Signatures^  with  or  without  seala^ 

[If  attested  hy  witnesses,  add:'] 


Signed,  sealed  and  delivered  in  \ 
the  presence  of  J 

[Signature  of  witnesses.] 


558.   Contract  Executed  dy  Agents  or  Attorneys  in  Fact. 

This  ageeemknt,  made  this  day  of  ?  18    ,  between  A.  B., 

of  ,  farmer,  of  the  first  part,  by  0.  D,,  his  attorney,  and  Y.  Z.,  of 

,  merchant,  of  the  second  part,  by  W.  X.,  his  attorney,  witnesseth  : 
That  the  said  party  of  the  first  part  [etc.,  as  in  other  forms  to  the  end,  sign- 
ing thus:]  A.  B.  [Seal.] 

By  0.  D,,  his  attorney. 

Y.  Z.  [Seal] 
By  W.  X.,  his  attorney. 


559.  Contract  Declaratory  of  the  Construction  of  a  Previous  Contract. 

This  agreemext,  made  the  day  of  5  18    ,  between  A.  B., 

of  ,  of  the  first  part,  and  Y.  Z.,  of  ,  of  the  second  part : 

Whereas  a  difference  has  heretofore  arisen  between  the  parties  to  these 
presents,  in  relation  to  their  respective  rights  and  obligations  under  a  cer- 
tain contract,  made  on  the  day  of  »  18  ,  between  them;  and 
the  parties  hereto  have  now  come  to  a  mutual  understanding  and  agree- 
ment respecting  all  the  matters  aforesaid,  and  propose  to  set  forth  the  same 
in  these  presents,  as  declaratory  of  their  respective  rights  and  obligations 
from  the  date  hereof,  henceforward,  for  the  government  of  themselves 
under  the  same : 

Now,  THIS  iNDENTUEE  WITNESSETH,  that  the  parties  of  the  second  part 
covenant,  promise  and  agree  to  and  with  the  party  of  the  first  part  [etc., 
according  to  the  nattire  of  the  ease]'. 

In  WITNESS  [etc.,  as  in  Form  557"". 


256  ABBOTTS'  FORMS. 


Contracts  for  Personal  Services. 


560.  Contract  With  a  Clerk  or  Wbrhnan. 

This  agreement,  made  this  day  of  >  18    ,  between  A.  B., 

of  ,  of  the  first  part,  and  Y.  Z.,  of  ,  of  the  second  part, 

vriTNEssETH :  That  the  said  A.  B.  agrees  faithfully  and  diligently  to  serve 
the  said  Y.  Z.,  as  clerk,  in  the  store  of  the  said  Y,  Z.  [or  otherwise],  at 

,  for  the  period  of  from  and  after  the         day  of 

next,  for  the  sum  of  dollars  per  .    In  consideration  of  which 

service  so  to  be  performed,  the  said  Y.  Z.  agrees  to  pay  the  said  A.  B.  the 
sum  of  per  month  [payable  as  follows  :  on  the        day  of  , 

and  on  the        day  of  each  month  following,  during  said  term,  and  at 

the  expiration  thereof,  the  balance  of  such  sum  as  has  not  then  been  al- 
ready paid]. 

And  it  is  understood  and  agreed  that  the  death  of  either  of  them  occur- 
ring prior  to  the  expiration  of  said  term  of  ,  shall  terminate  this 
agreement. 

In  witness  [etc.,  as  in  Form  557]. 

561.  Contract  to  Bind  a  Minor  to  Service  in  Payment  for  His  Passage- 
Money. 

This  indentuhe,  made  this        day  of  ,  18    ,  between  A.  B.,  an 

infant  under  twenty-one  years  of  age — to  wit :  of  the  age  of  years  on  the 
day  of  ?  18    )  coming  from  in  ,  a  foreign  country 

beyond  sea,  of  the  one  part,  and  Y.  Z.,  merchant,  of  the  city  of  ,  of 

the  other  part,  witnesseth  :  That  the  said  A.  B.,  in  pursuance  of  the  statute 
in  such  case  made  and  provided,  and  in  consideration  of  the  covenants 
hereinafter  mentioned,  does  hereby  bind  himself  to  serve  the  said  Y.  Z.  and 
his  executors,  administrators  and  assigns,  for  the  full  term  of  from  the 

date  hereof,  during  all  which  time  the  said  A.  B.  shall  well  and  faithfully 
serve  the  said  Y.  Z.  and  executors,  administrators  and  assigns,  in  all  such 
lawful  business  as  he  shall  be  put  to  by  him  or  them,  to  the  best  of  the 
power  and  ability  of  the  said  A.  B.,  and  that  he  will  at  aU  times  behave 
himself  honestly  and  obediently  in  said  service. 

In  consideration  whereof,  the  said  Y.  Z.  having  brought  him  from  beyond 
sea  as  aforesaid,  also  covenants  to  and  with  the  said  A.  B. :  that  he,  the 
said  Y.  Z.,  will  furnish  and  allow  the  said  A.  B.  suitable  and  sufficient 
board,  meat,  drink,  washing  and  lodging  and  apparel  and  all  other  neces- 
saries during  the  said  term. 

In  witness  [etc.,  as  in  Form  557]. 

562.  Aehnowledgment  of  the  Foregoing  Contract. 

State  of  ,  "| 

County  of        .  J  *** 

On  this         day  of  ?  18    ,  before  me  came  the  within-named  A. 

B.,  to  me  known  to  be  the  person  who  executed  the  within  contract,  and 
on  a  private  examination  before  me,  acknowledged  that  the  same  was  made 
and  executed  by  him  freely,  for  the  purposes  therein  expressed. 

[Signature  of  magistrate.'] 


CONTRACTS.  257 


Eailroad  Construction. 


563.  Railroad  Construction  Contract. 

Articles  of  agreement  made  this  second  day  of  July  in  the  year  1850, 
by  and  between  &  Company,  of  the  one  part,  and  the  Central 

Railroad  Company  of  New  Jersey,  by  their  president,  of  the  second  part. 
Witness:  that  for  and  in  consideration  of  the  payments  and  covenants 
hereinafter  mentioned,  to  be  made  and  performed  by  said  corporation,  the 
said  party  of  the  first  part  doth  hereby  promise  and  agree  to  execute,  con- 
struct and  finish  in  every  respect,  in  the  most  substantial  and  workmanlike 
manner,  and  to  the  satisfaction  and  acceptance  of  the  engineer  of  said  cor- 
poration, the  grading,  masonry,  bridging,  and  railway  superstructure  of  the 
said  railroad,  from  its  present  terminus  at  White  House  to  the  village  of 
Phillipsburgh  on  the  Delaware  River  opposite  to  Easton,  being  a  distance 
of  about  twenty-eight  miles. 

And  the  said  grading,  masonry,  bridging,  and  railway  superstructure 
shall  be  made  and  completed  as  described  in  the  following  specifications, 
on  or  before  the  first  day  of  January  in  the  year  1852,  and  sooner  if 
practicable. 

GEADING. 

1.  Under  the  head  of  grading  shall  be  included  all  excavations  and  em- 
bankments required  for  the  formation  of  a  road-bed  for  a  single  track  and 
all  turnouts ;  also  the  preparation  of  all  such  depot  grounds,  sites  for  water 
stations,  etc.,  as  shall  be  required  by  the  engineer ;  the  digging  of  all  ditches, 
the  foundations  for  masonry,  changing  the  direction  of  streams,  removing 
the  bottoms  in  rock  and  clay  cuttings,  and  all  other  excavations  and  em- 
bankments in  any  way  connected  with,  or  incident  to,  the  construction  of 
the  railroad. 

2.  All  grading  shall  be  done  and  estimated  by  the  cubic  yard,  measured 
in  excavation,  and  shall  be  comprised  under  the  three  following  heads — 
viz.,  "earth,"  "loose  and  shale  rock"  and  "solid  rock."  " Earth  excava- 
tion" shall  include  all  varieties ;  also  all  detached  rocks,  the  dimensions  of 
which  shall  not  exceed  one  cubic  yard;  also  all  decomposed  and  rotten 
rocks,  and  shale  rock  on  the  top  of  cuts  that  can  or  may  be  ploughed,  or 
can  or  may  be  excavated  by  using  one  pick  to  one  shovel.  "Loose  and 
shale  rock"  shall  include  all  varieties  of  shale  rock,  excepting  as  above 
specified,  whether  loose  or  solid ;  and  all  rock  that  may  be  quarried  or 
excavated  with  "Picks  and  Bars;'  and  it  is  understood  that  under  this 
class  shall  be  included  the  whole  of  the  red-shale  cuttings,  elcept  such  part 
of  the  top  of  said  cuttings  as  may  come  under  the  classification  of  earth  as 
above  specified.  "  Solid  rock"  shall  include  all  rock  not  shale  rock,  found 
in  ledge  and  requiring  blasting. 

3.  The  road  shall  be  graded  for  a  single  track  (except  at  depots,  turnouts 
and  other  places  hereinafter  provided  for),  with  a  road-bed  of  such  width, 
and  slopes  of  such  inclination,  as  the  engineer  shall  designate;  and  in  con- 
formity to  such  depths  of  cuttings  and  fillings,  and  to  such  demarkations  as 
may  have  been,  or  may  hereafter  be,  determined,  and  fixed  upon  as  guides- 
and  boundaries  for  the  work. 


258  ABBOTTS'  FORMS. 


Railroad  Construction  Contract. 


4.  The  surface  of  the  road,  when  finished  off  and  at  grade,  shall — except 
when  the  engineer  shall  otherwise  direct — be  fifteen  feet  wide  on  embank- 
ments, and  twenty  feet  wide  in  excavations. 

5.  All  clearing,  grubbing,  etc.,  that  may  be  required  on  the  sites  of  the 
excavations,  embankments,  depots,  etc.,  shall  be  done ;  and  the  trunks,  tree- 
tops,  and  other  rubbish  shall  be  removed  to  such  distance,  and  disposed  of 
in  such  manner  as  the  engineer  may  direct,  and  no  extra  charge  or  allow- 
ance shall  be  made  therefor ;  it  being  expressly  understood  that  the  expenses 
attendant  upon  doing  all  such  work  are  included  in  the  price  per  yard  to  be 
paid  for  grading;  and  in  reference  to  grubbing,  it  is  understood  that  when 
not  more  than  three  feet  below  grade,  shall  be  grubbed  up  and  removed 
beyond  the  limits  of  the  embankment. 

6.  The  earth,  gravel  and  other  material,  except  stone  suitable  for  masonry 
and  other  purposes,  taken  from  the  excavations  upon  any  section,  shall  be 
used  and  applied  in  the  formation  of  embankments  on  the  same  section ; 
and  when  the  quantity  of  materials  taken  from  any  excavation  shall  be 
greater  than  that  required  to  make  the  embankment  of  the  usual  width, 
the  surplus  shall  be  deposited  on  one  or  both  sides  of  the  embankments  in 
such  manner  as  to  increase  their  width  uniformly,  or  in  such  other  manner 
as  the  engineer  shall  direct.  In  cases  where  the  quantity  of  materials  taken 
from  the  excavations  in  any  sections  shall  not  be  sufficient  for  the  formation 
of  the  requisite  embankment,  the  deficiency  shall  be  supplied  by  materials 
taken  from  the  adjacent  grounds,  at  such  places  as  the  engineer  may 
designate,  or  from  an  enlargement  of  the  excavations  made  equally  and 
uniformly  on  one  side  or  both  sides  of  the  same,  or  in  such  other  manner 
as  the  engineer  may  deem  necessary  and  proper;  and  the  sides  of  the 
excavations,  in  all  such  cases,  shall  be  dressed  oflf  to  such  slope  as  the 
engineer  shall  require ;  provided  that  if  the  contractors  shall  have  sloped 
such  excavations  according  to  the  directions  of  the  engineer,  before  widen- 
ing the  same,  they  shall  receive  for  sloping  the  second  time,  such  compensa- 
tion as  said  engineer  may  deem  fair  and  reasonable ;  provided,  also,  that 
the  contractors  shall  not  be  required  to  supply  the  deficiency  of  materials 
last  referred  to  at  an  expense  of  haul  greater  than  the  average  haul  of  the 
section. 

7.  Whenever  the  route  of  the  railroad  is  traversed  by  public  or  private 
roads,  commodious  passing-places  shall  be  kept  open  for  the  accommodation 
of  all  having  occasion  to  use  them ;  and  whenever  excavations  or  embank- 
ments may  be  required  in  order  to  establish  or  maintain  such  passes  or 
crossing-places,  the  contractor  engaged  on  the  section  traversed  shall  pre- 
pare such  passing-places  in  such  manner  as  the  engineer  shall  direct,  and 
keep  them  free  from  obstructions ;  and  whenever  the  route  of  the  railroad 
shall  approach  so  near  to  any  public  or  private  road  as  to  render  necessary 
the  discontinuance  of  the  same,  and  the  construction  of  a  new  road,  all 
excavation  and  embankment  required  in  the  construction  of  the  same  shall 
be  done  by  the  contractors  if  required  by  the  engineer ;  and,  in  payment  for 
the  same,  as  well  as  the  work  done  at  the  crossing-places  above-named, 
they  shall  receive  the  same  price  per  yard  as  for  other  grading  on  the 
section. 


OONTKACTS.  259 


Eailroad  Construction. 


8.  All  stone  taken  from  excavations  shall  be  removed  to  sucli  places, 
within  tlie  average  haul  of  the  section,  as  the  engineer  may  designate,  and 
such  stone  shall  be  the  property  of  the  corporation,  excepting  such  as  may 
be  used  by  said  &  Company  for  masonry  on  the  road. 

9.  The  blasting  of  rocks  in  the  progress  of  the  work  shaU.  be  at  all  times 
at  the  risk  of  the  contractors,  and  all  damages  occasioned  thereby  shall  be 
paid  by  them. 

10.  In  tilling  over  culverts  and  around  masonry,  the  material  shall  be  so 
hauled  and  deposited  as  not  to  cause  improper  strain  on  the  arches  or  walls ; 
and  when  rock  or  other  dry  material,  not  subject  to  be  affected  by  frost, 
can  be  obtained  on  the  section,  it  will  be  hauled  and  deposited  around  the 
wing,  walls  and  abutments  of  the  bridges  and  culverts  in  such  manner  as 
the  engineers  may  direct,  subject  to  the  same  conditions  as  to  extra  haul  as 
is  provided  for  in  borrowing  earth. 

11.  The  location  of  any  part  of  the  road  may  be  altered,  whenever  the 
engineer  may  consider  such  alteration  necessary  and  expedient ;  and  if  said 
alteration  be  made  on  any  section,  or  parts  of  a  section,  before  the  signing 
of  the  contract,  the  contractor's  prices  shall  remain  the  same ;  if  made  after- 
wards, such  allowance  or  deduction  shall  be  made  therefor  as  the  engineei 
may  judge  fair  and  equitable  to  both  parties. 

12.  The  length  of  any  sections  may  be  either  increased  or  diminished  by 
the  engineer,  upon  the  same  conditions  that  the  location  of  a  portion  of  the 
road  may  be  altered,  as  stated  in  the  11th  specification  above. 

13.  Ballasting. — In  all  cuttings  where  the  bottoms  have  been  removed 
by  directions  of  the  engineer,  the  same  shall,  after  the  roaJ-bed  has  been 
graded,  be  filled  in  with  the  best  sand  and  gravel  to  be  found  on  the  line  of 
the  road,  or  hard  shale  rock  free  from  any  admixture  of  clay.  The  said 
ballasting  to  be  procured  from  the  nearest  cuttings  of  a  suitable  character. 


MA80NEY. 

14.  General  Stipulations. — All  masonry  shall  be  done  and  estimated  by 
the  cubic  yard. 

15.  The  right  is  reserved  to  the  Central  Railroad  Company,  acting  by  the 
engineer  of  the  work,  to  dispense  with  any  of  the  designated  culverts  or 
bridges,  or  to  modify  their  dimensions. 

16.  The  abutments,  piers,  arches,  spandrels,  parapets,  walls  and  wings 
shall  conform  to  the  plans  that  may  be  furnished  by  the  engineer. 

17.  The  price  paid  per  cubic  yard  shall  cover  and  include  every  expense 
incurred  in  the  construction  of  the  masonry — such,  for  instance,  as  the  cost 
of  the  stone,  sand,  lime,  cement,  centres,  etc.,  as  well  as  the  actual  work- 
manship. 

18.  The  whole  of  the  work  shall  be  executed  in  the  most  substantial  and 
•workmanlike  manner,  to  the  full  and  entire  satisfaction  of  the  engineer  of 
the  company ;  and  all  the  materials  used  shall  be  subject  to  his  approval 
and  inspection  before  behig  used  in  the  work. 

19.  Culverts. — The  box  culverts  shall  be  built  of  rubble  masonry^  in  a 


260  ABBOTTS'  FORMS. 


Railroad  Construction  Contract. 


strong  and  workmanlike  manner,  the  stones  laid  on  their  broadest  beds, 
with  good  joints,  and  the  work  thoroughly  banded  with  a  proper  propor- 
tion of  headers  and  stretchers.  The  bottom  of  the  vents  shall  be  paved, 
whenever  the  engineer  shall  consider  the  same  necessary-^the  stone  to  be 
of  such  size  as  to  make  the  paving  of  the  required  thickness,  without  pla- 
cing one  upon  the  top  of  another — to  be  very  closely  laid,  and  the  whole 
well  rammed  or  hammered  down.  The  tops  to  be  covered  with  strong 
stone,  at  least  two  feet  longer  than  the  vent  is  wide,  and  of  such  thickness 
as  may  be  designated  on  the  plans. 

20.  The  walls  of  arch  culverts  to  be  built  of  the  best  description  of  rubble 
masonry.  The  arch  sheeting  to  be  of  such  depth  as  to  lay  the  full  thick- 
ness of  the  arch.  Said  sheeting,  when  of  a  rubble  character,  shall  be  laid 
in  mortar,  composed  of  equal  parts  of  common  lime  and  Eosendale  cement, 
each  mixed  with  two  parts  of  clean,  sharp  sand ;  and  when  hammer-dressed, 
the  stone  shall  be  cut  or  shaped  so  as  to  range  transversely  of  the  arch  and 
conform  to  the  radius  of  the  circle  of  which  the  arch  is  a  segment,  and  shall 
be  laid  and  grouted  in  mortar. 

21.  The  beick  bakeei.  culverts  shall  be  built  of  the  best  quality  of  hard 
burned  weather  brick,  and  shall  be  well  laid  in  mortar,  composed  of  equal 
parts  of  cement  and  clean,  sharp  sand,  mixed  with  a  proper  proportion  of 
water. 

22.  Public  road  and  farm  bridges. — All  the  masonry  of  these  bridges 
shall  be  of  a  rubble  character,  excepting  the  corner-stones  and  capping, 
which  shall  be  hammer-dressed  on  the  beds  and  tops,  and  have  a  chisel 
draft  of  one  inch  round  the  joints.  The  whole  of  tlie  joints  on  the  exposed 
surface  of  the  abutments,  piers  and  wing  walls  to  be  pointed  with  mortar. 
The  arches  of  road  bridges  shall  be  built  in  conformity  to  the  specifications 
for  similar  work  in  arch  culverts. 

23.  River  bridges. — The  masonry  of  these  bridges  shall  be  of  the  best 
description  of  "  hammer-dressed  work  with  lock  face,"  in  random  courses, 
and  shall  be  well  laid  in  good  mortar,  composed  of  equal  parts  of  common 
lime  and  Newark  cement,  or  other  cement  equally  good,  and  which  may  be 
approved.  The  face-stone  shall  be  laid  two  stretchers  to  one  header,  the 
stretchers  to  average  not  less  than  eighteen  inches  in  width  upon  the  beds, 
and  the  headers  three  feet  in  length  and  eighteen  inches  in  width.  And 
there  shall  be  not  less  than  three  bond-stones  in  the  interior  of  wall  in  each 
course  in  height  of  the  piers  and  abutments,  and  in  the  same  proportion  in 
the  wings — containing  at  least  six  cubic  feet.  The  backing  shall  be  laid  so 
as  to  have  proper  bond  with  the  face-stones,  and  shall  be  carried  up  at  the 
same  time ;  and  all  irregularities  or  cavities  formed  by  the  irregular  ends 
of  the  large  stones  shall  be  filled  up  and  made  solid.  The  whole  of  the  out- 
side joints  of  the  piers,  abutments  and  wing-walls  shall  be  neatly  pointed 
with  mortar,  composed  of  equal  parts  of  Newark  cement  and  clean,  sharp 
sand,  mixed  with  a  proper  proportion  of  water. 

24.  Mortar. — All  the  mortar  used,  when  not  otherwise  specified,  shall  bo 
composed  of  equal  parts  of  common  lime  and  Rosendale  cement,  each  mixed 
with  two  parts  of  clean,  sharp  sand. 


CONTRACTS.  261 


Kailroad  Construction. 


25.  The  superstructure  of  the  public  road  and  farm  bridges  to  be  built  in 
a  thorough  and  workmanlike  manner,  according  to  such  plans,  sfiecifica- 
tions  and  bills  of  timber  and  iron  as  will  be  furnished  fi-om  time  to  time  by 
the  engineer. 

26.  The  superstructure  of  the  four  river  bridges  to  be  in  spans  of  130  to 
168  feet,  and  to  be  built  on  the  plan  known  as  Howes'  patent,  or  the  plan 
known  as  Pratt's  patent,  at  the  option  of  the  engineer. 

The  bridges  across  the  South  Branch,  Musconetcong  and  Sohatcong  rivers 
to  have  truss  frames  twenty  feet  in  height  from  the  lower  edge  of  the  bot- 
tom chord  to  the  top  of  the  upper  chord,  and  an  arch  rib  to  be  introduced 
— said  rib  to  be  connected  with  the  lower  chord  by  means  of  suspension 
rods.  The  truss  frames  of  the  Lapatcong  River  bridge  to  be  eighteen  feet 
in  height. 

The  width  between  the  trusses,  in  all  the  bridges,  to  be  fourteen  feet. 

Where  the  spans  are  150  feet,  the  trusses  to  have  thirteen  panels;  and, 
if  built  on  Pratt's  plan,  the  trusses  to  contain  an  amount  of  timber  and  iron 
per  x'unning  foot  equal  to  what  is  contained  in  the  bridge  now  building 
across  the  Connecticut  River  at  Greenfield.  And  if  built  on  Howes'  plan, 
the  area  of  the  bottom  chord  to  be  equal  to  364  inches  of  timber  =  13  x  28 
inches,  and  of  the  top  chord,  308  inches  =  11  x  28.  The  main  braces  to 
be  half  9  by  10  inches  and  half  8  by  10  inches.  The  counter  braces  to  be 
7  by  10  inches. 

The  lateral  and  vertical  braces  to  be  equal  to  6  by  6  inches.  The  arch 
rib  to  have  a  cross  section  equal  to  180  square  inches  =  20  x  9  inches.  The 
floor  beams  to  be  6  by  13  inches  and  placed  5  in  a  panel.  The  track  strings 
to  be  in  two  pieces,  breaking  joints  each  6  by  12  inches. 

The  floor  plank  to  be  two  inches  in  thickness. 

The  wall  plates  to  be  of  white  oak,  9  by  12  inches. 

A  substantial  guard-rail  of  timber  to  be  placed  on  each  side  of  the  track 
— say  9  by  12  inches — properly  bolted  and  secured  to  the  floor-beams. 
And  a  neat  hand-railing  to  be  erected  on  each  side  of  the  bridge  of  5  by 
5-inch  stuff.  The  sides  of  the  bridges  to  be  covered  with  dressed  clap- 
boards one  inch  in  thickness,  secured  to  proper  furring. 

The  whole  of  the  exposed  wood-work  and  iron  to  be  painted  with  two 
good  coats  of  white  lead  and  oil. 

The  entire  top  or  deck  of  each  bridge  to  be  covered  with  the  best  quality 
of  I.  C.  or  M.  F.  lead  plate  tin,  which  is  also  to  be  painted  with  two  coats 
of  white  lead  and  oil. 

One-third  of  the  main  truss  bolts  to  be  of  l|-inch  round  iron. 
One-third         "  "  »  of  l|-inch  " 

And  one-third  "  "  of  l|-inch  " 

The  arch  rib  suspension  rods  to  be  of  1 4 -inch  round  iron — one  to  every 
panel. 

The  lateral  bolts  to  be  of  Ij-inch  round  iron. 


262  ABBOTTS'  FORMS. 

Kailroad  ConstructioTi  Contract. 

The  intersection  bolts  to  be  of  J-inch  round  iron,  and  placed  through 
every  intersection  of  the  braces,  etc. 

The  bridges  to  be  secured  to  each  abutment  and  pier  by  two  anchor 
bolts  of  l|-inch  iron. 

The  angle  blocks  and  bolt  bearings  to  be  of  cast  iron,  and  the  splicing- 
pieces,  keys  and  wedges  to  be  of  well- seasoned  white  oak. 

The  whole  of  the  timber  used,  except  as  above  specified,  to  be  of  the  best 
quality  of  white  pine,  free  from  all  shakes,  injurious  knotsi,  and  sap. 

The  bolts  and  suspension  rods  to  be  of  Banks's  best  refined  ji-on,  best 
Ulster  iron,  or  other  iron  equal  in  quality,  and  which  may  be  approved  by 
the  engineer. 

It  is  understood  that  the  above  specifications  contain  only  the  general 
dimensions  for  spans  of  150  feet,  and  that  detailed  plans  will  be  furnished 
or  approved  by  the  engineer  for  each  particular  bridge.  And,  notwith- 
standing any  omission  or  oversight  that  may  be  in  the  specifications  or  in 
the  plans  to  be  furnished  or  approved — necessary  to  complete  the  bridges 
in  a  substantial  and  workmanlike  manner — the  contractors  shall  be  bound 
to  complete  the  same  without  any  addition  to  the  contract  price, 

RAILWAY    SUPEKSTEXrOTUEB. 

27.  The  iron  fmIs,  chairs,  spikes  and  cross-ties  to  be  furnished  by  the 
contractors. 

28.  The  following  is  an  approximate  estimate  of  the  quantities  required 
for  laying  one  mile  of  superstructure : 

91  tons  of  iron  rails, 
3,500  pounds  of  wronght-iron  chairs. 
4,500  pounds  of  spikes. 
2,300  cross-ties. 

29.  The  iron  rails  to  be  of  the  pattern  adopted  by  the  Central  Railroad 
Company — the  length  of  the  bars  to  conform  to  the  specifications  of  the  en- 
gineer— and  the  quality  to  be  equal  to  the  best  rails  manufactured  by  Guest 
&  Co.,  of  South  Wales. 

30.  The  chairs  to  be  of  wrought  iron — to  conform  to  the  pattern  to  be 
furnished  by  the  engineer — to  weigh  about  six  pounds  each,  and  to  be  made 
of  iron  of  the  best  quality,  which  must  stand  bending  and  hammering  when 
cold, 

81.  The  spikes  to  be  made  from  jg  inch  wire — to  be  5^  inches  in  length, 
and  weigh  about  6i  ounces  each.  To  be  made  of  the  best  quality  of  iron, 
and  the  head  to  be  of  such  form  as  may  be  approved  by  the  engineer. 

32.  The  cross-ties  to  be  of  good  sound  chestnut  or  white  oak,  7^  feet  long, 
and  when  cut  singly  from  round  sticks  to  be  hewed  or  sawed  on  two 
parallel  sides  to  a  width  of  at  least  six  inches,  and  to  measure  not  less  than 
six  inches  in  depth  or  thickness  between  the  faces.  The  ends  to  be  cut 
square  and  the  bark  removed  ;  or  if  sawed  with  four  square  edges,  they  will 
be  received,  if  they  are  6  by  7  inches ;  or  if  sawed  or  split  from  round  sticks, 
12  inches  or  upwards  in  diameter,  they  will  be  received  if  they  are  5 
inches  between  the  faces,  thus — 


CONTEACTS.  263 


Kailroad  Construction. 


33.  The  cross-ties  shall  be  laid  in  the  track  at  an  average  distance  of 
about  2  feet,  3^  inches  apart,  and  shall  be  fairly,  firmly  and  truly  bedded 
by  thorough  ramming.  The  joint  cross-ties  to  be  selected  of  large  size,  and, 
if  possible,  more  carefolly  and  firmly  bedded  than  the  others. 

34.  The  ends  of  the  rails  shall  be  gauged  to  fit  the  chairs,  and  notches 
shall  be  cut  by  a  suitable  and  approved  machine,  to  receive  the  spikes  and 
prevent  the  rails  from  sliding  endways. 

35.  The  rails,  previous  to  being  laid  on  straight  lines,  shall  be  exactly 
straightened,  laterally  and  vertically. 

36.  On  curves,  the  outer  rail  shall  be  laid  as  much  higher  than  the  inner 
one  as  the  engineer  may  direct ;  and  on  all  curves  of  a  greater  defalcation 
than  14  degrees  in  100  feet,  the  rails  shall  be  permanently  bent  or  curved, 
previous  to  being  laid,  to  correspond  with  the  curvature  of  the  road ;  and  as 
often  as  may  be  necessary,  rails  shall  be  cut  to  keep  the  joints  opposite. 

37.  The  ends  of  the  rails  shall  be  placed  not  further  apart  than  one- 
eighth  of  an  inch  in  the  coldest  weather ;  one-sixteenth,  when  the  thermom- 
eter is  at  70°(rar.),  and  nearly  in  contact  in  hot  summer  weather. 

38.  The  joints  shall  be  made  smooth  and  even  on  the  top  and  inner  side ; 
and  when  necessary  to  obtain  a  perfect  joint,  the  rails  shall  be  chipped  oflf 
or  filed ;  and  when  their  heights  vary,  a  piece  of  sheet  or  hoop  iron  shall 
be  inserted  under  the  lowest  to  bring  it  up  to  the  true  level. 

39.  There  shall  be  eight  spikes  to  each  cross-tie  on  which  joints  are 
made,  and  four  to  each  intermediate  cross-tie.  Auger  holes  shall  be  bored 
in  the  cross-ties  previous  to  driving  the  spikes,  if  deemed  necessary  by  the 
engineer. 

40.  In  laying  the  track,  the  cross-ties  shall  in  no  instance  be  laid  more 
than  500  feet  in  advance  of  the  iron  rails,  without  the  consent  of  the  en- 
gineer. 

41 .  It  is  understood  that  the  base  of  the  rail  shall  be  from  two  to  four 
tenths  of  a  foot  above  the  grade  line  of  the  road,  and  that  the  road-bed 
shall  be  graded  so  as  not  to  vary  more  than  five-tenths  from  the  established 
grade  above  or  below. 

42.  After  the  rails  have  been  laid,  the  space  between  the  rails  and 
two  feet  on  each  side  of  the  same  shall  in  cuts  be  filled  in  with  clean 
gravel,  coarse  sand,  or  hard  shale  rock,  free  from  any  admixture  of  clay,  to 
the  level  of  the  top  of  the  cross-tie ;  and  on  embankments,  the  space  be- 
tween the  rails  shall  be  filled  to  the  same  level  as  in  cuts,  and  the  sides 
formed  in  a  regular  slope  from  the  base  of  the  rail  to  the  edge  of  the  bank. 
The  material  required  to  be  borrowed  for  filling  in  shall  be  procured  by  the 
contractors  from  the  nearest  cutting  of  a  suitable  character ;  and  when  ma- 
terial is  taken  from  the  side  of  a  cutting,  it  shall  be  done  regularly,  so  as  to 
leave  the  same  of  a  sightly  appearance. 

43.  Side  ditches  shall  be  dug  or  opened  of  suitable  width  and  depth  to 
carry  off  water  from  the  road-bed;  and  all  rubbish  of  earth,  timber  or 
stone,  shall  be  cleared  off  and  removed ;  and  the  cuts  and  embankments 
formed  in  a  regular  declivity,  so  as  to  throw  the  water  from  the  track  to 
the  ditches.  In  fine,  the  surface  of  the  whole  roadway  shall  be  smoothed 
off  and  completed  in  a  neat  and  workmanlike  manner. 


864  ABBOTTS'  FOKMS. 


Kailroad  Construction  Contract. 


44.  All  the  necessary  turnouts  and  crossings  shall  be  made  by  the  con- 
tactors, and  in  such  manner  as  the  engineer  may  prescribe. 


GENKEAL  PROVISIONS. 

45.  For  a  more  full  explanation  of  the  form  and  dimensions  of  materials 
and  parts,  and  of  the  manner  of  constructing  the  work  in  all  its  details, 
plans,  and,  when  necessary,  bills  of  timber  and  plank  will  be  furnished  by 
the  engineer,  who  will  also  give  such  directions,  from  time  to  time,  during 
the  progress  of  the  work,  as  may  appear  to  him  necessary  and  proper,  in 
order  to  make  the  work  complete  and  perfect  in  all  respects,  as  contem- 
plated in  the  above  specifications ;  and  said  plans,  bills  and  directions  shall 
in  every  respect  be  complied  with. 

46.  'So  claims  shall  be  made  or  allowed  for  extra  work,  unless  the  same 
shall  have  been  done  in  pursuance  of  written  contracts  or  orders,  signed  by 
the  engineer ;  and  aU  claims  for  work  done  under  such  written  contracts  or 
orders,  or  on  any  other  account,  shall  be  presented  for  settlement,  on  or 
about  the  beginning  of  the  month  following  that  in  which  said  work  may 
have  been  done ;  or  at  any  other  time  within  three  days  after  the  engineer 
shall  have  demanded  the  same  ;  and  in  case  of  failure  so  to  present  them, 
the  contractors  shall  forfeit  all  such  claims,  and  hereby  are  pledged  not  to 
present  them  m  any  way  afterwards. 

47.  The  corporation  will  assure  a  right  of  way  over  the  premises  of  land- 
owners, so  far  as  may  be  necessary  to  afford  t4ie  contractors  access  to  their 
work ;  but  the  contractors  shall  be  responsible  for  all  damage  done  to  such 
premises,  in  consequence  of  leaving  gates  or  fences  open,  and  also  for  all 
depredations  upon  fences,  wood  lots  or  other  property,  by  the  workmen  in 
their  employ. 

48.  It  is  mutually  agreed,  that  the  said  company  shall  furnish  the  right 
of  way  on  the  line  of  said  railroad ;  but  no  claims  for  damages  arising 
from  delay  that  may  in  any  case  occur  in  obtaining  title  or  possession 
shall  be  made  by  said  contractors.  But  if  possession  shall  not  be  obtained 
within  three  months  from  the  date  of  this  contract,  then  the  said  contrac- 
tors may  give  notice  in  writing  of  such  detention,  and  shall  be  allowed 
for  the  completion  of  the  portion  of  the  work  so  delayed  additional  time 
equal  to  the  period  between  such  notice  and  the  time  possession  shall  be 
acquired. 

49.  It  is  agreed  that  this  contract  shall  be  prosecuted  in  such  order,  and 
at  such  places  and  parts  of  the  work,  and  at  such  times  and  seasons,  as  the 
said  engineer  may  direct.  And  that  the  mortar  masonry  shall  be  laid  up 
between  the  first  day  of  April  and  the  first  day  of  November,  and  at  no 
other  season,  unless  by  the  special  permission  of  the  said  engineer. 

50.  It  is  hereby  agreed,  that  the  work,  during  its  progress,  and  the  ma- 
terials delivered  for  the  same,  shall  be  subject  to  the  inspection  of  the  said 
engineer  and  his  assistants ;  and  if  any  materials  brought  on  for  the  use  ol 
the  work  shall  be  condemned  by  the  said  engineer  as  unsuitable,  the  con- 
tractors shall,  if  required,  remove  said  materials  entirely  away  from  the 


CONTRACTS.  205 


Kailroaci  Construction. 


line  of  the  work,  so  a3  to  effectually  guard  against  their  introduction  ir.to 
the  same. 

51.  It  is  further  agreed,  that  if  any  work  is  found  necessary,  of  a  char- 
acter not  contemplated  or  provided  for  in  this  contract,  that  the  railroad 
company  shall  have  the  right  to  let  the  same  in  a  separate  contract,  pro- 
vided the  prices  for  doing  such  work  cannot  be  agreed  upon  between  the 
said  engineer  and  the  said  contractors. 

52.  It  is  mutually  agreed  that  the  Central  Railroad  Company  will  he  at 
the  expense  of  transporting  the  iron  rails  from  New  York  to  White  House, 
and  that  the  transportation  of  all  other  materials  required  under  this  con- 
tract shall  be  at  the  expense  of  the  said  contractors. 

53.  It  is  understood  and  agreed  that  the  contractors  shall  be  allowed  to 
use  the  iron  rails  for  the  purpose  of  temporary  track ;  and  that  a  sufficient 
quantity  for  this  purpose  shall  be  delivered  by  the  railroad  company  at 
White  House  as  soon  as  may  be  required  by  the  said  contractors. 

54.  It  is  also  understood  and  agreed,  that  the  railroad  company  are  to 
furnish  the  use  of  a  locomotive  engine  and  gravel  cars  for  ballasting  the 
road-bed  and  filling  the  track — the  said  contractors  paying  all  expenses 
connected  therewith. 

55.  It  is  also  understood  and  agreed,  that  the  railroad  company,  by  their 
engineer,  may  change  the  location  on  sections  17  and  21,  so  as  to  equalize 
the  excavation  and  embankment,  and  that  the  grading  on  the  road  may  be 
increased  in  either  direction  two  feet  per  mile  ;  and  that  for  said  changes 
and  alterations  no  addition  or  deduction  shall  be  made  from  the  prices  spe- 
cified in  this  contract. 

56.  And  the  said  contractors  hereby  agree  that  they  will  perform  the 
work  under  this  contract  as  before  specified ;  but  any  alterations  in  the 
form,  dimensions  or  materials  of  said  work,  which  may  be  directed  in 
writing  by  said  engineer,  shall  be  made  by  said  contractors  as  directed ;  and 
if  the  work  shall  be  rendered  thereby  more  expensive,  they  shall  be  en- 
titled to  such  extra  compensation  as  said  engineer  shall  estimate  to  be  just 
and  reasonable  ;  and  if  such  alteration  shall  make  the  work  less  expensive, 
then  a  deduction  shall  be  made,  as  said  engineer  may  estimate  to  be  just 
and  equitable. 

57.  It  is  further  understood  and  agreed  that  the  specifications,  condi- 
tions, obligations  and  prices,  specified  in  this  contract,  shall  regulate  and 
bind  the  contracting  parties,  without  reference  to  former  proposals  or  under- 
standings. 

And  for  a  failure  to  make  and  complete  said  grading,  masonry,  bridging 
and  railway  superstructure  within  the  time  fixed  for  completion,  the  engineer 
shall  assess  such  damages  as  he  may  think  just  and  reasonable,  and  charge 
said  party  of  the  first  part  with  the  amount  thereof;  or  the  said  engineer 
may  employ  other  help  to  hasten  the  completion  of  the  work,  within  the 
said  specified  time,  and  the  expense  of  such  hel})  shall  be  paid  by  said 
party  of  the  first  part ;  or  in  case  it  should  appear  to  said  engineer  that  the 
work  had  not  progressed  with  suflicient  rapidity,  he  shall  have  the  power 
to  determine  that  the  contract  has  been  abandoned ;  and  in  the  event  of 
such  determination,  this  agreement,  on  the  part  of  said  corporation,  shall 


266  ABBOTTS'  FORMS. 


Kailroad  Coiistructjon  Contract. 


become  null  and  void,  and  any  balance  of  money  due  shall  be  forfeited  by 
the  said  party  of  the  first  part  to  tlie  said  corporation ;  and  the  said  engineer 
shall  have  full  right  to  contract  with  any  person  or  persons  instead  of  the 
said  party  of  the  first  part,  their  heirs,  executors  or  administrators,  for  the 
completion  of  said  work;  and  the  said  party  of  the  first  part  hereby 
covenant  and  agree  that  they  will  not  molest,  hinder  or  interrupt  the  said 
corporation,  or  those  employed  by  them,  in  the  prosecution  of  said  work. 

And  the  said  party  of  the  first  part  may  sublet  the  grading  and  common 
masonry,  but  shall  not  let  or  transfer  any  other  part  of  the  work  to  any 
other  person  or  persons  without  the  consent  of  the  engineer.  And  to  avoid 
disputes,  and  interruption'.,  and  hindrances  to  the  regular  and  peaceable 
progress  of  the  dififerent  parts  of  the  work,  and  to  prevent  unnecessary 
injury  to  the  rights,  property  and  persons  of  residents  in  the  vicinity,  or  of 
persons  travelling  on  or  near  the  line  of  said  Central  Railroad  of  New 
Jersey,  said  engineer  shall  have  power  to  dismiss  from  the  service  of  the 
said  party  of  the  first  part,  every  quarrelsome  disorderly  person,  and  such 
as  siiall  be  addicted  to  habits  of  intemperance ;  and  the  said  party  of  the 
first  part  shall  not  employ  any  person  who  has  been  so  dismissed  from  the 
service  of  any  other  contractor ;  and  furthermore,  the  said  party  of  the  first 
part  shall  not  sell  or  furnish  spirituous  liquors,  either  to  persons  in  their 
employ,  or  to  any  other  person  or  persons  on  or  near  the  line  of  said  road. 
This  provision  is  understood  as  prohibiting  entirely  the  use  of  ardent  spirits 
as  above,  and  its  infringement  will  subject  the  said  party  of  the  first  part  to 
the  dismissal  and  forfeiture  hereinafter  mentioned. 

In  condition  of  the  fulfilment  by  the  said  party  of  the  first  part  of  the 
foregoing  provisions  of  this  contract,  the  said  Central  Railroad  Company 
of  New  Jersey,  hereby  promises  and  agrees  that  they  shall  and  will,  foi 
doing  and  performing  the  work,  as  aforesaid,  pay  or  cause  to  be  paid  to 
the  said  party  of  the  first  part,  their  heirs,  executors  or  administrators,  at 
the  rate  of 
21|  cts.        Twenty-one  and  three-quarter  cents  for  every  cubic  yard  of 

earth  excavation,  as  described  in  the  specifications. 
47  cts.       Forty-seven  cents  for  every  cubic  yard  of  loose  and  shale  rock 

as  described  in  the  specifications. 
$1.00        One  dollar  for  every  cubic  yard  of  solid  rock  as  described  in  the 

specifications. 
21|  cts.        Twenty-one  and  three-quarter  cents  for  every  cubic  yard  of 

ballasting. 
$3.83        Three  dollars  and  eighty-three  cents  for  every  cubic  yard  of  dry 

rubble  masonry  in  box  and  arch  culverts. 
$5.00        Five  dollars  for  every  cubic  yard  of  rubble  masonry  in  box  and 

arch  culverts  laid  in  mortar. 
$7.55        Seven  dollars  and  fifty-five  cents  for  every  cubic  yard  of  rubble 

arch  sheeting  in  culverts  and  road  bridges  laid  and  grouted  in 

mortar. 
$11.50        Eleven  dollars  and  fifty  cents  for  every  cubic  yard  of  hammer- 
dressed  arch  sheeting  in  culverts  and  road  bridges  laid  and  grouted 

in  mortar. 


CONTRACTS.  267 


Eailroad  Construction  Contract. 


$9.45        Nine  dollars  and  forty-five  cents  for  every  cubic  yard  of  brick- 
work in  barrel  culverts  laid  in  cement. 
$5.78        Five  dollars  and  seventy-eight  cents  for  every  cubic  yard  of 

masonry  pointed  with  mortar  in  public  road  and  farm  bridges. 
$7.65        Seven  dollars  and  sixty-five  cents  for  every  cubic  yard  of  "ham- 
mer-dressed work  with  rock  face"  laid  la  mortar  in  the  four  river 
bridges. 
$6.76        Six  dollars  and  seventy-six  cents  for  every  cubic  yard  of  "ham- 
mer-dressed work  with  rock  face"  laid  dry  in  the  four  river  bridges. 
$0.62         Six  dollars  and  sixty-two  cents  for  every  cubic  yard  of  rubble 

masonry  laid  in  mortar  in  the  four  river  bridges. 
$6.21         Six  dollars  and  twenty-one  cents  for  every  cubic  yard  of  rubble 
masonry  laid  dry  in  the  four  river  bridges. 
21|-cts.        Twenty-one  and  three-quarter  cents  for  every  cubic  yard   of 

earth  excavation  in  foundations  for  masonry. 
47  cts.        Forty-seven  cents  for  every  cubic  yard  of  loose  and  shale  rock 

in  foundations  for  masonry. 
$1.00        One  dollar  for  every  cubic  yard  of  solid  rock  in  foundations  for 

masonry. 
It  being  understood  that  the  railroad  company  are  to  pay  the  actual 
expense  of  keeping  the  fojindations  clear  of  water. 
$5.90        Five  dollars  and  ninety  cents  for  every  cubic  yard  of  concrete 
used  in  foundations. 
$35.42        Thirty-five  dollars  and  forty -two  cents  for  every  thousand  feet, 
board  measure,  of  hemlock  timber  and  plank,  including  workman- 
ship, used  in  foundations. 
$47.24        Forty-seven  dollars  and  twenty-four  cents  for  every  thousand 
feet,  board  measure,  of  pine  timber  and  plank,  including  workman- 
ship, used  in  public  road  and  farm  bridges. 
$53.14        Fifty -three  dollars  and  fourteen  cents  for  every  thousand  feet, 
board  measure,  of  white  oak  or  chestnut  timber  and  plank,  in- 
cluding workmanship,  used  in  public  road  and  farm  bridges. 
14  cts.        Fourteen  cents  for  every  pound  of  wrought  iron,  including 

workmanship,  used  in  public  road  and  farm  bridges. 
$37.20        Thirty-seven  dollars  and  twenty  cents  for  every  linear  foot  of 
bridge  superstructure  in  the  four  river  bridges,  built  according  to 
the  plans  and  specifications. 
4^  cts.        Four  and  a  quarter  cents  for  every  pound  of  wrought-iron 

chairs  used  in  the  permanent  tracks  of  said  road. 
4:^  cts.        Four  and  a  quarter  cents  for  every  pound  of  railroad  spikes 

used  in  the  permanent  tracks  of  said  road. 
35  cts.        Thirty-five  cents  for  every  cross-tie  of  white  oak  or  chestnut 

used  in  the  permanent  tracks  of  said  road. 
$825.00  Eight  hundred  and  twenty-five  dollars  for  every  mile  of  single 
railway  of  two  tracks  laid ;  includes  the  hauling  and  distributing 
of  the  iron  rails,  chairs,  spikes,  and  castings  from  "White  House ; 
hauling  and  distributing  the  cross-ties  from  heaps  one  mile  apart; 
laying  the  cross-ties;  cutting,  laying,  straightening  and  spiking 


268  ABBOTTS'  FORMS. 


Railroad  Construction  Contract. 


rails ;  filling  track  with  sand  or  gravel ;  removing  surplus  earth  ; 
opening  side  ditches,  and  trimming  and  dressing  tlie  road-bed 
.  complete  according  to  the  specifications  contained  in  this  contract. 
$53.12^  Fifty  three  dollars  and  twelve  and  a  half  cents  for  every  ton  of 
iron  rails  delivered  at  White  House  or  used  in  the  permanent 
track  of  said  road,  of  the  pattern  furnished  by  the  engineer  of  tho 
company,  and  equal  to  Guest  &  Co.'s  iron. 

And  for  furnishing  seventy  thousand  dollars  ($70,000)  in  cash,  as  re- 
quired, towards  payment  of  the  right  of  way,  fencing,  engineering,  etc., 
the  said  &  Co.  agree  to  receive  ih  payment  full  stock  of  the  said 

Central  Railroad  Company  of  New  Jersey  at  par.  And  in  addition  to  the 
prices  above  stipulated,  the  said  Central  Railroad  Company  of  New  Jersey 
hereby  agree  to  pay  to  the  said  &  Co.,  contractors,  a  bonus  of 

thirty  thousand  dollars  ($30,000)  in  the  full  stock  of  the  company,  payable 
whenever  the  above  sum  of  seventy  thousand  dollars  shall  have  been  fully. 
paid  in  cash,  the  iron  rails  deposited  at  White  House  and  the  work  com- 
menced to  the  satisfaction  of  the  engineer  of  the  company. 

It  is  also  u'nderstood  and  agreed  that  the  stock  for  the  cash,  as  advanced, 
and  the  bonds  for  the  iron  rails,  as  delivered,  shall  be  paid  by  the  said  Central 
Railroad  Company  of  New  Jersey  to  the  said  contractors,  without  any  with- 
holding of  15  percent.,  as  is  herein  stipulated  in  relation  to  all  other  payments. 

Payments  during  the  progress  of  the  work,  excepting  as  above  specified, 
will  be  made  in  the  following  manner — that  is  to  say,  each  and  every  month 
during  the  progress  of  the  work  the  company  aforesaid  shall  pay  eighty-five 
per  centum  of  the  relative  value  of  such  work  as  may  have  been  done,  or 
materials  delivered,  to  be  estimated  as  to  quantity  and  value  by  the  said 
engineer,  until  the  whole  of  the  work  hereby  contracted  for  shall  have  been 
accepted  as  completed  agreeably  to  contract,  when  the  balance  due  shall 
forthwith  be  paid  the  said  &  Co.,  their  heirs,  executors  or  ad- 

ministrators. Said  payments  to  be  made  in  the  seven  per  cent,  mortgage 
bonds  (not  convertible)  of  the  said  Central  Railroad  Company  of  New  Jer- 
sey, payable  July  Ist,  1870,  with  coupons  attached,  payable  semi-annually. 

And  the  said  engineer  shall  be  the  sole  judge  of  the  quaUty  and  quantity  of  all 
the  said  work  herein  specified,  and  from  his  decision  there  shall  be  no  appeal. 

And  it  is  hereby  further  agreed,  that  if  the  said  parties  of  the  first  part 
shall  not,  on  their  part,  well  and  truly  perform  all  the  covenants  herein 
contained,  said  engineer  may  dismiss  them  from  the  work,  and,  in  that  event, 
this  contract  shall  become  null  and  void  ;  and  any  balance  for  work  done  on 
said  road,  which  would  have  been  due  the  said  parties  of  the  first  part,  shall 
be  forfeited  and  shall  become  the  right  and  property  of  the  corporation. 

And  it  is  hereby  further  agreed,  that  all  patent  rights  and  fees  connected 
with  the  superstructure  of  the  bridges  embraced  in  this  contract,  are  to  be 
paid  by  the  contractors,  and  if  not  paid  by  them,  may  and  shall  be  kept  out 
and  from  any  moneys  due,  or  which  may  be  due  from  said  corporation  to 
said  contractors. 

It  is  mutually  understood  that  when  the  word  engineer  is  mentioned  in 
this  contract,  it  is  intended  and  meant  to  designate  the  engineer  of  the 
Central  Railroad  Company. 


CONTRACTS.  269 


Construction  of  Engine  ; — Steamship. 


In  witness  wheeeof,  we  have  hereunto  set  our  hands  and  seals,  this 
day  of  ,  in  the  year  18    ,  in  duplicate. 

\8ignaturjss  and  seals.'] 

564.   Contract  iy  Officers  of  Corporation.^  for  Construction  of  a  Locomotive 

Engine. 

Memokandtjm  of  agreement  between  A.  B.  and  C.  D.,  composing  the  firm 
of  A.  B.  &  Co.,  of  ,  and  W.  X.,  president  of  the  Company, 

and  Y.  Z  .  treasurer  of  the  Company — viz. :  A.  B.  &  Co.  agree  to 

build  for  the  said  companies  one  locomotive  engine  and  tender,  as  described 
below,  and  deliver  the  same  at  on  or  before  the         day  of 

next,  for  the  sum  of  dollars,  payable  in  the  city  of  [in  the 

draft  of  W.  X.,  president,  accepted  by  Y.  Z.,  treasurer],  at  months 

from  delivery,  interest  being  added  at  seven  per  cent,  per  annum. 

DESOEIPTION   OF   ENGINE   AND   TENDEE. 

Both  engine  and  tender  to  be  constructed  in  the  best  manner,  of  the  best 
materials,  and  the  power  and  efficiency  of  the  engine  warranted  sufficient  to 
carry  one  hundred  tons,  of  two  thousand  pounds  per  ton,  of  empty  cars  on 
an  ascending  grade,  not  exceeding  forty  feet  to  the  mile,  with  a  curve  not 
less  than  six  hundred  feet  radius,  and  at  a  speed  not  exceeding  ten  miles 
per  hour. 

And  the  said  "W.  X.,  president,  and  Y.  Z.,  treasurer,  agree  to  receive  the 
said  engine  and  tender,  when  ready  for  delivery  as  aforesaid,  and  to  pay 
therefor  the  said  sum  of  dollars,  in  the  draft  so  accepted,  interest 

being  added  as  aforesaid. 

In  witness  [etc.,  as  in  Form  557]. 


565.  Contract  for  the  Construction  of  a  Steamship. 

This  agbeement,  made  this        day  of  ,  one  thousand  eight  hundred 

and  ,  between  A.  B.  and  C.  D.  (doing  business  in  the  city  of  , 

under  the  firm-name  of  B.  &  Co.),  shipbuilders,  of  the  first  part,  and  W.  X., 
of  ,  and  Y.  Z.,  of  ,  of  the  second  part, 

WITNESSETH,  that  the  parties  of  the  first  part,  in  consideration  of  the 
agreements  herein  made  by  the  parties  of  the  second  part,  agree,  with  the 
parties  of  the  second  part,* 

I.  That  they  will  construct,  build  and  complete,  for  the  said  parties  of 
the  second  part,  a  steamship  of  the  dimensions  and  materials  mentioned  in 
the  specification  hereunto  annexed,  and  in  all  particulars  conforming  to  the 
said  specification  and  to  the  directions  which  may  be  given  by  the  superin- 
tendent of  such  building  herein  named,  for  the  sum  or  price  of  dol- 
lars, to  be  paid  therefor  as  hereinafter  mentioned ;  the  said  steamship  to  be 
launched  on  or  before  the  day  of  next,  and  so  soon  as  launcl^ed  to 
be  placed  at  the  disposal  and  under  the  direction  of  the  said  superintend- 
ent, at            ,  for  the  purpose  of  receiving  her  engines  and  machinery,  and 


270  ABBOTTS'  FORMS. 


Contracts  for  Construction  of  Vessels. 


thereafter  to  be  fully  completed  as  soon  as  the  said  superintendent  shall  re- 
quire. 

II.  That  they  will  furnish  all  the  materials  for  the  said  steamship  ac- 
cording to  the  said  specification,  excepting  only  such  as  by  the  express 
terms  of  the  said  specification  are  to  be  furnished  by  the  owners  (the  par- 
ties of  the  second  part),  the  whole  to  be  built  and  constructed  of  materials 
of  the  best  quality,  and  in  the  best  and  most  workmanlike  manner;  and,  in 
every  particular  which  is  not  specifically  named  and  provided  for  in  the 
said  annexed  specification,  the  said  steamship  shall  be  built  and  constructed 
of  such  materials,  and  in  such  proportions  of  each,  and  in  such  manner,  in 
every  respect,  as  the  said  superintendent  may  direct. 

III.  The  parties  of  the  second  part,  upon  condition  of  the  true  and  faith- 
ful performance  of  all  things  herein  agreed  by  the  parties  of  the  first  p.irt 
to  be  done  and  performed,  do  hereby  agree  to  pay  to  the  said  parties  of  the 
first  part,  for  the  building  of  the  said  steamship,  the  said  sum  of  dol- 
lars by  instalments,  as  the  materials  therefor  are  delivered  and  the  work 
progresses ;  the  first  payment  to  be  made  when  the  keel  is  laid,  and  the 
other  payments  at  the  end  of  every  month  successively  thereafter,  and  the 
amount  of  such  payments  respectively  to  be  in  the  same  proportion  to  the 
whole  amount  to  be  paid,  which  the  work  done  and  materials  delivered 
shall  bear  to  the  whole  work  and  materials  required  for  the  full  perform- 
ance of  this  agreement  by  the  parties  of  the  first  part. 

IV.  And  it  is  hereby  mutually  agreed,  that  the  above  named  W.  X.  shall 
have  the  superintendence  and  direction  of  the  building  and  construction  of 
the  said  steamship,  as  the  superintendent  herein  above  and  in  the  said  speci- 
fication named. 

In  witness  [etc.,  as  in  Form  657]. 

566.  Contract  for  the  Construction  of  Engines  for  a  Steamship. 

[As  in  the  preceding  Form  to  the  *,  continuing  thus:'\ 

I.  That  they  will  furnish  all  the  materials  for,  and  will  construct,  build 
and  complete,  finish,  set  up,  secure  and  perfect  in  all  their  parts,  and  with 
all  their  appurtenances  ready  for  sea,  for  the  said  parties  of  the  second 
part,  two  side-lever  low-pressure  steam  marine  engines,  with  four  boilers  of 
the  dimensions,  materials  and  workmanship  mentioned  in  the  specification 
hereto  annexed,  and  in  all  particulars  conforming  to  the  said'  specification 
and  to  the  directions  which  may  be  given  by  the  superintendent  of  such 
construction  in  the  said  specification  named,  and  with  all  the  tools,  fixtures 
and  appurtenances  therein  mentioned  or  referred  to,  or  to  the  same  properly 
belonging  or  appertaining. 

II.  That  said  engines  and  boilers,  with  all  their  said  tools,  fixtures  and 
appurtenances,  shall  be  put  up,  secured  and  fully  completed  in  readiness  for 
se^  on  board  of  a  steamship  now  building  for  the  parties  of  the  second 
part,  by  Messrs.  M.  N.  &  Co.,  of  the  city  of  ,  and  shall  be,  in  every 
respect,  ready  for  use  on  or  before  the  day  of  ,  one  thousand 
eight  hundred  and 

III.  That  aU  of  the  materials  for  the  said  engines  and  boilers,  with  the 


CONTRACTS.  271 


Patent  Rights. 


tools,  fixtures  and  appurtenances,  shall  be  furnished  by  them  of  the  descrip- 
tion in  all  respects  conforming  to  the  said  specification,  and  of  the  best 
quality ;  and  that  the  whole  shall  be  buUt,  constructed,  put  up,  secured  and 
fully  completed  in  the  most  workmanlike  manner. 

IV.  That  in  every  particular  which  is  not  specifically  named  and  pro- 
vided for  in  the  said  hereto  annexed  specification,  the  said  engines,  boilers, 
tools,  fixtures  and  appurtenances  shall  be  built,  constructed,  put  up,  secured 
and  fully  completed  of  such  materials,  and  in  such  manner  in  every  respect, 
as  the  said  superintendent  may  direct. 

V.  That  they  will  progress  with  the  said  work  with  such  rapidity  as 
shall,  in  the  judgment  of  ,  the  engineer  mentioned  in  the  said  specifi- 
cation, be  sufficient  to  insure  the  completion  thereof  by  the  times  above 
appointed. 

VI.  And  the  said  parties  hereto  of  the  second  part,  upon  condition  of 
the  true  and  faithful  performance  of  all  things  herein  agreed  by  the  parties 
of  the  first  part  to  be  done  and  performed,  do  hereby  agree  to  pay  to  the 
said  parties  of  the  first  part  therefor,  the  sum  of  dollars,  by  instal- 
ments, as  follows — to  wit :  dollars  (part  thereof)  is  paid  simultaneously 
with  the  execution  of  these  presents,  and  the  receipt  thereof  is  hereby  ac- 
knowledged by  the  parties  of  the  first  part;  dollars  is  to  be  paid  on 
the  day  of  next  [etc.,  etc.] ;  and  the  residue  of  dollars  so 
soon  as  the  said  steamships  are  in  all  respects  fully  completed,  and  the  said 
engines,  boilers,  fixtures  and  appurtenances  proved  by  a  satisfactory  trial 
to  be  constructed,  built,  put  in,  secured  and  completed  in  all  respects  ac- 
cording to  the  provisions  of  this  agreement  and  the  said  specification. 

VII.  And  the  said  parties  of  the  second  part,  in  like  manner,  further  agree 
to  pay  the  patentee  or  owner  of  the  patent  for  the  privilege  of  using  which- 
ever cut-off,  mentioned  in  the  said  specification,  the  superintendent  may 
direct  to  be  used  on  the  said  ship. 

Vin.  And  the  said  parties  of  the  second  part,  in  like  manner,  further 
agree  to  pay  to  the  parties  of  the  first  part,  when  the  ships  are  completed 
as  aforesaid,  for  the  sheet-iron  work  in  the  coal-bunkers  and  the  coal- 
scuttles to  the  same,  after  the  rate  of  cents  per  pound,  of  finished 
work ;  and  for  cast-iron  work  to  the  same,  per  pound,  of  finished 
work. 

In  witness  [etc.,  as  in  Form  557]. 

567.  Contract  for  the  Eight  to  Manufacture  a  Patented  Article,  Paying  a 
Tariff  to  the  Patentee. 

This  AGREEMENT,  made  this         day  of  ,18    ,  between  A.  B.,  of 

,  patentee,  of  the  one  part,  and  Y.  Z.,  of  ,  manufacturer,  of  the 

other  part,  witnesseth :  Whereas,  A.  B.  is  proprietor  of  an  invention  for 
[here  describe  it\  and  of  letters  patent  issued  therefor  by  the  United  States 
of  America,  bearing  date  the        day  of  ,  18     ;  and  whereas  the  said 

A.  B.,  for  the  considerations  hereinafter  contained,  hath  agreed  with  the 
said  Y.  Z.  to  license  and  authorize  the  said  Y.  Z.,  his  executors,  adminis- 
trators and  assigns,  to  make  and  vend  the  patented  articles  specified  in  the 


272  ABBOTTS'  FORMS. 


Contracts  respectinpr  Patents  and  Copyrights. 


said  patent,  during  the  continuance  of  the  said  patent,  or  any  renewal  thereof, 
in  manner  hereinafter  particularly  specified :  Now,  in  pursuance  of  the  said 
agreement,  and  in  consideration  of  the  covenants  and  agreements  herein- 
after entered  into  on  the  part  of  the  said  Y.  Z..  and  in  consideration  of 
dollars  paid  to  the  said  A.  B.  by  the  said  Y.  Z.,  the  receipt  whereof  is  ac- 
knowledged, the  said  A.  B.  doth  hereby  give  and  grant  unto  the  said  Y.  Z., 
his  executors,  administrators  and  assigns,  during  all  the  residue  of  tlie  term 
of  by  the  said  letters  patent  granted,  and  yet  unexpired  [and  also 

during  all  such  future  term  or  terms,  as  may  be  hereafter  granted,  by  way 
of  any  new  patent,  or  renewal  of  the  now  subsisting  patent  or  otherwise], 
full  and  free  liberty,  license,  power  and  authority  to  make,  vend  or  sell, 
either  wholesale  or  retail,  within  [here  i^pecify  the  limits]  the  said  invented 
and  patented  articles,  and  to  receive  to  his  and  their  own  use  all  profits  and 
advantages  which  shall  or  can  be  made  by  the  making  and  selling  of  the 
said  patented  articles  within  the  said  limits,  and  that  Avithout  any  let,  suit, 
trouble  or  hindrance  of,  from  or  by  him,  the  said  A.  B.,  his  executors  or 
administrators,  or  any  other  person  or  persons  claiming  to  hold  and  use 
such  invention  as  aforesaid,  from,  by,  under  or  in  trust  for  him  or  them,  by 
virtue  of  the  said  letters  patent,  or  otherwise. 

And  the  said  A.  B.,  for  himself,  his  executors,  administrators  and  assigns, 
hereby  covenants  with  the  said  Y.  Z.,  his  executors,  administrators  and 
assigns,  that  he,  the  said  A.  B.,  his  executors,  administrators  and  assigns, 
will  not  at  any  time  during  the  residue  of  the  said  term,  or  any  such  future 
term,  grant  any  license  to  iny  other  person  to  make  or  vend  the  said  ar- 
ticles within  the  aforesaid  limits,  without  the  special  license  and  consent  of 
the  said  Y.  Z.,  his  executors,  administrators  or  assigns,  in  writing,  under 
their  hands,  first  had  and  obtained. 

And  it  is  further  agreed  between  the  said  parties,  that  in  case  any  person 
shall  infringe  the  said  letters  patent  [within  the  said  limits],  the  said  Y.  Z., 
his  executors,  administrators  and  assigns,  may  at  his  or  their  option,  in  the 
name  of  the  said  A.  B.,  his  executors,  administrators  and  assigns,  and  for 
his  and  their  benefit,  commence,  sue  and  prosecute  all  such  suits  or  actions 
as  shall  be  judged  expedient,  against  any  person  or  persons  who  shall  make 
such  infringement ;  and  for  this  purpose,  the  said  A.  B.  constitutes  the  said 
Y.  Z.,  his  executors,  administrators  and  assigns,  the  lawful  attorney  irrev- 
ocable of  the  said  A.  B.,  at  the  costs  and  to  the  use  of  the  said  Y.  Z.,  his 
executors,  administrators  and  assigns,  to  commence  and  prosecute  in  the 
name  of  the  said  A.  B.  all  such  suits  and  actions  as  aforesaid. 

In  witness  [etc.,  as  in  Form  557]. 

568.  Contract  Between  Author  and  Publisher  for  Publication  of  a  BooTc 
Upon  a  Copyright. 

MKM0BA.KDUM  of  agreement  made  this         day  of  ,  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  author,  party  of  the 

first  part,  and  Y.  Z.  &  Co.,  of  ,  publishers,  parties  of  the  second  part. 

"Wheeeas  the  party  of  the  first  part  has  in  preparation  a  work  entitled 
for  the  publication  of  which  the  parties  are  desirous  to  provide: 


CONTRACTS.  273 


Kespecting  Copyrights. 


It  is  agreed  by  the  parties  hereto,  contracting  for  themselves  and  tlieir 
personal  representatives  and  assigns,  respectively,  as  follows : 

The  party  of  the  first  part  gives  to  the  parties  of  the  second  part  the  ex- 
clusive right  to  publish,  during  the  full  term  of  the  copyright  thereof  [each 
volume  of]  said  work,  and  upon  the  following  terms : 

The  parties  of  the  second  part  shall  take  out  a  copyright  [upon  each  vol- 
ume] of  said  work,  in  due  form  of  law,  in  the  name  of  the  party  of  the  first 
part,  in  the  district  of  his  residence,  and  deliver  to  him  the  certificate  there- 
of, and  receipts  for  the  volumes  required  by  law  to  be  deposited,  which 
copyright  he  shall  hold  subject  to  this  contract. 

They  shall  deliver  to  him,  free  of  cost,  copies  [of  each  volume]  of 

said  woi'k. 

Tliey  sliall  publish  said  work  in  good  style,  as  soon  as  practicable  after 
receiving  the  manuscript,  and  in  such  manner  as  they  shall  deem  most  ex- 
pedient, and  shall  keep  the  market  at  all  times  fully  supplied  therewith. 

They  shall  render  to  him,  semi-annually,  as  soon  as  practicable  after  the 
day  of  and  the        day  of  in  each  year,  an  account  of  the 

number  of  copies  [of  each  volume]  of  the  work  which  they  shall  have  sold 
during  the  six  months  preceding  such  day,  accompanied  by  the  certificate 
of  the  printer  to  the  number  printed  [or,  and  shall  exhibit  to  him,  on  re- 
quest, their  manufacturer's  books,  showing  the  number  printed]  during  the 
same  period ;  and  they  shall  at  the  same  time  pay  to  him  for  copyright,  for 
all  copies  sold  by  them  as  aforesaid,  per  cent,  of  the  regular  retail 

price. 

In  case  the  parties  of  the  second  part  fail  to  perform  either  of  the  condi- 
tions of  this  contract  on  their  part,  the  right  to  publish  the  work  shall  re- 
vert to  the  party  of  the  first  part ;  and  he  shall  then  have  the  right  of  pur- 
chasing the  plates  [and  engravings]  then  used  in  publishing  the  work,  at  a 
fair  valuation. 

In  witness  [etc.,  as  in  Form  557]. 

569.   Contract  for  Sale  of  Manuscript  and  Copyright. 

Memoeandtjm  of  agreement  made  this  day  of  ,  18    ,  between 

A.  B.,  of  ,  author,  party  of  the  first  part,  and  Y.  Z.,  of  ,  pub- 

lisher, party  of  the  second  part,  witnesseth:  that  said  party  of  the  first 
part,  in  consideration  of  the  sum  of  dollars,  agrees  to  sell,  and  does 

sell,  to  the  party  of  the  second  part,  the  manuscript  of  a  work  entitled 
,  written  and  to  be  prepared  for  the  press  by  him  ;  and  he,  the- said 
A.  B.,  also  agrees  to  examine  and  correct  the  proof-sheets  thereof,  as  they 
shall  be  furnished  to  him  from  time  to  time  during  the  printing  or  stereo- 
typing thereof.  The  said  Y.  Z.  and  his  personal  representatives  and  assigns 
are  to  have  the  exclusive  right  to  take  out  and  own  the  copyright  and  the 
renewals  of  the  copyright  thereof.  And  the  said  Y.  Z.,  for  himself,  his  per- 
sonal representatives  and  assigns,  agrees  to  pay  the  said  A.  B.  in  the  man- 
ner following :  dollars  on  the  signing  of  this  contract,  dollars  when, 
the  whole  copy,  including  the  index,  shall  be  ready  for  the  printer,  and  the 
balance  when  the  proof-sheets  shaU  have  all  been  corrected  and  returned 
18 


274  ABBOTTS'  FORMS. 


Contnict  for  Publication. 


to  the  printer ;  and  also  agrees  to  furnish  to  the  said  A.  B.  bound 

copies  of  the  work  within  a  reasonable  time  after  the  said  A.  B.  shall  have 
completed  his  labors ;  the  whole  of  said  proof-sheets  to  be  furnished  the 
said  A.  B.  within  a  reasonable  time  after  the  delivery  of  the  manuscript. 

And  it  is  further  agreed,  that  in  case  the  said  work  shall  fall  short  of 
pages  of  the  size  and  style  of  the  work  known  as  ,  exclusive  of 

index  and  contents,  then  the  said  A.  B.  is  to  receive,  and  the  said  Y.  Z.  is 
to  pay,  a  sum  so  much  the  less,  in  proportion  to  the  actual  number  of  pages ; 
but  in  case  said  work  shall  contain  more  than  pages,  the  sum  to  be 

paid  therefor  is  not  to  be  increased. 

Ik  witness  [etc.,  as  in  Form  557]. 

570.   Contract  Between  Printers  and  Puhlishers  for  Publication  On  Joint 

Account. 
Memobandum  of  agreement,  made  this        day  of  ?  18    ,  between 

A.  B.,  of  ,  printer,  of  the  first  part,  and  Y.  Z.  and  W.  X.,  composing 

the  firm  of  Z.  &  Co.,  of  ,  publishers,  of  the  second  part:  Whkreas 

the  party  of  the  first  part  is  the  proprietor  of  the  works  of  ,  and 

whereas  the  parties  of  the  second  part  are  desirous  of  becoming  the  pub- 
lishers of  the  same,  the  following  points  are  agreed  to,  by  and  between  the 
contracting  parties : 

1.  The  profits  of  each  volume  shall  be  equally  divided  between  the  two 
parties  to  this  contract,  said  profit  consisting  of  the  diffierence  between  the 
actual  cost  of  manufacturing  each  volume,  and  the  wholesale  price  of  the 
sanje,  said  price  to  be  fixed  permanently,  so  far  as  this  contract  is  con- 
cerned, at  cents,  and  the  party  of  the  second  part  agrees  to  sell 
the  books  at  that  price,  except  in  small  lots  of  less  than  ,  and 
on  trade  account.  The  cost  of  manufacturing  shall  be  made  up  by  said 
party  of  the  first  part  by  charging  the  paper  used  at  cost,  the  printing  at  his 
Dsual  rates  for  works  of  a  similar  class,  and  according  to  numbers  ordered, 
and  the  regular  price  for  folding,  collecting,  waste  leaves  and  tissue  paper, 
adding  thereto  the  cost  of  plate  paper,  printing  plates,  cases  and  any  other 
expense  that  would  legitimately  belong  to  the  manufacture  of  the  book. 

2.  The  expense  of  circulars  and  advertising  of  the  series  to  be  divided 
equally  between  the  two  parties  hereto,  an  accurate  account  to  be  kept  of 
the  same,  and  rendered  on  the  days  of  and  in  each  year,  the 
balance  due  from  either  party  to  be  paid  to  the  other  in  cash.  The  extent 
of  advertising,  and  the  amount  to  be  expended  for  circulars  and  advertising, 
to  be  regulated  by  mutual  agreement. 

3.  The  party  of  the  first  part  agrees  to  abate  the  copyright  and  use  of 
plates,  on  all  copies  of  each  new  volume  given  for  editorial  purposes,  to  the 
number  of  copies,  said  abatement  to  be  made  on  settlement  of  adver- 
tising account's,  on  the  days  of  and  of  each  year,  an  accurate 
account  to  be  kept  of  what  copies  are  presented,  and  to  whom  given,  by  the 
party  of  the  second  part. 

4.  The  party  of  the  second  part  to  take  of  each  new  volume  as  issued, 

copies  and  of  subsequent  editions  copies. 


CONTRACTS.  276 


Sales  of  Chattels. 


5.  Payments  to  be  made  by  the  party  of  the  second  part  to  the  party  of 
the  first  part,  by  note  at  months  from  average  time  of  the  delivery  of 
tlie  books. 

6.  The  books  to  be  made  in  the  same  style,  and  uniform  with,  and  not 
inferior  in  quality  to,  the  volumes  as  formerly  published  by 

7.  All  copies  of  the  books  delivered  in  sheets,  or  folded  and  collected,  to 
the  party  of  the  second  part,  to  be  subject  to  the  proper  deductions  for  ■ 
binding. 

8.  The  party  of  the  first  part,  in  consideration  of  the  above,  agrees  to  give 
to  the  party  of  the  second  part  the  exclusive  right  to  publish  the  same. 

It  is  understood  and  agreed  that  this  contract  shall  be  in  full  force  and 
binding  for  the  term  of  three  years  from  this  date,  and  thereafter,  until  one 
party  shall  have  given  to  the  other  one  year's  notice  in  writing,  signifying 
their  wish  to  annul  this  contract ;  and  in  case  no  satisfactory  arrangement 
can  be  made  for  the  settlement  of  each  party's  interest  in  the  same,  an 
arbitrator  shall  be  chosen  by  each  party,  which  said  arbitrators  shall  choose 
a  third  arbitrator,  and  their  decision  in  the  case  shall  be  final  and  binding 
on  all  parties.  In  case  of  the  insolvency  or  death  of  the  party  of  the  first 
part,  or  the  insolvency  or  such  dissolution  of  the  firm  of  the  i)arty  of  the 
second  part,  as  shall  unfavorably  affect  their  standing  and  credit,  it  shall  be 
considered  the  same  as  though  the  three  years  had  expired,  and  the  one 
year's  notice  of  desire  to  terminate  the  contract  had  been  given,  and  ar- 
bitrators shall  be  appointed  to  settle  the  matter  as  provided  above,  if  the 
parties  or  their  executors  cannot  agree  to  a  settlement. 

In  witness  [etc.,  ojt  in  Form  557]. 

571.  Agreement  for  Sale  and  Purchase  of  Personal  Property. 

This  ageeement,  made  this         day  of  )  18    ?  between  A.  B.,  of 

,  farmer,  and  Y.  Z.,  of  ,  merchant,  witnesseth :  That  the  said 

A.  B.,  in  consideration  of  the  agreement  hereinafter  contained,  to  be  per- 
formed by  Y.  Z.,  agrees  to  sell  and  deliver  to  the  said  Y.  Z.,  at  his  store- 
house, in  [here  specify  the  goods,  and  if  desired  the  quality  as  well 
as  quantity],  on  or  before  the  day  of  ,  18  .  And  the  said  Y.  Z., 
in  consideration  thereof,  agrees  to  pay  to  the  said  A.  B.  the  sum  of 
dollars  per  ,  for  the  said  ,  immediately  upon  the  completion  of 
the  delivery  thereof. 

In  witness  [etc.,  as  in  Form  557]. 

572.   Contract  for  Sale  of  Goods  at  a  Price  to  le  Fixed  ly  Appraisal. 
Memorandum  of  agreement  made  this         day  of  i  18    ,  between 

A.  B.,  of  ,  and  Y.  Z  ,  of  ,  witnesseth :  That  it  is  hereby  agreed 

by  the  said  parties,  that  all  and  singular  the  household  goods,  furniture  and 
stock  in  trade,  which  are  the  property  of  A.  B.,  and  contained  in  and 
belonging  to  the  store  and  dwelhng  now  occupied  by  the  said  A.  B.  [or, 
which  are  mentioned  in  the  schedule  hereunto  annexed],  shall,  at  the  joint 
and  equa'  charge  of  the  said  parties,  be  appraised  by  M.  N.  and  O.  P.,  on 


276  ABBOTTS'  FOEMS. 


Contracta  for  Sale  of  Personal  Property. 


or  before  the         day  of  next,  when  the  said  M.  N.  and  O.  P.  shall, 

in  writing  by  them  signed,  give  in  their  appraisement  to  the  said  parties ; 
and  in  case  the  said  appraisers  shall  differ  in  such  valuation,  then  a  third 
indifferent  person  chosen  by  them  as  an  umpire  shall  determine  the  same, 
whose  valuation  in  writing  by  him  signed  shall  be  given  in  to  the  said 
parties,  within  three  days  after  his  election.  And  the  said  A.  B.  covenants 
with  the  said  Y.  Z.  that,  immediately  after  such  valuation  being  made,  he 
will  make  and  deliver  an  absolute  bill  of  sale,  of  all  the  said  goods,  furniture 
and  stock  in  trade,  and  will  give  possession  thereof  unto  the  said  Y.  Z.,  at 
the  price  the  same  shall  be  appraised  at  as  aforesaid.  And  the  said  Y.  Z. 
hereby  covenants  with  the  said  A.  B.,  that  he  will  accept  the  said  property 
at  such  price,  and,  on  the  delivery  thereof  with  the  bill  of  sale,  will  pay  tc 
the  said  A.  B.  the  sum  of  money  at  which  the  same  shall  be  appraised  as 
aforesaid. 
In  wiTifBSS  [etc.,  as  in  Form  557]. 

573.  Contract/or  Sale  of  Stock  of  Goods  and  Good-will  of  Business,  WitTt, 
Covenant  in  Restraint  of  the  Vendar. 

This  agkkemknt,  made  the        day  of  ,  in  the  year  18    ,  between 

A.  B.,  of  ,  and  Y.  Z  ,  of  ,  witnesseth  :  That  the  said  A.  B., 

for  the  consideration  hereinafter  specified,  agrees  to  sell  to  the  said  Y.  Z., 
and  the  said  Y.  Z.  agrees  to  buy  of  the  said  A.  B ,  all  the  stock  of  goods, 
wares  and  merchandise  belonging  to  the  said  A.  B.,  and  now  being  in  the 
store  occupied  by  him  in  ,  togetlier  with  the  furniture  and 

fixtures  thereunto  appertaining,  and  also  all  the  merchandise  of  every  name 
and  nature,  bought  or  contracted  for  by  the  said  A,  B.,  and  intended  for 
sale  in  the  said  store,  and  the  good-will  of  the  business  heretofore  carried 
on  there  by  A.  B.  The  stock  of  goods,  wares  and  merchandise  is  to  be  in- 
ventoried to  the  said  Y.  Z.  at  the  original  cost,  without  including  trans- 
portation expenses;  and  deduction  is  to  be  made  for  any  depreciation  in 
value  on  account  of  damage,  wear  or  tear;  and  the  furniture  and  fixtures 
are  to  be  inventoried  at  their  fair  cash  value.  If  the  parties  cannot  agree 
as  to  such  valuation  and  deduction,  the  same  shall  be  [hej-e  may  insert  clause 
as  to  appraisal,  as  in  Form  572].  Said  inventory  is  to  be  completed  within 
days  from  the  date  hereof,  and  the  property  above  specified  delivered 
to  the  said  Y.  Z.  immediately  thereupon,  or  upon  the  completion  and 
delivery  of  the  appraisal. 

In  consideration  thereof,  the  said  Y.  Z.  agrees  to  execute  and  deliver  to 
the  said  A.  B.,  upon  delivery  of  said  goods,  as  full  payment  of  [or,  to  secure 
the  payment  of]  the  purchase-money  of  the  same,  his  promissory  note  or 
notes,  in  such  several  sums  as  the  said  A.  B.  shall  direct,  payable  at 
months  after  date,  at  the  Bank,  with  interest  [and  indorsed  by  M 

N.,  of  ]. 

And  the  said  A.  B.  further  covenants  and  agrees  to  and  with  the  said  Y. 
Z.,  that  he  will  not,  at  any  time  hereafter,  engage,  directly  or  indirectly,  or 
concern  himself,  in  carrying  on  or  conducting  the  business  of  , 

either  as  principal,  agent  or  servant,  within  of  the  aforesaid  premises 

now  occupied  by  him  as  aforesaid  for  such  purpose. 


CONTRACTS.  277 


Sale  of  Stock  ; — of  Lands. 


And  it  is  expressly  understood  that  the  stipulations  aforesaid  are  to  apply 
to,  and  to  bind  the  heirs,  executors  and  administrators  of  the  respective 
parties ;  and  in  case  of  failure,  the  parties  bind  themselves,  each  unto  the 
other,  in  the  sum  of  dollars,  as  liquidated  damages,  to  be  paid  by  the 

failing  party. 

In  witness  [etc.,  as  in  Form  557]. 

574.  Agreement  to  Sell  Shares  of  Stock  in  a  Corporation  or  Joint-stock 

Company. 

This  agreement,  made  the  day  of  ?  18    ,  between  A.  B.,  of 

,  merchant,  and  Y.  Z,,  also  of  said  place,  broker,  witnesseth:  That 

the  said  A.  B.  agrees  to  sell  and  convey  to  the  said  Y.  Z,,  on  or  before  the 

day  of  next,  shares  of  the  capital  stock  of  the 

Company,  now  owned  and  held  by  the  said  A.  B.,  and  standing  in  his 
name  on  the  books  of  the  said  company,  and  to  make  and  execute  unto  the 
said  Y.  Z.  all  assignments,  transfers  and  conveyances,  necessary  to  assure 
the  same  to  him,  his  executors,  administrators  and  assigns. 

In  consideration  wbereof,  the  said  Y.  Z.  agrees  to  pay  unto  the  said  A. 
B.,  for  such  stock,  dollars  per  share  [or,  the  average  cash  market 

price  of  the  same,  for  and  during  days  preceding  the  said  day 

of  ,  to  be  determined  by  the  sales  made  in  the  board  of  brokers  in 

],  the  same  to  be  payable  as  soon  as  the  said  assignment  and  the 
scrip  of  stock  so  assigned  shall  be  properly  executed  and  delivered  to  the 
said  Y.  Z. 

In  witness  whereof,  the  said  parties  have  hereto  set  their  hands  [and 
seak]  the  day  and  year  first  above  written. 

[Signatures,  with  or  without  seals.] 

575.   Contract  for  Sale  of  Land. 

Akticles  of  agreement,  made  the  day  of  ,  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  merchant,  of  the  first 

part,  and  Y.  Z.,  of  ,  counsellor  at  law,  of  the  second  part,  witness- 

eth :  That  the  said  party  of  the  first  part,  for  and  in  consideration  of  the 
sum  of  dollars,  to  in  hand  paid  [or,  to  be  fully  paid  as  herein- 

after mentioned],  has  contracted  and  agreed  to  sell  to  the  said  party  of  the 
second  part,  all  that  certain  piece  or  parcel  of  land,  situate  in  the  town  of 
,  in  county  and  State  of  [here  insert  brief  descrip- 

tion— e.  g.],  known  and  distinguished  on  a  map  made  by  M.  N.  of  the  prop- 
erty of  A.  B.,  as  lot  number  .  And  the  said  party  of  the  first  part 
agrees  to  execute  and  deliver  to  the  said  party  of  the  second  pai't  a  warranty 
deed  for  the  said  land :  provided,  and  upon  condition,  nevertheless,  that 
the  said  party  of  the  second  part,  his  heu's  or  assigns,  pay  to  the  said 
party  of  the  first  part,  his  heirs  or  assigns,  for  the  same  land,  the  sum  of 
,  lawful  money  of  the  United  States  of  America,  payable  as  foUows : 
[the  sum  of  dollars  to  he  deposited  in  the  hands  of  M.  N.,  on  signing 

this  agreement,  to  be  paid  over  to  A.  B.  on  the  delivery  of  the  deed],  the 


'278  ABBOTTS'  FORMS. 


Building  Loan. 


sum  of  dollars  on  the  delivery  of  the  deed,  which  is  to  be  at  the  office 

of  ,  at  ,  between  the  hours  of  and  on  the 

day  of  ,  and  the  sum  of  dollars  to  be  secured  by  a  purchase- 

money  mortgage  by  said  Y.  Z.,  payable  [here  insert  terms],  together  with 
the  personal  bond  of  said  Y.  Z.  for  said  sum,  in  the  penalty  of  dol- 

lars :  And  the  said  party  of  the  second  part,  for  himself,  his  heirs,  executors 
and  administrators,  does  covenant  and  agree  to  and  with  the  said  party  of 
the  first  part,  his  heirs  and  assigns,  that  the  said  party  of  the  second  part 
will  pay  the  said  several  sums  as  they  severally  become  due,  with  the  in- 
-  terest  thereof,  without  deduction  of  any  taxes  or  assessments  whatever. 

Y  /^And  it  is  further  agreed  between  the  parties  to  these  presents,  that  if 
default  be  made  in  fulfilling  this  agreement^  or  any  part  thereof,  on  the  part 
of  the  said  party  of  the  second  part,  then,  and  in  sucli  case,  the  said  party 
of  the  first  part,  liis  heirs  and  assigns,  shall  be  at  liberty  to  consider  this 
contract  as  forfeited  and  annulled,  and  to  dispose  of  the  said  land  to  any 
other  person,  in  the  same  manner  as  if  this  contract  had  never  been  made. 

In  witness  wheheof,  they  have  hereunto  set  their  hands  and  seals  the 
day  and  year  above  written.  [Signatures  and  seals.] 

Sealed  and  delivered ) 
in  presence  of      ) 
[Signature  of  witnesses.] 


576.  7%e  Same  ;   With  Building  Loan. 

This  agbeement,  made  the  day  of  ,  one  thousand  eight 

hundred  and  ,  between  A.  B.,  of  the  city  of  ,  gentleman, 

party  of  the  first  part,  and  Y.  Z.,  of  the  same  place,  builder,  party  of  the 
second  part,  witnesseth  as  follows  : 

The  said  party  of  the  first  part  agrees  to  sell,  and  the  said  party  of  the 
second  part  agrees  to  purchase  from  him,  all  those  certain  lots,  pieces 

or  parcels  of  land,  situate,  lying  and  being  in  the  ward  of  the  city  of 

,  and  which,  taken  together,  are  bounded  and  described  as  follows 
— ^to  wit :  [description]  for  all  the  sura  of  dollars,  payable  as  follows, 

and  on  the  terms  and  conditions  following — that  is  to  say : 

Said  party  of  the  second  part  shall  forthwith  commence  on  said  lots  of 
land  the  erection  of  good  and  substantial  dwelling-houses,  to  be  of 

brick,  with  brown-stone  fronts,  three  stories,  basement  and  sub-cellar,  in 
height,  each  of  which  to  be  of  the  width  of  the  lot  upon  which  it  shall 
stand,  by  feet  in  depth,  to  be  built  of  good  materials  and  workman- 

sliip,  and  to  conform  in  all  respects  to  the  plans  and  specifications  and 
drawings  of  M.  N.,  architect,  as  the  same  have  been  modified  and  signed  by 
both  of  the  parties  hereto. 

And  to  enable  said  party  of  the  second  part  to  erect  and  finish  said 
dwelling-houses,  and  the  walks  and  yards  in  front  and  rear  of  the  same,  the 
said  party  of  the  first  part  does  agree  to  lend  to  the  said  party  of  the  second 
part,  the  sum  of  dollars  towards  the  erection  and  finishing  of  each 

of  the  said  houses ;  and  that  such  loan  shall  be  made  at  the  times  and  in 
the  manner  following — to  wit : 


CONTRACTS.  279 


With  Building  Loan. 


$  . — 1.  When  the  first  tier  of  heams  are  on  each  and  every  house 

and  the  rear  walls  are  up  to  the  same,  dollars. 

$  . — 2.  When  the  second  tjer  of  beams  are  on  each  and  every  house 

and  the  rear  walls  are  up  to  the  same,  dollars  [and 

so  on  with  each  stage  at  which  an  advance  is  to  be  made]. 

$  . — 9.  When  each  and  every  liouse  shall  be  completely  finished 

(including  the  walks  in  front  and  rear  yards),  ready  for  oc- 
cupation, the  remaining  sum  of  dollars. 

And  it  is  further  agreed,  that  the  said  houses  shall  be  so  erected  and 
finished  under  the  direction  and  supervision  of  O.  P.,  who  is  hereby  ap- 
pointed superintendent  for  that  purpose,  and  whose  certificate  in  writing, 
certifying  that  the  work  has  been  done  to  his  satisfaction,  and  that  the  pay- 
ment demanded  is  due,  shall  first  be  obtained  to  entitle  the  said  party  of 
the  second  part,  to  the  several  amounts  agreed  to  be  loaned  as  aforesaid. 
The  expenses  of  the  said  shall  be  borne  by  the  party  of  the  first 

part. 

And  it  is  further  agreed,  that  if,  at  any  time,  when  an  advance,  on  ac- 
count of  such  loans,  is  demanded,  there  shall  be  any  unsatisfied  mechanic's 
lien  or  liens  aftecting  the  title  of  said  premises,  or  any  part  thereof,  the 
amount  agreed  to  be  loaned  shall  not  be  advanced  until  such  lien  or  liens 
are  satisfied  or  discharged  of  record. 

And  it  is  further  agreed,  tliat  when  the  said  houses,  walks  and 

yards  shall  be  completely  finished,  ready  for  occupation  as  aforesaid,  and 
when  the  certificate  of  the  said  O.  P.  shall  be  produced  to  that  effect,  and 
when  all  taxes,  assessments  and  Croton  water  rents,  assessed  or  imposed 
upon  said  premises,  or  any  part  thereof,  after  the  date  of  this  agreement, 
shall  be  paid;  and  when  all  liens  affecting  said  premises,  or  any  part 
thereof,  incurred  by  the  said  party  of  the  second  part,  shall  be  discharged 
of  record,  then  the  said  party  of  the  first  part  shall,  on  the  execution  and 
dehvery  of  the  bonds  and  mortgages  hereinafter  mentioned,  convey  the  said 
premises  to  the  said  party  of  the  second  part,  by  warranty  deed,  with  the 
usual  full  covenants,  in  which  deed  his  wife  shall  join,  and  by  which  the 
said  premises  shall  be  conveyed  free  from  aU  encumbrances ;  that  to  entitle 
the  said  party  of  the  second  part  to  such  deed,  he  shall,  at  the  time  of 
the  delivering  thereof,  execute  and  deliver  to  the  said  party  of  the  first 
part,  bonds  and  mortgages,  each  of  which  bonds  shall  be  conditioned 

for  the  payment  of  the  sum  of  dollars,  and  secured  by  a  mortgage  of 

or  upon  one  of  the  said  lots,  with  the  house  then  erected  thereon.  All  of 
said  bonds  and  mortgages  shall  bear  date  on  the  day  of  the  delivery  of  said 
deed  of  conveyance,  and  the  money  secured  thereby  shall  become  due  and 
payable  in  three  years  trom  the  date  thereof,  with  interest  at  seven  per  cent, 
per  annum,  to  be  computed  from  such  date,  and  to  be  paid  semi- 
annually, and  shall  contain  the  usual  interest  condition  of  thirty  days.  All 
of  said  mortgages  shall  be  executed  by  the  said  party  of  the  second  part  and 
his  wife,  and  shall  contain  usual  insurance  covenants  tfiat  the  premises  shall 
be  kept  insured  in  an  amount  to  be  approved  by,  and  the  policies  to  be  as- 
signed to,  the  party  of  the  first  part 

And  it  is  further  agreed,  tliat  interest  at  the  rate  of  seven  per  cent,  per 


280  ABBOTTS'  FORMS. 


Building  Loan. 


annum  shall  be  paid  by  tiie  party  of  the  second  part  to  the  said  party  of  the 
first  part  on  the  amount  of  the  purchase-money  above  mentioned,  from  the 
date  of  this  agreement,  and  on  the  amounts  agreed  to  be  loaned  ft-om  the 
date  of  their  respective  advances  to  the  date  of  said  bonds  and  mortgages, 
or  such  interest  may  be  retained  by  said  party  of  the  first  part  out  of  and 
from  the  last  amount  so  agreed  to  be  loaned.  And  said  party  of  the  second 
part  shall  bear  and  pay  all  taxes,  assessments  and  Croton  water  rents  that 
may  be  assessed  or  imposed  upon  said  premises  after  the  date  of  this  agree- 
ment, as  also  the  costs  and  charges  of  R.  S.,  counsellor-at-law,  for  drawing' 
this  agreement  and  the  bonds  and  mortgages  aforesaid.  And  it  is  hereby 
made  optional  with  the  said  party  of  the  first  part  to  have  the  amount  of 
the  purchase-money  and  loans  secured  by  more  than  bonds  and  mort- 

gages, provided  the  same  do  not  exceed  two  mortgages  on  each  of  said 
houses  and  lots.  And  it  shall  also  be  optional  with  said  party  of  the  first 
part  to  mortgage  said  premises  to  the  amount  of  said  purchase-money  and 
loans,  or  any  part  thereof,  and  then  convey  said  premises  subject  to  such 
mortgages,  taking  from  the  said  party  of  the  second  part  other  bonds  to 
make  up  the  deficiency,  if  any,  of  the  full  amount  of  said  purchase-money 
and  loans,  secured  by  mortgages  of  or  upon  said  houses  and  lots,  and  con- 
taining the  same  terms  and  conditions  as  the  bonds  and  mortgages 
first  above  mentioned. 

And  it  is  further  agreed,  that  when  said  houses  shall  be  inclosed  and 
roofs  on,  said  party  of  the  second  part  shall  cause  the  same  to  be  insured 
against  loss  or  damage  by  fire,  in  an  insurance  company  in  the  city  of  , 
and  shall  assign  the  policies  of  insurance  to  said  party  of  the  first  part  as 
collateral  security  for  said  purchase-money  and  loans  ;  that  such  insurance 
shall  from  time  to  time  be  increased  as  said  houses  progress  in  the  course 
of  erection  until  they  shall  be  completely  finished  ;  and  that  at  the  time  of 
the  delivery  of  said  deed  policies  of  insurance  shall  be  effected  on  each 
house  and  assigned  to  said  party  of  the  first  part ;  and  that  whenever  an 
insurance  is  to  be  made  or  effected  as  above  provided,  it  shall  be  in  an  in- 
surance company,  and  to  an  amount  to  be  designated  and  approved  by  said 
party  of  the  first  part;  and  in  case  said  party  of  the  second  part  shall  fail 
to  effect  such  insurance  or  assign  such  policy  or  policies,  then  the  said  party 
of  the  first  part  shall  effect  the  same,  charge  the  expense  thereof  to  the 
said  party  of  the  second  jiart,  and  deduct  the  same  from  the  next  advance 
or  instalment  of  said  loan  that  shall  thereafter  become  due. 

And  it  is  further  agreed,  that  the  said  party  of  the  second  part  shall  not 
sell,  assign  or  dispose  of  this  agreement,  or  his  interest  therein,  without 
the  written  consent  of  said  party  of  the  first  part  first  had  and  obtained ; 
and  that  said  party  of  the  first  part  shall  not  be  required  to  make  said  loan, 
or  any  part  thereof,  or  said  deed  to,  or  accept  the  bonds  and  mortgages  of 
any  other  party  or  parties,  unless  he  shall  elect  so  to  do. 

And  it  is  further  agreed,  that  said  party  of  the  second  part  shall  forthwith 
commence  the  erection  of  said  houses,  shall  proceed  with  the  same  without 
unnecessary  delay,  and  shall  furnish  all  materials,  and  completely  erect  and 
finish  the  same,  with  the  walks  and  yards  thereof,  on  or  before  the  day 
of  ,  18    ;  and  in  case  the  said  party  of  the  second  part  shall  fail  to 


CONTRACTS.  281 


Sale  of  Eeal  Property. 


erect  and  completely  finish  the  said  houses,  with  the  walks  and  yards 
thereof,  on  or  by  the        day  of  18    ,  or  in  case  the  work  of  erecting 

said  houses  shall,  in  the  opinion  of  said  0.  P.,  be  unreasonably  delayed,  or 
in  case  the  said  party  of  the  second  part  shall  sell  or  assign  his  interest  in 
or  under  this  agreement  without  the  written  consent  aforesaid,  that  then, 
and  in  either  of  such  events,  the  said  party  of  the  first  part  shall  have  the 
right,  and  he  is  hereby  expressly  authorized  and  empowered  to  sell  the 
whole  of  said  premises,  together  with  the  unfinished  buildings  thereon,  at 
public  auction,  to  the  highest  bidder,  on  giving  to  said  party  of  the  second 
part  fifteen  days'  notice  thereof,  and  on  advertising  the  same  for  fifteen 
days  in  one  of  the  public  newspapers  printed  in  the  city  of  ,  and  that 

at  such  sale  said  party  of  the  first  part  shall  be  allowed  to  bid ;  which  sale 
shall  be  a  perpetual  bar  against  any  claim  to  be  made  for  any  of  the  said 
buildings  or  erections,  and  any  claims  under  this  agreement  by  the  said 
party  of  the  second  part,  and  all  persons  claiming  under  him ;  and  he,  the 
said  party  of  the  second  part,  shall  forthwith  quit  and  abandon  said  prem- 
ises; and  this  agreement  shall  thenceforth  cease  and  determine,  except  that 
in  case  the  said  sale  shall  produce  an  amount  more  than  is  sufficient  to  pay  the 
contract  price  of  said  lots  and  loans  which  have  then  been  made,  and  interest 
and  expense  of  insurance,  and  costs  of  sale  as  aforesaid,  the  excess  shall  be 
paid  to  the  said  party  of  the  said  second  part.  And  if  such  sale  shall  not 
produce  sufficient  to  satisfy  said  contract  price,  loans,  interest,  expense  of 
insurance  and  costs  of  sale,  then  the  said  party  of  the  second  part  shall 
forthwith,  and  on  demand,  pay  such  deficiency  to  the  said  party  of  the  first 
part. 

And  it  is  further  and  finally  agreed,  that  the  stipulations  and  agree- 
ment aforesaid  shall  apply  to  and  bind  the  heirs,  executors  and  adminis- 
trators of  the  respective  parties  thereto. 

In  witness  whereof  [etc.,  as  in  preceding  forrn]. 

577.   Contract  for  Sale  of  Farm  and  Mill ;  Payment  in  Instalments. 

Articles  of  agreement  made  this        day  of  ?  18    ,  between  A.  B., 

of  the  town  of  ,  in  the  county  of  ,  and  State  of  ,  of  the 

first  part,  and  Y.  Z.,  of  the  town  aforesaid,  of  the  second  part,  witnesseth : 
That  the  said  party  of  the  first  part  hereby  agrees  to  sell  to  the  said  party 
of  the  second  part  his  house,  farm  and  premises,  whereon  he  now  lives, 
situate  in  the  town  of  ,  containing  about  acres,  more  or  less, 

together  with  the  crops  growing  on  the  same ;  all  the  lumber  for  the  house, 
all  the  tools  belonging  to  the  saw-mill,  all  the  apparatus  belonging  to  the 
grist-mill,  together  with  all  the  fixtures  and  machinery  belonging  to  the 
fulling-mill  and  carding-machine,  together  with  every  article  attached  to 
the  freehold,  for  the  sum  of  dollars,  which  the  said  party  of  the 

second  part  agrees  to  pay  as  follows — viz, :  dollars  upon  signing 

this  agreement ;  dollars  by  the        day  of  next ;  dol- 

lars on  the  day  of  next,  and  giving  a  mortgage  on  the  farm 

whereon  he  now  lives,  for  dollars,  in  equal  annual  pay- 

ments, with  annual  interest  on  the  same;  at  which  time  the  said  party 


282  ABBOTTS'  FORMS. 


Special  Claiir«es  in  (contracts  for  Sale  of  Lands. 


of  the  first  part  is  to  make  and  execute  to  the  said  party  of  the  second 
part  a  good  and  sufficient  warranty-deed  for.  the  premises  hereby  sold, 
upon  the  delivery  of  which  the  said  party  of  the  second  part  is  to  se- 
cure the  remainder — to  wit :  dollars  by  a  bond  and  mortgage  for  the 
jmyment  of  said  remaining  sum,  in  equal  annual  instalments,  with 
interest  semi-annually  upon  the  same,  interest  to  commence  on  the  day 
of  next,  at  which  time  the  said  party  of  the  second  part  is  to  have 
full  possession  of  all  the  premises.  And  it  is  agreed  by  the  said  parties, 
that  this  agreement  is  to  bind  themselves,  their  lieirs,  executors  and  admin- 
istrators, jointly  and  severally,  firmly  by  these  presents.  ' 
In  witness  whkheof  [etc.,  as  in  preceding  form?. 


578.  Stipulation  as  to  Terms  of  Purchase-money  Mortgage. 

With  the  privilege  to  the  party  of  the  second  part,  at  any  time  before  the 
expiration  of  said  ten  years,  to  pay  off  said  mortgage  in  whole  or  in  sums 
of  thousand  or  more  dollars  at  a  time,  on  giving  months'  notice 

to  the  party  of  the  first  part  of  intention  so  to  do,  and  the  bond  and  mort- 
gage to  contain  a  clause  to  that  effect. 


579.  Stipulation  as  to  Time  of  TaTcing  Possession  and  Income. 

It  is  further  agreed  between  the  said  parties,  that  the  said  Y.  Z.  shall  be 
let  into  possession  of  the  premises  on  the         day  of  next ;  but 

that  all  arrears  of  rent  and  other  profits,  arising  from  the  said  premises, 
wliich  shall  be  due  and  payable  on  or  before  that  day,  shall  belong  to  the 
said  A.  B.,  his  heirs  or  assigns,  and  that  he  and  they  shall  have  full  liberty 
to  collect  and  receive  the  same. 


580.  Stipulation  as  to  Possession,  Taxes,  etc. 

It  is  further  agreed  that  the  party  of  the  first  part  is  to  have  and  retain 
possession  of  the  premises  untU  the         day  of  next,  when  the  same 

shall  be  delivered  up  to  the  party  of  the  second  part,  upon  his  compliance 
with  the  agreements  hereinabove  contained ;  that  the  said  party  of  the 
second  part  shall  pay  all  taxes  and  assessments,  becoming  chargeable  to, 
and  upon  the  said  premises,  after  the  delivery  of  the  possession  thereof  to 
him  as  aforesaid  ;  and  that,  if  default  be  made  in  fulfilling  this  agreement, 
or  any  part  thereof,  on  the  part  and  behalf  of  the  said  party  of  the  second 
part,  then,  and  in  such  case,  the  said  paity  of  the  first  part  shall  be  at 
liberty  to  consider  this  contract  as  forfeited  and  annulled ;  and  if  the  said 
party  of  the  second  part  shall  be  in  the  possession  of  the  said  premises,  at 
the  time  of  making  such  default,  the  party  of  the  first  part  shall  hdve  full 
and  ample  right  to  proceed  against  the  said  party  of  the  second  part,  and 
remove  him  therefrom,  in  the  manner  now  provided  by  law  for  the  removal 
of  persons  forcibly  entering  into  the  possession  of,  and  detaining,  any  lands 
or  other  possessions. 


OONTEACTS.  283 


purchase  of  Land.  Building. 

581.  Provision  that  Existing  Insurance  Shall  Inure  to  the  Benefit  of  the 

Purchaser. 

And,  in  case  the  house  on  said  premises  should  be  injured  by  fire  before 
the  said         day  of  ,  the  said  A.  B.  shall  hold  the  said  insurance  in 

trust  for,  and  -will  then  transfer  the  same  to  the  said  Y.  Z.  with  the  deed 
of  the  premises. 

582.  Contract  Between  Several  Persons  to   Unite  in  a  Purchase,  Each  to 

Bear  a  Proportion  of  the  Purchase-money  and  Charges. 

Whereas  we,  A.  B.,  of  ,  manufacturer,  and  0.  D.,  of  ,  farmer, 

and  E.  F.,  of  ,  blacksmith,  are  desirous  to  purchase  the  parcel  of  land 

situate  in  ,  now  in  the  occupation  of  M.  N.     Now  we  severally  agree 

with  each  other,  that  if  any  one  or  more  of  us  shall  purchase  the  same  [or 
any  part  thereof],  each  of  the  others  of  us  will  pay  his  respective  propor- 
tion of  such  purchase-money,  and  that  all  charges  and  expenses  relating 
thereto  shall  be  borne  by  us  in  equal  proportions,  and  that  any  such  pur- 
chase shall  be  for  the  joint  and  equal  benefit  of  us  all;  provided,  however, 
that  the  purchase-money  for  the  said  parcel  of  land  do  not  exceed, 
dollars  [or  in  that  proportion  for  a  part]. 

In  witness  [etc.,  as  in  Form  55Y]. 

583.  Agreement  for  a  Lease. 

This  memoeandum  of  an  agreement,  made  this         day  of  ,  18     , 

between  A.  B.,  of  the  city  of  New  York,  merchant,  and  Y.  Z.,  of  said  city, 
merchant,  witnesseth  that  the  said  A.  B.  agrees,  by  indentui-e,  to  be 
executed  on  or  before  the         day  of  next,  to  demise  and  let  to  the 

said  Y.  Z.,  a  certain  house  and  lot  in  said  city,  now  or  late  in  the  occupa- 
tion of  M.  K,  known  as  No.  ,  in  Street,  to  hold  to  the  said  Y.  Z., 
his  executors,  administrators  and  assigns,  from  the  day  of  afore- 
said, for  and  during  the  term  of  years,  at  or  under  the  clear  yearly 
rent  of  dollars,  payable  quarterly ;  in  which  lease  there  shall  be  con- 
tained covenants  on  the  part  of  the  said  Y.  Z.,  his  executors,  administrators 
and  assigns,  to  pay  the  rent  [except  that  in  case  the  premises  are  destroyed 
by  fire,  the  rent  is  to  cease  untU  they  are  rebuilt  by  the  said  A.  B  ],  and  to 
pay  all  taxes  and  assessments  [except  the  ground-rent] ;  to  repair  the  prem- 
ises [except  damages  by  fire] ;  not  to  carry  on  any  oflfensive  or  other 
business  on  the  premises,  without  the  written  permission  of  the  said  A.  B. ; 
to  deliver  the  same  up  at  the  end  of  the  term,  in  good  repair  [except 
damages  by  fire,  as  aforesaid] ;  with  all  other  usual  and  reasonable  cove- 
nants, and  a  proviso  for  the  re-entry  of  the  said  A.  B.,  his  heirs  and  assigns, 
in  case  of  the  non-payment  of  the  rent  for  the  space  of  fifteen  days  after 
either  of  the  said  rent-days,  or  the  non-performance  of  any  of  the  covenants. 
And  there  shall  also  be  contained  covenants  on  the  part  of  the  said  A.  B., 
his  heirs  and  assigns,  for  quiet  enjoyment;  to  renew  said  lease  at  the 
expiration  of  said  term,  for  a  further  period  of               years,  at  the  same 


284  ABBOTTS'  FORMS. 


Building  Contracts. 


rent,  on  the  said  Y.  Z.,  his  executors,  administrators  or  assigns,  paying  the 
said  A.  B.,  his  executors,  administrators  or  assigns,  the  sum  of  dollaj-s, 

as  a  premium  for  such  renewal ;  and  that  in  case  of  an  accidental  fire,  at 
any  time  during  the  term,  the  said  A.  B.  will  forthwith  proceed,  to  put  the 
premises  in  as  good  repair  as  before  such  fire,  the  rent  in  the  mean  time  to 
cease.  And  the  said  Y.  Z.  hereby  agrees  to  accept  such  lease  on  the  terms 
aforesaid.  And  it  is  mutually  agreed  that  the  cost  of  this  agreement,  and 
of  making  and  recording  said  lease,  and  a  counterpart  thereof,  shall  be 
borne  by  the  said  parties  equally. 
In  witness  [etc.,  as  in  Form  657]. 

584.  Contract  for  Building. 

Memobandum  of  agreement  made  this         day  of  ,  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  merchant,  of  the  first 

part,  and  Y.  Z.,  of  ,  builder,  of  the  second  part.  *    The  said  party  of 

the  second  part  covenants  and  agrees  to  and  with  the  said  party  of  the  first 
part,  to  make,  erects  build  and  finish  in  a  good,  substantial  and  workman- 
like manner,  on  the  lot  belonging  to  the  party  of  the  first  part,  and  known 
as  No.        ,  in  Street,  one  brick  stable  agreeable  to  the  draft,  plan 

and  explanation  hereto  annexed,  of  good  and  substantial  materials  [or,  of 
such  materials  as  the  party  of  the  first  part  may  find  and  provide  therefor], 
by  the        day  of  next.    And  the  said  party  of  the  first  part  covenants 

and  agrees  to  pay  unto  the  said  party  of  the  second  part,  for  the  same,  the 
sum  of  dollars,  lawful  money  of  the  United  States,  as  follows :  the 

sum  of  [here  state  terms  of  payment^ 

[If  the  owner  is  to  furnish  materials,  add:  And  also,  that  he  will  furnish 
and  procure  the  necessary  materials  for  the  said  work,  in  such  reasonable 
quantities,  and  at  such  reasonable  time  or  times,  as  the  said  party  of  the 
second  part  shall  or  may  require.] 

And  for  the  true  and  faithful  performance  of  all  and  every  of  the  covenants 
and  agreements  above-mentioned,  the  parties  to  these  presents  bind  them- 
selves, each  unto  the  other,  in  the  penal  sum  of  dollars,  as  liquidated 
damages  to  be  paid  by  the  failing  party. 

In  witness  [etc.,  as  in  Form  557], 

585.  Special  Stipulations  Which  May  be  Inserted  According  to  the  Nature 

of  the  Case. 

The  said  building  is  to  be  completed  and  delivered  to  the  party  of  the 
first  part  entirely  finished  and  ready  for  the  occupation  of  tenant^  on  the 
day  of  »  18    ,  unless  such  delivery  be  prevented  by  accidental 

fire. 

The  party  of  the  first  part  may  make,  or  require  to  be  made,  alterations 
in  the  plan  of  construction  from  that  herein  and  in  said  specification  and 
plan  expressed,  without  annulling  or  invalidating  this  agreement ;  and,  in 
case  of  any  such  alterations,  the  increase  or  diminution  of  expense  occa- 
sioned thereby  shaL   De  estimated  according  to  the  price  fixed  by  thesa 


CONTRACTS.  285 


Masons'  Work  of  Building. 


presents  for  the  whole  work  and  materials,  and  allowances  shall  be  made  on 
one  side  or  the  other,  as  the  case  may  be. 

If  there  shall  be  any  delay  on  the  part  of  the  party  of  the  second  part,  in 
erecting  or  completing  said  building,  that  in  the  opinion  of  the  superin- 
tendent will  prevent  its  being  completed  on  the  day  herein  specified,  tlien 
the  party  of  the  first  part  may,  at  his  option,  either  employ  persons  other 
than  the  party  of  the  second  part  to  do  the  whole  or  any  part  of  said  work, 
and  furnish  the  whole  or  any  part  of  said  materials,  and  deduct  the  cost  of 
the  same  from  the  sum  hereinbefore  agreed  to  be  paid  by  the  party  of  the 
first  part,  or  leave  tbe  completion  of  said  building  unto  the  party  of  the 
second  part,  and  enforce  his  claim  for  damages,  should  said  building  be  not 
completed  on  the  day  herein  specified. 

If  the  said  building  shall  not  be  finished,  completed  and  delivered  in  man- 
ner aforesaid  by  the  said  day  of  next,  the  said  party  of  the 
second  part  shall  forfeit  the  sum  of  dollars  for  each  and  every  day 
from  and  after  that  time  during  which  the  said  building  shall  remain 
unfinished,  and  not  completed  and  delivered  as  aforesaid,  to  be  deducted 
from  the  sum  hereinbefore  agreed  to  be  paid  by  the  party  of  the  first  part. 

In  case  of  any  disagreement  between  said  parties,  relating  to  the  per- 
formance of  any  covenant  or  agreement  herein  contained,  such  disagreement 
shall  be  referred  to  three  disinterested  persons,  one  to  be  chosen  on  each 
side,  and  they  two  to  choose  another;  the  decision  in  writing,  signed  by  any 
two  of  whom,  shall  be  final. 

586.   Contract  for  Masons'  WorTc  of  a  Building. 

[Js  in  the  preceding  form  to  the*,  continuing  thus  t"] 

1.  The  said  party  of  the  second  part  doth  hereby,  for  himself,  his  heirs, 
executors  and  administrators,  covenant,  promise  and  agree  to  and  with  the 
said  party  of  the  first  part,  his  executors,  administrators  and  assigns, 
that  he,  the  said  party  of  the  second  part,  his  executors  or  administrators, 
shall  and  will,  for  the  considerations  hereinafter  mentioned,  on  or  before 
the  day  of  next,  well  and  sutBciently  erect  and  finish  the 

masons'  part  of  stores,  on  the  lots  Numbers        and        ,  in 

street,  in  the  city  of  ,  agreeable  to  the  several  drawings  and  speci- 

fications made  by  M.  K,  architect,  and  signed  by  the  parties  hereto,  within 
the  time  aforesaid,  in  a  good,  workmanlike,  and  substantial  manner,  to  the 
satisfaction  and  under  the  direction  of  the  said  architect,  or  such  other 
ai-chiteot  in  good  standing  as  the  party  of  the  first  part  shall  select  for  that 
purpose,  to  be  testified  by  a  writing  or  certificate,  under  the  hand  of  the 
said  architect ;  and  also  shall  and  will  find  and  provide  such  good,  proper 
and  sufficient  materials  of  all  kinds  whatsoever,  as  shall  be  proper  and  suffi- 
cient for  completing  and  finishing  all  the  stone-masons,  bricklayers,  plaster- 
ers, brown-stone  cutters,  excavators,  granite  and  blue-stone  cutters,  and 
other  works  of  the  said  buildings  mentioned  in  the  said  specifications,  for 
the  sum  of  dollars.     And  the  said  parties  of  the  first  part  do  hereby, 

for  themselves,  their  heirs,  executors  and  administrators,  covenant,  promise 
and  agree  with  and  to  the  said  party  of  the  second  part,  his  executors  and 


286  ABBOTTS'  FORMS. 

Contract  for  Building. 


administrators,  that  they,  the  said  parties  of  the  first  part,  their  executors 
and  administrators,  shall  and  will,  in  consideration  of  the  covenants  and 
agreements  being  strictly  performed  and  kept  by  the  said  party  of  the 
second  part,  as  specified,  well  and  truly  pay,  or  cause  to  be  paid  unto  the 
party  of  the  second  part,  his  executors,  administrators  or  assigns,  the  sum 
of  dollars,  lawful  money  of  the  United  States  of  America,  in  man 

ner  following:  [here  specify  terms  of  payment.]  When  all  the  works  are 
completely  finished,  according  to  the  plans  and  specifications,  dollars. 

Provided  that  in  each  of  said  cases  a  certificate  be  obtained  and  signed  by 
the  said  architect. 
And  it  is  hereby  further  agreed  by  and  between  the  said  parties  : 

1.  The  specifications  and  drawings  are  intended  to  co-operate,  so  that  any 
work  exhibited  in  the  drawings  and  not  mentioned  in  the  specifications,  or 
vice  versa,  are  to  be  executed  the  same  as  if  it  were  mentioned  in  the  speci- 
fication and  set  forth  in  the  drawings  to  the  true  meaning  and  intentions 
of  the  said  drawings  and  specifications,  without  any  extra  charge  whatso- 
ever. 

2.  The  contractor,  at  his  own  proper  costs  and  charges,  is  to  provide  all 
manner  of  materials  and  labor,  scatFolding  implements,  moulds,  models  and 
cartage,  of  every  description,  for  the  due  performance  of  the  several  erec- 
tions. 

3.  Should  the  owner,  at  any  time  during  the  progress  of  the  said  build- 
ing, request  any  alteration,  deviation,  additions  to  or  omissions  Irom  said  con- 
tract, the  same  shall  be  made,  and  shall  in  no  way  affect  or  make  void  the 
contract,  but  will  be  added  to  or  deducted  from  the  amount  of  the  contract, 
as  the  case  may  be,  by  a  fair  and  reasonable  valuation. 

4.  Should  the  contractor,  at  any  time  during  the  progress  of  the  said 
work,  refuse  or  neglect  to  supply  a  sufficiency  of  materials  or  workmen,  the 
owner  shall  have  the  power  to  provide  materials  and  workmen,  after  three 
days'  notice  in  writing  being  given,  to  finish  the  said  work,  and  the  expense 
will  be  deducted  fi-om  the  amount  of  the  contract. 

5.  Should  any  dispute  arise  respecting  the  true  construction  or  meaning 
of  the  drawings  or  specification,  the  same  shall  be  decided  by  the  said  M. 
N.,  or  such  other  architect  in  good  standing  as  the  party  of  the  first  part 
shall  appoint  to  oversee  said  buildings,  and  his  decision  shall  be  final  and 
conclusive;  but  should  any  dispute  arise  respecting  the  true  value  of  the 
extra  work  or  works  omitted,  the  same  shall  be  valued  by  two  competent 
persons — one  employed  by  the  owner  and  the  other  by  the  contractor — and 
those  two  shall  have  power  to  name  an  umpire,  whose  decision  shall  be 
binding  on  all  parties. 

6.  The  owner  shall  not,  in  any  manner,  be  answerable  or  accountable  for 
any  loss  or  damage  that  shall  or  may  happen  to  the  said  works,  or  any  part 
or  parts  thereof,  respectively,  or  of  any  of  the  materials  or  other  things  used 
and  employed  in  finishing  and  completing  the  same  (loss  or  damage  by  fire 
excepted). 

7.  Should  any  claim  or  claims  be  made  by  any  person  for  work  done,  or 
materials  furnished  for  the  said  building,  upon  the  employment,  or  on  the 
purchase,  or  alleged  employment  or  purchase,  by  the  party  of  the  second 


CONTRACTS.  287 


Buildinff  Party  Wall. 


part,  and  a  notice  of  such  claim  be  filed,  to  create  a  lien  upon  said  building, 
under  any  law  of  the  State,  now  in  force,  or  which  may  be  in  force,  the 
party  of  the  first  part  shall  be  at  Hberty  to  retain  in  his  hands,  out  of  any 
moneys  which  might  otherwise  be  payable  to  the  party  of  the  second  part, 
the  amount  of  such  claim  or  claims,  and  any  reasonable  costs  and  expenses 
to  -which  he  is  liable  to  be  subjected  by  reason  thereof,  until  such  claim  be 
cancelled  and  discharged  of  record  by  the  party  of  the  second  part,  who 
hereby  agrees  to  cause  such  lieu  or  liens  to  be  forthwith  settled,  cancelled 
and  discharged  without  loss,  damage  or  expense  to  the  parties  of  the  first 
part,  and  without  any  delay  in  the  progress  of  the  work  aforesaid. 
In  witness  [etc.,  as  in  Form  557]. 

58T.  Contract  to  Build  a  Party  Wall. 

Memoeandtjm  of  ageeement,  made  this        day  of  ,  in  the  year 

18     ,  between  A.  B.,  of  the  city  of  ,  merchant,  of  the  first  part, 

and  Y.  Z.,  of  said  city,  merchant,  of  the  second  part:  Whebeas  the  said 
A.  B.  is  the  owner  in  fee  of  the  lot  known  as  No.  in  street, 

in  the  ward  of  the  city  of  ,  and  the  said  Y.  Z.,  the  owner 

in  fee  of  the  lot  known  as  No.  in  said  street,  immediately  adjoining 

to  and  on  the  side  of  said  lot,  on  which  lots  respectively  the  parties 

are  about  to  erect  brick  houses.  And  whereas,  it  has  been  agreed  between 
them,  that  the  said  Y.  Z.,  in  erecting  his  house  may  make  use  of  the  wall  of 
the  said  A.  B.,  immediately  adjoining  the  said  lot  of  the  said  Y.  Z.,  as  a 
party  wall,  upon  the  terms,  conditions  and  considerations  hereinafter  men- 
tioned, the  wall  so  to  be  used  as  a  party  wall,  standing  and  being  entirely 
on  the  said  lot  of  the  said  A.  B.  Now,  theeefoee,  this  agreement  witness- 
eth,  that  the  said  party  of  the  first  part,  in  consideration  of  the  sum  of 
dollars,  to  him  in  hand  paid  by  the  party  of  the  second  part,  the  re- 
ceipt whereof  is  acknowledged,  shall  immediately  build  and  erect  a  wall 
on  the  side  of  said  lot  No.  ,  so  that  the  side  of  said 

wall  shall  adjoin  the  side  of  said  lot  of  Y.  Z. ;  said  wall  shall  be  built 

feet  deep  easterly  fi'om  the  easterly  side  of  street,  and 

high  above  the  sidewalk ;  and  the  said  party  of  the  first  part  hereby  does 
grant  and  convey  to  said  party  of  the  second  part  the  right  to  use  said 
wall  as  a  party  wall,  in  the  erection  of  a  house  on  the  said  lot  No.  ,  and 
for  that  purpose  to  insert  the  beams  of  the  house  on  the  said  lot  into  the 
walls  so  to  be  built  by  the  party  of  the  first  part,  to  the  extent  of 
inches,  and  to  insert  two  chimney-backs  into  said  wall  to  the  extent  of 
inches  each,  and,  for  the  same  purpose,  to  insert  or  tie  the  courses  of 
the  front  and  rear  walls  into  said  party  wall  as  may  be  necessary,  and  to 
keep  and  maintain  such  use  of  said  party  wall  so  long  as  said  wall  shall 
stand. 

And  the  parties  mutually  covenant,  that  if  it  shall  hereafter  become  ne- 
cessary to  repair  or  rebuild  the  whole,  or  any  portion  of  the  said  party 
wall,  the  expense  of  such  repairing  or  rebuilding  shall  be  borne  equally  by 
them,  their  respective  heirs  and  assigns  [as  to  so  much  and  such  portion  of 
Baid  wall  as  the  said  Y.  Z.,  his  heirs  and  assigns,  shall  or  may  use  for  the 


288  ABBOTTS'  FORMS. 


Contract  for  Changing:. 


purposes  aforesaid] ;  and  that  whenever  the  said  party  wall,  or  any  portion 
thereof,  shall  be  rebuilt,  it  shall  be  erected  on  the  same  spot  where  it  is  to 
stand,  and  be  of  the  same  size,  and  the  same  or  similar  materials,  and  of 
like  quality. 

It  is  further  mutually  agreed  between  the  said  parties,  that  this  agree- 
ment shall  [be  perpetual,  and]  at  all  times  be  construed  as  a  covenant  run- 
ning with  the  land;  but  that  no  part  of  the  fee  of  the  soil  upon  which  the 
wall  of  the  said  A.  B.,  above  described,  is  to  stand,  shall  pass  to  or  be 
vested  in  the  said  Y.  Z  ,  his  heirs  or  assigns,  by  virtue  of  these  presents. 

In  witness  [etc,,  as  in  Form  557]. 

688.  Agreement  for  Changing  Mortgage  Security. 

This  ageeement,  made  this  day  of  j  18    ,  between  A.  B., 

of  ,  and  Y.  Z.,  of  ,  witnesseth  :  That  whereas  the  said  A. 

B.  bath  this  day  sold  and  conveyed  unto  the  said  Y.  Z.  certain  lands,  situate 
in  the  village  of  ;  and,  in  order  to  secure  the  payment  of  the  sum 

of  dollars,  part  of  the  consideration  therefor,  the  said  Y.  Z.  has  ex- 

ecuted and  delivered  to  the  said  A,  B.  a  mortgage  upon  said  premises,  to- 
gether with  his  bond  for  the  payment  of  the  said  sum  :  and  whereas  it  is 
the  intention  of  the  said  Y.  Z.  to  divide  the  said  premises  into  village  lots, 
and  to  sell  and  convey  the  same  to  third  persons :  Now,  therefore,  the 
said  A.  B.,  in  consideration  of  the  premises,  does  for  himself,  his  heirs,  ex- 
ecutors, administrators  and  assigns,  covenant  and  agree  to  and  with  the  said 
Y.  Z.,  his  heirs,  executors,  administrators  and  assigns,  that  he  and  they 
shall  at  all  times  hereafter  have  the  right  of  changing  the  security  above 
mentioned,  by  substituting,  instead  of  the  same,  or  of  any  part  thereof 
[here  specify  the  substituted  security  allowed] ;  and  that  he,  the  said  A.  B., 
his  heirs,  executors,  administrators  or  assigns,  will,  upon  request  to  him  or 
them  made,  forthwith  execute  and  deliver  to  the  said  Y.  Z.,  his  heirs,  ex- 
ecutors, administrators  or  assigns,  a  good  and  sufficient  discharge  of  the 
said  mortgage  [or,  good  and  sufficient  releases  of  the  lien  upon  any  portion 
of  the  premises  therein  described],  whenever  the  said  Y.  Z.,  his  heirs,  ex- 
ecutors, administrators  or  assigns,  shall  furnish  the  said  A.  B.,  or  his  repre- 
sentatives, as  aforesaid,  with  such  other  security  as  above  mentioned. 

In  witness  [etc.,  as  in  Form  567]. 


CORONEES.  289 


Oaths  of  Jurors.  Subpoena. 


CHAPTER  XXIV. 

OOEONERS. 

The  duties  of  coroners  are  prescribed  in  detail  in  the  statutes.  The  follow- 
ing forms  relate  to  proceedings  in  cases  of  inquests  held  by  them. 

FAOl 

589.  Oath  of  the  foreman  of  a  coroner's  jury 289 

590.  Oath  of  other  jurors 289 

591.  Subpoena  for  witnesses 289 

592.  Attachment  against  a  witness  not  appearing 290 

593.  Oath  of  witness  on  coroner's  inquest 290 

594.  Examination  before  coroner  and  jury ' 290 

595.  Inquisition 290 

596.  Warrant  of  coroner  for  arrest  of  person  charged  by  the  inquest 291 

589,  Oath  of  the  Foreman  of  a  Coroner^s  Jury. 

You  do  swear  that  you  will  well  and  truly  inquire  how,  and  in  what 
manner,  and  when  and  where,  the  person  lying  here  [or,  whose  body  you 
have  just  seen],  came  to  his  death  [or,  was  wounded],  and  who  such  per- 
son was,  and  into  all  the  circumstances  attending  such  death  [or,  wound- 
ing], and  by  whom  the  same  was  produced ;  and  that  you  will  make  a  true 
inquisition  thereof,  according  to  the  evidence  oflPered  to  you,  or  arising 
from  the  inspection  of  the  body.    So  help  you  God. 

590.  Oath  of  Other  Jurors. 
The  same  oath  which  A.  B.,  the  foreman  of  this  inquest,  hath  on  his  part 
taken,  you,  and  each  of  you,  do  now  take,  and  shall  weU  and  truly  observe 
and  keep,  on  your  parts.    So  help  you  God. 

591.  Subpoena  For  Witnesses. 

The  People  of  the  State  of  New  York  to  [here  designate  the  witnesses']. 

"We  oommasd  you  and  each  of  you,  that  all  business  and  excuses  being 
laid  aside,  you  be  and  appear  before  the  subscriber,  one  of  the  coroners  of 
the  county  of  ,  at  the  house  of  ,  in  the  town  of 

forthwith  [or,  at        o'clock  in  the        noon  of  the        day  of  ,  18    ], 

to  testify  and  give  evidence  upon  an  inquest  then  and  there  to  be  had  upon' 
the  body  of  M.  N.,  deceased  [or,  a  person  whose  name  is  unknown]  [or, 
upon  the  examination  of  J.  K.,  charged  upon  inquest  with  the  murder  of 
M.  N.] ;  and  hereof  fail  not  at  your  peril. 

"Witness  my  hand,  this        day  of  ,  18     . 

[Signature  of}  Coroner. 
19 


290  ABBOTTS'  FOEMS. 


Attachment  against  Witness.  Examination.  Inquest. 

"692.  Attachment  Against  a  Witness  Not  Appearing. 

The  People  of  the  State  of  New  York  to  the  Sheriff  or  to  any  Constable  of 
the  county  of  : 

We  command  you  that  you  attach  {name  witness],  and  forthwith  bring 
him  before  the  subscriber,  one  of  the  coroners  of  said  county,  at  the  house 
of  ,  in  the  town  of  ,  in  said  county,  to  testify  and  give 

evidence  upon  a  certain  inquest  {setting  it  forth  as  in  the  above  siibpoena], 
and  also  to  answer  all  such  matters  as  shall  be  inquired  of  him,  for  that  he 
having  been  duly  subpoenaed  to  attend  upon  such  inquest,  has  refused  and 
neglected  to  attend  in  conformity  to  such  subpoena;  and  have  you  then 
and  there  this  writ. 

Witness  my  hand,  this        day  of  ,  18    . 

[Signature  of]  Coroner. 

593.  Oath  of  Witness  on  Coroner^s  Inquest. 

The  evidence  you  shall  give  upon  this  inquest,  touching  the  death  of  M. 
N.  [or,  the  person  whose  body  has  been  viewed],  shall  be  the  truth,  the 
whole  truth  and  nothing  but  the  truth.    So  help  you  God. 


594.  JExamination  Before  Coroner  and  Jury. 

SliTE  OF  , )      ^ 

County  of  .  >     ' 

Examination  of  witnesses  produced,  sworn  and  examined,  on  the 
day  of  ,  at  ,  in  said  county,  before  me,  0.  R.,  one  of  the 

coroners  in  and  for  the  said  county,  and  A.  B.,  0.  D.  [etc.,  naming  the 
jurors],  good  and  lawful  men  of  the  s£ud  county,  duly  sworn  upon  their 
oaths  to  inquire  into  all  the  circumstances  attending  the  death  of  one  M.  N. 
[or,  a  person  unknown],  then  and  there  lying  dead,  and  by  what  means  the 
same  was  produced,  and  in  what  manner,  and  when  and  where  he  came  to 
his  death.    [And  then  proceed  with  the  testimony  of  the  witnesses]. 

I  DO  HEREBY  CERTIFY  that  the  forcgoing  is  a  correct  statement  and  accounfc 
of  an  examination  taken  by  and  before  me,  and  the  jurors  aforesaid,  at  the 
time  and  place  aforesaid,  and  of  the  testimony  of  the  several  witnesses  pro- 
duced, sworn  and  examined  thereupon. 

GivKN  under  my  hand,  this        day  of  ,  18    . 

[Signature  of]  Coroner. 


595.  Inquisition. 
State  of  , ) 

County  of  . )     * 

An  inquisition  taken  for  the  people  of  the  State  of  ,  at  the  house 

of  ,  in  the  town  of  ,  in  said  county  of  ,  on  the        day  vf 

,  18    ,  before  me,  C.  R.,  one  of  the  coroners  in  and  for  said  county, 

upon  the  view  of  ♦he  body  of  M.  N.  [or,  a  person  unknown],  then  and  there 


CORPORATIONS.  291 


Arrest  by  Coroner.  Formation  of  Corporations. 

lying  dead,  upon  the  oaths  of  A.  B.,  0.  D.  [etc.,  naming  the  jurora],  good 
and  lawful  men  of  the  said  county,  who,  being  duly  sworn  to  inquire,  on 
the  part  of  the  People  of  said  State,  into  all  the  circumstances  attending 
the  death  of  the  said  M,  N.  [or,  person  unknown],  and  by  whom  the  same 
was  produced ;  and  in  what  manner ;  and  when  and  where  the  said  M.  N. 
[or,  person  unknown]  came  to  his  death,  do  say,  upon  their  oaths,  as  afore- 
said, that  [here  state  the  facts  as  found  hy  the  jury]. 

In  WITNESS  WHEREOF,  as  Well  the  said  coroner,  as  the  jurors,  aforesaid, 
have  to  this  inquisition  set  their  hands  and  seals,  on  the  day  of  the  date  of 
this  inquisition,  as  aforesaid.  [Signatures  and  seals 

of  coroner  and  of  jurors.] 


596.   Warrant  of  Coroner  for  Arrest  of  Person  Charged  By  the  Inquest. 

The  People  of  the  State  of  ,  to  the  sheriff  [or,  any  constable],  of  the 

county  of  ,  greeting : 

"Whereas,  by  the  inquisition  of  [here  name  jurors],  good  and  lawful  men 
of  said  county,  taken  upon  their  several  oaths  before  me,  one  of  the  coroners 
in  and  for  said  county,  at  ,  in  the  town  of  ,  in  said  county, 

Y.  Z.,  is  charged  with  having  feloniously  murdered  and  killed  M,  N.,  on 
the         day  of  ,  18    ,  at  .     You  are,  therefore,  hereby 

commanded,  in  the  name  of  the  People  of  the  State  of  ,  forthwith  to 

arrest  the  said  Y.  Z.,  and  bring  him  before  me  forthwith  at  ,  to  be 

dealt  with  according  to  law. 

Given  under  my  hand,  this        day  of  ,  18    . 

[Signature  of]  Coroner. 


CHAPTER  XXV. 

CORPORATIONS. 


In  the  United  States,  corporations  are  formed  either  by  virtue  of  special 
charters  granted  for  each  case  by  the  legislature  of  the  State,  or  by  Congress, 
or  under  the  sanction  of  general  laws  sucli  as  have  been  adopted  in  many  of 
the  States,  which  permit  voluntary  organizations  to  assume  a  corporate  exist- 
ence for  particular  purposes. 

The  mode  of  forming  corporations  in  the  latter  way,  is  shown  in  the  chapter 
on  Manufacturing  Corporations,  etc.  Proceedings  peculiar  to  Religious 
Corporations,  wiU  be  found  under  that  title. 

I.  Stock  and  dividends.  page 

597.  Preliminary  engagement  to  take  stock  in  a  corporation  to  be  formed.  292 

598.  Certificate  of  stock 292 

599.  Transfer  of  stock. 292 

600.  Power  to  transfer 293 

601.  Power  to  collect  dividend «...  ..  298 


292  ABBOTTS'  FOEMS. 


Stock  in  Corporation. 

II.  Elections.  page 

602.  Oath  of  inspector 293 

608.  Oath  of  stockholder  of  a  moneyed  corporation  when  challenged . . .  293 

604.  Proxy 294 

605.  Affidavit  to  be  annexed  to  proxy  to  enable  voting  at  an  election  in 

a  moneyed  corporation 294 


I.  Stock  and  DrrroEUDS. 
697.  Preliminary  Engagement  to  Take  Stock  in  a  Corporation  to  Be  Formed. 

The  TJNDEE8I6NED  hereby  engage  with  Y.  Z.  &  Co.,  proprietors  of  the 
Mills,  and  with  each  other,  that  they  wiU  take  the  number  of  shares 
in  the  Mills  Company  proposed  to  be  formed,  set  opposite  their 

respective  names,  and  pay  for  them  as  stipulated. 

It  is  understood  that  the  capital  of  the  said  company  is  to  be  dollar!^, 

in  shares,  of  dollars  each. 

It  is  also  understood  and  agreed  that  the  representations  to  us  that  the 
profits  of  the  business — viz.,  about  dollars  per  annum  shall  be  sus- 

tained by  an  examination  of  the  books  of  the  present  proprietors,  or  our 
obligations  to  take  stock  are  nuU  and  void. 

[Date.]  [Signatures  amd  number  of  shares.] 


698.  Certificate  of  Stock. 
[Name  of  Corporation.] 

No.  [number  of  certificate.]  [Number  of]  shares. 

This  is  to  oerttft,  that  A.  B.  is  entitle^  to  shares  of  the 

capital  stock  of  the  Company,  of  dollars  each,  transferable 

only  on  the  books  of  the  said  company,  by  the  said  A.  B.  or  his  attor- 
ney, upon  the  surrender  of  this  certificate. 

Pated  at  ,  the        day  of  ,  18    . 

[Signature  of]  President.        [Signature  qf]  Secretary  [or,  Treasurer]. 


599.  Transfer  of  Stock. 

Know  aix  mbn  by  these  presents,  that  I,  A.  B.,  of  ,  for  value 

received,  have  bargained,  sold,  assigned  and  transferred,  and  by  these 
presents  do  bargain,  sell,  assign  and  transfer,  unto  Y.  Z.,  of  , 

shares  of  capital  stock,  standing  in  my  name,  on  the  books  of  the 
Company  [or,  Bank,  as  the  case  may  be] :  and  I  do  hereby  constitute 

and  appoint  the  said  Y.  Z.,  my  true  and  lawful  attorney,  irrevocable,  in  my 
name  or  otherwise,  but  to  his  own  use  and  benefit,  and  at  his  own  coste 
and  charges,  to  take  all  lawful  ways  and  means  for  the  recovery  and  enjoy- 
ment thereof. 

Witness  my  hand  and  seal,  the        day  of  ,  a.  d.  18    . 

Signed,  sealed  and  delivered )  [Signature  and  seal. 

in  the  presence  of  ) 

[Signature  of  witness.] 


CORPORATIONS.  293 


Transfers  of  Stock,  Elections. 

600.  Power  to  Transfer. 

Know  all  mbn  by  these  presents,  tliat  I,  A.  B.,  of  ,  do  hereby  con- 

stitute and  appoint  Y.  Z.,  of  ,  my  true  and  lawful  attorney,  for  me, 

and  in  my  name  and  behalf,  to  sell,  assign  and  transfer  to  ,  of  , 

the  whole,  or  any  part  o^  shares  of  capital  stock,  standing  in  my 

name,  on  the  books  of  the  Company  [or,  Bank],  and  for  that  purpose 

to  make  and  execute  all  necessary  acts  of  assignment  and  transfer. 

W  TNKSS  \etc.,  as  in  the  preceding  form], 

601.  Power  to  Collect  Dividend. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  do  authorize, 

constitute  and  appoint  Y.  Z.,  of  ,  to  receive  from  the  Company 

[or,  Bank],  of  ,  the  dividend  now  due  me  on  all  stock  standing  in  my 

name  on  the  books  of  the  said  ,  and  receipt  for  the  same ;  hereby 

ratifying  and  confirming  all  that  may  lawfully  be  done  in  the  premises  by 
virtue  hereof. 

Witness  [etc.,  as  in  Form  599]. 

n.  Elections. 
602.  Oath  of  Inspeetor.{a) 

I  DO  SOLEMNLY  8WEAE  [or,  affirm]  that  I  will  execute  the  duties  of  an 
inspector  of  the  election  now  to  be  held,  with  strict  impartiality,  and  ac- 
cording to  the  best  of  my  ability. 

Taken  and  subscribed  before  me, )  [Signature  of  deponent.] 

this        day  of  ,  18    ,      J 

[Signature  of  magistrate.] 


603.  Oath  of  StocMolder  of  a  Moneyed  Corporation,  to  be  Administered 
By  An  Inspector  in  Case  of  Challenge.(b) 

You  do  swear  [or,  affirm],  that  the  shares  on  which  you  now  offisr  to  vote 
do  not  belong,  and  are  not  hypothecated  to  the  [naming  the  corporation  for 
which  the  election  is  held] ;  and  that  they  are  not  hypothecated  or  pledged 
to  any  other  corporation  or  person  whatever ;  that  such  shares  have  not 
been  transferred  to  you  for  the  purpose  of  enabling  you  to  vote  thereon  at 
this  election,  and  that  you  have  not  contracted  to  sell  or  transfer  them, 
upon  any  condition,  agreement  or  understanding,  in  relation  to  your  manner 
of  voting  at  this  election. 

(a)   This   form    is    prescribed    by    the  (b)  This  is  the  form  prescribed  by  the 

statute  in  New  York.     1  Bev.  Stat.,  596  New  York  statute.     1   Bev.  Stat.,   597 

§  35,  604  §  7.     It  may  be  taken  before  any  §  39. 
officer  luthorized  to  administer  oaths. 


f 


294  ABBOTTS'  FORMS. 


Covenants. 


604.  Proxy. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  do  hereby  ap- 

point Y.  Z.,  of  ,  my  attorney  for  me,  and  in  my  stead,  to  vote  as  my 

proxy,  at  any  election  of  the  \desig-nating  officer  or  offices  to  be  'coted  for\ 
of  the  Company,  according  to  the  number  of  votes  I  should  be  entitled 

to  cast,  if  then  personally  present. 

Witness  {etc.,  as  in  Form  599j. 

605.  Affidavit  to  Be  Annexed  to  Proxy,  to  Enable  Voting  at  An  Election 
in  a  Moneyed  Corporation. (c) 

I,  A.  B.,  do  solemnly  and  sincerely  swear  [or,  affirm],  that  the  shares  on 
which  I  hereby  offer  to  vote  by  Y.  Z.,  my  attorney  and  agent  in  the  above 
proxy,  do  not  belong,  and  are  not  hypothecated  to  the  [naming  the  corpora- 
tion/or which  the  election  is  to  be  held] ;  and  that  they  are  not  hypothecated 
or  pledged  to  any  other  corporation  or  person  whatever;  that  such  shares 
have  not  been  transferred  to  me  for  the  purpose  of  enabling  me  to  vote 
thereon  at  the  ensuing  election,  and  that  I  have  not  contracted  to  sell  or 
transfer  them,  upon  any  condition,  agreement  or  understanding,  in  relation 
to  my  manner  of  voting  at  the  said  election. 

Sworn  before  me,  this        )  [Signature  of  stockholder.] 


day  of  ,  18 

[Signature  of  magistrate.] 


CHAPTEE  XXVI. 
COVENANTS. 


The  tcord  covenant,  in  its  most  general  signification,  means  any  kind  of 
promise  or  contract,  whether  it  be  made  in  writing  or  by  parol.  La  a  more 
technical  sense,  a  covenant  is  an  agreement  between  two  or  more  persons,  en- 
tered into  in  writing  and  under  seal,  whereby  either  party  stipulates  for  the 
truth  of  certain  facts,  or  promises  to  give  or  do  something  to  or  for  the  other, 
or  to  abstain  from  the  performance  of  something.  No  particular  form  of 
words  is  necessary  to  make  a  covenant ;  but  any  words  which  manifest  the 
intention  of  the  parties,  in  respect  to  the  subject-matter  of  the  contract,  are 
BuflBcient. 

An  express  covenant,  or  a  covenant  in  fact,  is  one  expressly  agreed  between 
the  parties  and  inserted  in  the  deed.  To  create  an  express  covenant,  the  for- 
mal word  "covenant"  is  not  indispensably  requisite.  The  words,  "I  oblige," 
or,  "  bind  myself,"  or,  "  I  agree,"  are  held  to  be  covenants ;  and  bo  are  the 
usual  words  of  a  bond.    An  implied  covenant  is  one  which  the  law  intends  and 

(c)  1  Jiev.  Stat.  ofN.  7.,  597  §  40. 


COVENANTS.  295 


General  Principles. 

implies,  though  it  be  not  expressed  in  words.  In  some  of  the  States,  covenants 
for  title  are  implied  in  deeds ;  in  others,  no  implied  covenants  are  allowed. 
See  the  chapter  of  Deeds.  There  are  some  words  which,  of  themselves,  do 
not  import  an  express  covenant,  yet,  being  made  use  of  in  certain  contracts, 
have  a  similar  operation,  and  are  called  covenants  in  law.  They  are  as  effect- 
ually binding  on  the  parties  as  if  expressed  in  the  most  unequivocal  terms. 
If  a  lessor  demise  and  grant  to  his  lessee  a  house  or  lands  for  a  certain  term, 
the  law  will  imply  as  covenant  on  the  part  of  the  lessor,  that  the  lessee  shall, 
during  the  term,  quietly  enjoy  the  same  against  all  encumbrances.  And  the 
words  "yielding  and  paying"  in  a  lease,  imply  a  covenant  on  the  part  of  the 
lessee  that  he  will  pay  the  rent. 

It  is  usual  in  covenants  to  name  the  representatives  of  the  parties  upon, 
whom,  or  in  whose  favor,  it  may  operate.  Thus,  in  a  covenant  to  pay  money, 
the  covenantor  usually  declares  that  he  binds  himself,  his  heirs,  executors  and 
administrators.  So  in  a  covenant  regarding  lands,  the  covenantor  binds  him- 
self, his  heirs  and  assigns.  But  these  words  are  not  now  usually  essential  in 
conveyances  in  most  of  the  States  ;  for  the  statutes  usually  regulate  the  liabil- 
ity of  heirs  and  personal  representatives  for  the  debts  of  their  ancestors ;  and 
in  such  case,  the  frame  of  the  covenant  cannot  enlarge  their  liability,  nor  wUl 
the  omission  to  mention  them  exonerate  them. 

FAOE 

606.  A  covenant  by  one  person  to  one  person 295 

607.  A  joint  covenant  by  two  or  more  persons  to  one  person 296 

608.  A  joint  and  several  covenant 296 

609.  A  several  covenant 296 

610.  The  pame ;  another  form 296 

611.  Covenant  by  a  husband  for  himself  and  wife 296 

612.  Covenants  by  several  grantors,  each  for  his  own  portion  of  the  estate,  only.  296 

613.  Mutual  covenants ; — independent 296 

614.  Mutual  covenants ; — a  covenant  to  convey  being  dependent  upon  a  cov- 

enant to  pay  purchase-money 297 

615.  Covenant  for  seizin 297 

616.  The  same  ;  a  short  form 297 

617.  The  same ;  several  and  not  joint 297 

618.  The  same ;  by  life  tenant  and  tenant  in  fee  of  the  reversion 297 

619.  Covenant  for  seizin  by  executors 298 

620.  Covenant  for  power  to  convey 298 

621.  Short  form  of  covenant  for  seizin  and  power  to  convey 298 

622.  Covenant  for  quiet  possession 298 

623.  The  same  ;  a  short  form 299 

624.  Covenant  against  encumbrances 299 

625.  The  same  ;  a  sliort  form 299 

626.  Covenant  for  further  assurance 299 

627.  The  same  ;  a  short  form 300 

628.  Covenant  against  grantor's  acts 300 

629.  The  same  ;  a  short  form 300 

630.  Several  covenants  by  grantors  against  their  own  acts  respectively 800 

631.  Short  form  of  covenants  of  seizin  and  warranty 300 

632.  Covenant  against  nuisances 300 

633.  Covenant  not  to  build  so  as  to  obstruct  light  and  air 811 

634.  Covenant  to  maintain  fences 311 

635.  Stipulation  against  implied  covenants 811 

636.  Covenant  to  stand  seized  to  uses 811 

606.  A  Covenant  l>y  One  Person  to  One  Person. 

And  the  said  A.  B.,  for  himself,  his  heirs,  executors  and  administrators, 
4oth  covenant  with  the  said  Y.  Z.,  his  heirs,  executors  and  administrators 


296  ABBOTTS'  FORMS. 


Covenants. 


[or,  his  heirs  and  assigns,  or,  his  executors,  administrators  and  assigns,  as 
the  case  requires],  that  [etc.,  setting  forth  the  things  stipulated]. 

60Y.  A  Joint  Covenant  hy  Two  or  More  Persons  to  One  Person. 

And  the  said  A.  B.,  0.  D.  and  E.  F.,  for  themselves,  their  heirs,  execu- 
tors and  administrators,  and  for  every  of  them,  do  covenant  with  [etc.,  as 
above], 

608.  A  Joint  and  Several  Covenant. 

And  the  said  A.  B.,  0.  D.  and  E.  F.,  for  themselves,  their  heirs,  execu- 
tors and  administrators,  do  jointly  and  severally  covenant  with  [etc.,  as 
above.  Form  606]. 

609.  Several  Covenant. 

And  the  said  A.  B.,  C.  D.  and  E.  F.,  for  themselves  severally  and  re- 
spectively, and  for  their  several  and  respective  heirs,  executors  and  ad- 
ministrators, and  not  jointly,  or  the  one  for  the  other,  or  others  of  them, 
do  covenant  with  [etc.,  qs  in  Form  606]. 

610.  The  Same  ;  Another  Form. 

And  the  said  A.  B.,  for  himself,  his  heirs,  executors  and  administrators, 
and  the  said  0.  D.,  for  himself,  his,  etc.,  and  the  said  E.  F.,  for  himself,  his, 
etc.,  do,  and  each  of  them  doth,  severally  and  respectively,  and  not  jointly, 
covenant  with  [etc.,  as  in  Form  606]. 

611.  Covenant  by  a  Husband  for  Himself  and  Wife. 

And  the  said  A.  B.,  for  himself,  his  heirs,  executors  and  administrators, 
and  for  and  on  hehalf  of  the  said  C,  his  wife  and  her  heirs,  doth  covenant 
with  [etc.,  as  in  Form  606]. 

612.  Covenants  by  Several  Grantors,  Each  for  his  Own  Portion  of  the 
Estate,  Only. 

And  the  smd  A.  B.,  for  himself,  his  heirs,  executors  and  administrators, 
and  for  the  estate,  right,  title,  quiet  enjoyment  and  further  assurance,  of 
the  one-third  part  of  the  above  granted  premises;  and  the  said  C.  D.,  for 
himself,  his  heirs,  executors  and  administrators,  and  for  the  estate,  right, 
title,  quiet  enjoyment  and  further  assurance,  of  one  other  third  part  of  the 
said  premises ;  and  the  said  D.  E.,  for  himself,  his  heirs,  executors  and  ad- 
ministrators, and  for  the  estate,  right,  title,  quiet  enjoyment,  and  further 
assurance  of  the  remaining  third  part  of  the  said  premises,  do,  and  each 
and  every  of  them  doth,  severally,  but  not  jointly,  covenant  with  [etc.,  as 
in  Form  606]. 

618.  Mutual  Covenants; — Independent. 
And  the  said  A.  B.,  for  himself,  his  heirs,  jexeicators  and  administrators. 


COVENANTS.  297 


To  Convey.  For  Seizin. 

doth  hereby  covenant  with  the  said  Y.  Z.,  his  executors,  administrators  and 
assigns,  that  he  will  pay  unto  the  said  Y.  Z.,  his  executors,  administrators 
or  assigns,  the  sum  of        dollars,  on  the        day  of  ,  18    .     And  the 

said  Y.  Z.,  for  himself,  his  executors,  administrators  and  assigns,  doth  cov- 
enant with  the  said  A.  B.,  his  executors,  administrators  and  assigns,  that 
he  will  assign  and  transfer  said  lease  to  the  said  A.  B.,  his  executors,  ad- 
ministrators and  assigns,  on  or  before  tbe        day  of 

614.  Mutual  Covenants; — A  Covenant  to  Convey^  Being  Dependent  Upon 
Covenant  to  Fay  Purchase-money, 

And  the  said  A.  B.,  for  himself,  his  heirs,  executors  and  administrators, 
doth  hereby  covenant  with  the  said  Y.  Z.,  his  heirs  and  assigns,  that  he 
will  pay  to  the  said  Y.  Z.,  his  heirs  or  assigns,  the  sum  of  dollars,  on 

the        day  of  next;  and  in  consideration  thereof,  the  said  Y.  Z.,  for 

himself,  his  heirs,  executors  and  administrators,  doth  covenant  and  tigree 
to  and  with  the  said  A.  B.,  his  heirs  and  assigns,  that  he  will  make  and 
execute  to  the  said  A.  B.,  his  heirs  or  assigns,  a  good  and  sufficient  deed  of 
[etc.,  as  the  ease  may  le]  upon  the  payment  of  said  sum^  as  aforesaid. 

615.  Covenant  for  Seizin. 

And  the  said  A.  B.,  for  himself  and  his  heirs,  executors  and  administra- 
tors, does  covenant,  grant  and  agree,  to  and  with  the  said  party  of  the  sec- 
ond part,  his  heirs  and  assigns,  that  the  said  party  of  the  first  part  *  [or,  the 
said  A.  B.],  at  the  time  of  the  sealing  and  deUvery  of  these  presents,  is  law- 
fully seized  in  his  own  right  [or  otherwise,  as  the  case  may  he\  of  a  good, 
absolute  and  indefeasible  estate  of  inheritance,  in  fee-simple,  of  and  in  all 
and  singular  the  above-granted  premises,  with  the  appurtenances  [if  con- 
veyed subject  to  an  encumbrance,  say,  subject  as  aforesaid]. 

616.  The  Same;  A  Short  Form. 

[Aa  in  the  preceding  form  to  the  *,  continuing  thus ;]  at  the  execution 
hereof  is  seized  of  an  indefeasible  estate  in  fee-simple  in  the  said  real  estate. 

617.  The  Sams;  Several  and  Not  Joint. 

And  the  said  A.  B.,  0.  D.  and  E.  F,  do  hereby,  severally  and  not  jointly, 
but  each  for  himself,  and  for  his  heirs,  executors  and  administrators,  cov- 
enant, grant  and  agree,  to  and  with  the  said  party  of  the  second  part,  that 
he  is,  at  the  time  of  the  sealing  and  delivery  of  these  presents,  lawfully 
seized  in  his  own  right  [or  otherwise,  as  the  ease  may  be]  of  a  good,  absolute 
and  indefeasible  estate  of  inheritance,  in  fee-simple,  of  and  in  all  and  singu- 
lar the  above-granted  premises,  with  the  appurtenances  [if  conveyed  subject 
to  an  encumbrance,  say,  subject  as  aforesaid]. 

618.   The  Same  ;  By  Life  Tenant  and  Tenant  in  Fee  of  the  Eetersion. 

And  the  said  A.  B.  and  C.  D.  do  hereby,  severally  and  not  jointly,  but 
each  foi  himself  and  for  his  heirs,  executors  and  administrators,  covenant, 


298  ABBOTTS'  FORMS. 


Covenants  for  Tith;. 


grant  and  agree,  to  and  with  the  said  party  of  the  second  part,  his  heirs 
and  assigns,  that  he  is,  at  the  time  of  the  seahng  and  delivery  of  these  pres- 
ents, lawfully  seized  of  all  and  singular  the  above-granted  premises,  with 
the  appurtenances,  in  manner  following — that  is  to  say,  that  the  said  A.  B'. 
is  seized  thereof  for  his  life,  as  tenant  by  the  curtesy ;  and  that  the  said  0, 
D.  is  seized  of  a  good,  absolute  and  indefeasible  estate  of  inheritance,  in  fee- 
simple,  of  and  in  the  reversion  or  remainder  thereof,  expectant  upon  the 
determination  of  the  said  estate  by  the  curtesy. 


619.  Covenant  for  Seizin^  By  Executors. 

And  the  said  party  of  the  first  part,  for  himself,  his  heirs,  executors  and 
administrators,  does  [or,  if  several,  say,  parties  of  the  first  part  do  jointly 
and  severally,  for  themselves,  their  heirs,  executors  and  administrators] 
covenant,  promise  and  agree,  to  and  with  the  party  of  the  second  ])art,  that 
the  said  M.  N.  died  lawfully  seized  in  his  own  right  of  a  good,  absolute  and 
indefeasible  estate  of  inheritance,  in  fee-simple,  of  and  in  all  and  singular 
the  above-granted  premises,  with  the  appurtenances  [subject  as  aforesaid], 

620.   Covenant  for  Power  to  Convey. 

And  the  said  A.  B.,  for  himself  and  his  heirs,  executors  and  administra- 
tors, does  covenant,  grant  and  agree,  to  and  with  the  said  party  of  the  sec 
ond  part,  his  heirs  and  assigns,  that  the  said  party  of  the  first  part  [or,  the 
said  A.  B.],  at  the  time  of  the  sealing  and  delivery  of  these  presents,  has 
good  right,  full  power,  and  lawful  authority  to  grant,  bargain,  sell  and  con- 
vey the  same,  in  manner  aforesaid. 

621.  Short  Form  of  Covenant  for  Seizin  and  Power  to  Convey. 

And  the  said  A.  B.,  for  himself,  his  heirs,  executors  and  administrators, 
hereby  covenants  with  the  said  Y.  Z.,  his  heirs  and  assigns,  that  he  is  law- 
fully seized  in  fee  of  the  premises,  and  that  he  has  good  right  to  sell  and 
convey  the  same,  (a) 

622.  Covenant  for  Quiet  Possession. 

And  the  said  A.  B.,  for  himself  and  his  heirs,  executors  and  administra- 
tors, does  covenant,  promise  and  agree,  to  and  with  the  said  party  of  the 
second  part,  his  heirs  and  assigns,  that  the  said  party  of  the  second  part, 
his  heirs  and  assigns,  shall  and  may,  at  all  times  hereafter,  peaceably  and 
quietly  have,  hold,  use,  occupy,  possess  and  enjoy  the  above-granted  prem- 
ises, and  every  part  and  parcel  thereof,  with  the  appurtenances,  without 

(a)  This,  which  is  a  usual  form  of  these  relates  to  actual  seizin,  irrespective  of  a 

covenants  in  conveyances  in   Ma.ssachu-  good  indefeasible  title.    Raymond  v.  Ray- 

eetts,  does  not  amount  to  any  absolute  mond,  10  Gush.,  134.     To  have  full  eflfect 

warranty  of  title,  according  to  the  rule  in  those  States,  the  word  "  indefeasibly" 

adopted  in  that  State  and  in  Maine,    it  should  be  inserted  before  "  seized." 


COVENANTS.  299 


Against  Encumbrances.  For  Further  Assurance. 

any  let,  suit,  trouble,  molestation,  eviction  or  disturbance  of  the  said  party 
[o)\  parties]  of  the  first  part,  his  [or,  their]  heirs  or  assigns,  or  of  any  other 
person  or  persons  lawfully  claiming  or  to  claim  the  same. 


623.  The  Same  ;  a  Short  Form. 

And  that  the  said  Y.  Z.,  his  heirs  and  assigns,  may  forever  hereafter  have, 
hold,  possess  and  enjoy  the  same,  without  any  suit,  molestation  or  inter- 
ruption, by  any  person  whatever,  lawfully  claiming  any  right  therein. 

I 

624.  Covenant  Against  Bneumirances.(b) 

[Add,  at  the  end  of  the  covenant  for  quiet  possession,  these  words ;]  and 
that  free,  clear,  and  freely  and  clearly  acquitted,  exonerated  and  discharged 
of  and  from  all,  and  all  manner  of  former  and  other  bargains,  sales,  gifts, 
grants,  feoflfments,  devises,  dowers,  rights  and  titles  of  dower,  uses,  issues, 
fines,  annuities,  debts,  duties,  judgments,  executions,  recognizances  and  all 
other  estates,  rights,  titles,  troubles,  charges  and  encumbrances  whatsoever, 
had,  made,  committed,  done  or  suffered,  or  to  be  had,  made,  committed, 
done,  or  suffered,  in  any  wise  whatsoever,  by  him  the  said  A.  B.,  or  by  any 
other  person  or  persons  whatsoever,  having  or  lawfully  claiming  any  estate, 
right,  title  or  interest,  of,  in  or  to  the  same,  or  any  part  or  parcel  thereof 
[if  conveyed  subject  to  encumbrance,  say :  except  as  aforesaid]. 

626.  The  Same;  a  Short  Form. 

And  that  the  said  premises  are,  at  the  time  of  the  execution  hereof,  free 
from  all  encumbrances. 

626.  Covenant  for  Further  Assurance. 

And  the  said  A.  B.,  for  himself  and  his  heirs,  executors  and  administra- 
tors, does  covenant,  promise  and  agree,  to  and  with  the  said  party  of  the 
second  part,  his  heirs  and  assigns,  that  the  said  party  [or,  parties]  of  the 
first  part  [or,  the  said  A.  B.]  and  his  [or,  their]  heirs,  and  all  and  every  per- 
son or  persons  whomsoever,  lawfully  or  equitably  deriving  any  estate,  right, 
title  or  interest,  of,  in  or  to  the  above-granted  premises,  by,  from,  under, 
or  in  trust  for  him  or  them,  shall  and  will,  at  all  time  or  times,  hereafter, 
upon  the  reasonable  request,  and  at  the  proper  costs  and  charges  in  the 
law  of  the  said  party  of  the  second  part,  his  heirs  and  assigns,  make,  do 
and  execute,  or  cause  to  be  made,  done  and  executed,  all  and  every  such 
further  and  other  lawful  and  reasonable  acts,  conveyances  and  assurances 
in  the  law,  for  the  better  and  more  effectually  vesting  and  confirming  the 
premises  hereby  granted,  or  so  intended  to  be,  in  and  to  the  said  party  of 
the  second  part,  his  heirs  and  assigns,  forever,  as  by  the  said  party  of  the 
second  part,  his  heirs  or  assigns,  or  his  or  their  counsel,  learned  in  the  law, 
shall  be  reasonably  advised  or  required. 

(J)  For  another  form,  see  the  clause  between  *  *,  in  Form  680. 


300  ABBOTTS'  FORMS. 


Covenants  for  Title. 


627.  The  Same  ;  a  Short  Form. 

And  that  T,  the  said  A.  B.,  and  all  persons  hereafter  claiming  under  me, 
will  at  any  time  hereafter,  at  the  request  and  expense  of  the  said  Y.  Z.,  his 
heirs  or  assigns,  make  all  such  further  assurances  for  the  more  effectual 
conveying  of  the  said  premises,  with  the  appurtenances,  as  may  be  reason- 
ably required  by  him  or  them. 

628.  Covenant  Against  Orantor'a  Acts. 

And  the  said  party  of  the  first  part,  for  himself  and  his  heirs,  executors 
and  administrators,  doth  covenant,  promise  and  agree,  to  and  with  the  said 
party  of  the  second  part,  his  heirs,  executors,  administrators  and  assigns, 
that  he  has  not  made,  done,  committed,  executed  or  suffered  any  act,  mat- 
ter or  thing  whatsoever,  whereby  or  by  means  whereof  the  above-granted 
premises,  or  any  part  thereof,  now  are,  or  at  any  time  hereafter  shall  or 
may  be  impeached,  charged  or  encumbered,  in  any  manner  or  way  what- 
soever. 

629.  The  Same;  a  Short  Form. 

And  that  the  said  grantor  has  not  done  or  suffered  any  thing  whereby 
the  title  of  the  said  premises  to  the  said  grantee  can  be  frustrated  or  an- 
nulled. 

630.  Several  Covenant  by  Grantors  Against  Their  Own  Acts  Respectively. 

And  the  said  A.  B.  and  0.  D.,  for  themselves,  their  heirs,  executors  and 
administrators,  do  severally,  and  not  jointly,  nor  the  one  for  the  other,  or 
for  the  act  or  deed  of  the  other,  but  each  for  his  own  acts  only,  covenant, 
promise  and  agree,  to  and  with  the  said  Y.  Z.,  his  heirs  and  assigns,  that 
they,  the  said  A.  B.  and  C.  D.,  have  not  done,  committed,  executed  or  suf- 
fered any  act,  matter  or  thing  whatsoever,  whereby  the  above-granted 
premises,  or  any  part  thereof,  is,  are  or  shall  or  may  be  impeached,  charged 
or  encumbered,  ia  any  manner  whatsoever. 

631.  Short  Form  of  Covenants  of  Seizin  and  Warranty. (c) 

And  the  said  grantor  does  hereby  covenant  with  the  said  grantee  that  he 
is  the  lawiul  owner  of  the  said  premises  in  fee-simple ;  and  that  he  will 
warrant  and  defend  the  title  against  all  future  claims. 

632.   Covenant  Against  Nuisances.(d) 

And  the  said  party  of  the  second  part,  for  himself,  his  heirs  and  assigns, 
does  hereby  covenant  to  and  with  the  said  A.  B.,  his  heirs,  executors  and 

(c)  This  is  the  form  given  by  Walker  kind  of  building  and  occupation,  sea 
(Intro.,  415).  the  chapter  of  Deeds. 

{d)  For  another  form,  restricting   the 


COVENANTS.  301 


Respecting  Easements,  etc. 


administrators,  that  neither  the  said  party  of  the  second  part,  nor  his  heirs 
or  assigns,  shall  or  will  at  any  time  hereafter,  erect  any  buildings  within 
forty  feet  of  the  front  of  said  lot,  except  of  brick  or  stone,  with  roofs  of 
slate  or  metal,  and  will  not  erect  or  permit  upon  any  part  of  the  said  lot 
any  slaughter-house,  smith-shop,  forge,  furnace,  steam-engine,  brass-foundry, 
nail  or  other  iron  factory,  or  any  manufactory  of  gunpowder,  glue,  varnish, 
vitriol,  ink  or  turpentine,  or  for  the  tanning,  dressing  or  preparing  skins, 
hides  or  leather,  or  any  brewery,  distillery,  or  any  other  noxious  or  dan- 
gerous trade  or  business. 


633.  Covenant  Not  to  Build  So  as  To  Obstruct  Light  and  Air. 

And  the  said  Y.  Z.,  for  himself,  his  heirs  and  assigns  [<?r,  if  leasehold 
froperty,  his  executors,  administrators  and  assigns  being  the  holders  or 
holder,  owners  or  owner  of  the  indenture  or  lease  above  mentioned  and 
herein  assigned,  or  of  any  renewal  of  the  term  of  years  herein  granted], 
doth  hereby  covenant,  grant,  promise  and  agree  to  and  with  the  said  A.  B. 
Company,  their  successors  and  assigns,  that  a  strip  of  land  feet  in 
width,  along  the  side  of  the  lot  of  land  above  described  [and  demised 

by  said  lease],  and  forming  part  of  said  lot,  shall  not,  nor  shall  any  part  of 
said  feet  in  width  be  built  upon  by  any  building  whatever,  which 

may  obstruct  the  light  or  air  of  the  buildings  of  the  said  A.  B.  Company, 
their  successors  or  assigns,  now  or  hereafter  to  be  erected  on  their  land 
which  adjoins  said  feet  on  the  said  side  thereof. 

634.   Conenant  to  Maintain  Fences. 

And  the  said  A.  B.,  for  himself,  his  heirs,  executors  and  administrators 
covenants  to  and  with  the  said  parties  of  the  second  part,  their  executors, 
administrators  and  assigns  [or,  if  a  corporation^  say^  their  successors  and 
assigns],  that  he  will  erect  upon  the  easterly  and  westerly  lines  of  said  strip 
good,  lawful  and  sufficient  fences  to  inclose  the  same,  and,  at  his  and  their 
own  cost  and  charge,  maintain  and  keep  the  same  in  good  repair  [for  the 
term  of  years]. 

635.  Stipulation  Against  Implied  Covenants. 
And  it  is  hereby  further  agreed  by  and  between  the  parties  to  these  pres- 
ents, and  the  true  intent  and  meaning  hereof  is,  that  neither  these  presents 
nor  any  thing  herein  shall  be  construed  or  taken  to  be  a  covenant  or  cove- 
nants of  warranty,  or  of  seizin  of  the  said  parties  of  the  first  part,  or  their 
successors,  or  to  operate  further  than  to  pass  the  estate,  right,  title  and  in- 
terest they  may  have,  or  may  lawfully  claim  in  the  premises  hereby  con- 
veyed. 

636.   Covenant  to  Stand  Seized  to  Uses. 
Tnrs  INDBNTTJEE,  made  this  day  of  ,  in  the  year  one  thousand 

eight  hundred  and  between  A.  B.,  of  ,  in  the  county  of 


302  ABBOTTS'  FORMS. 


Covenant  to  Stand  Seized.  Debtor  and  Creditor. 

and  State  of  ,  merchant,  of  the  first  part,  and  Y.  Z.,  of 

in  the  said  county,  counsellor  at  law,  of  the  second  part :  Witnesseth  that, 
for  and  in  consideration  of  the  natural  love  and  affection  which  he  beareth 
unto  those  to  whom  the  estates  are  hereinafter  limited,  and  for  the  ad- 
vancement of  B.  B.  his  son,  and  others  of  his  blood  hereinafter  mentioned, 
he,  the  said  A.  B.,  does  hereby  for  himself  and  his  heirs,  covenant,  grant 
and  agree  to  and  with  the  said  Y.  Z.  and  his  heirs,  that  the  said  A.  B. 
and  his  heirs  shall  and  will,  from  henceforth,  stand  and  continue  seized 
of  and  in  all  [here  insert  description  of  the  premises'],  together  with  all  and 
singular  the  tenements,  hereditaments  and  appurtenances  thereunto  belong- 
ing, to  and  for  the  uses,  intents  and  purposes  hereinafter  limited — that  is  to 
say,  for  the  use  and  behoof  of  the  said  A.  B.  for  and  during  the  term  of  his 
natural  life,  without  impeachment  of  or  for  any  manner  of  waste ;  and  after 
his  decease,  then  to  and  for  the  use  and  behoof  of  B.  B.  and  h'is  heirs  and 
assigns  forever. 

In  testimont  whereof,  the  said  party  of  the  first  part  has  hereunto  set 
his  hand  and  seal,  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered )  {Signature  and  seal.'] 

in  presence  of  \  , 

[Signatures  of  witnesses.'] 

[Add  Acknowledgment  or  Proof  as  in  ease  of  am,  ordinary  Deed.] 


CHAPTER  xxyn. 

DEBTOR   AND   CREDITOR. 


A  LETTER  OP  LICENSE  is  a  written  promise  by  creditors  that  they  will  give 
their  debtor  time  for  payment,  and  wUl  not  molest  him  meanwhile.  A  com- 
position is  an  agreement  to  accept  less  than  the  sums  due  them  respectively. 
It  usually  includes  the  substance  of  a  letter  of  license. 

Creditors  who  unite  in  such  agreements  are  regarded  as  engaging  not  only 
with  the  debtor  but  with  each  other.(a)  But  any  one  who  has  signed  may 
openly  withdraw  his  assent,  with  the  consent  of  the  debtor,  without  the  con- 
currence of  the  other  creditors,  before  the  accord  has  been  fully  executed.(6) 

Any  secret  arrangement  by  one  of  them  with  the  debtor  to  secure  an  advantage 
over  the  others,  renders  the  contract  a  fraud  upon  the  others  and  avoids  it. 
Creditors  first  signing  such  an  instrument,  usually  do  so  upon  the  expectation 
that  others  will  also  sign.  If  this  is  intended  to  be  a  condition,  it  should  be 
expressly  declared  to  be  such  at  the  time  of  executing  and  delivering  the 
paper  ;  and  the  most  convenient  way  is  to  insert  a  clause  to  that  efiFect,  as  in 
Form  640,  or  any  one  may  prefix  such  a  condition  to  his  signature,  as  in 
Form  397. 

General  terms  in  a  letter  of  license  or  composition  deed,  extending  to  all  the 
demands  of  the  signers,  are  not  to  be  deemed  restrained  by  sums  set  opposite 
their  names,  so  as  to  operate  only  on  the  debts  so  specified.  Hence,  if  it  is  in- 
tended to  apply  only  to  the  debt  specified,  this  intent  should  be  expres8ed.(c) 

(a)  LeicestertJ.Eose,  4  J«»si.,372;Breck  (c)  Britten  v.  Hughes,  5  Bing.,  460; 
V.  Cole,  4  Sand/.,  79.  Russell  v.  Eogers,  10  Wend.,  474. 

(b)  Fellows  V.  Stevens,  24  Wend.,  294. 


DEBTOR  AND  CREDITOR.  803 


Letter  of  License. 


PA  OB 

637.  Letter  of  license,  common  form 803 

638.  The  same  ;  with  a  condition  that  the  debtor  pay  by  instalments 304 

689.  Composition  with  creditors 304 

640.  Letter  of  license  or  composition  deed,  to  be  void  unless  all  the  specified 

creditors  sign 444 

641.  Composition  deed  allowing  debtor  to  carry  on  business  under  inspection  of 

a  committee  of  the  creditors 444 

642.  Minute  of  creditors'  meeting  agreeing  on  a  composition 444 

637.  Letter  of  License^  Common  Form. 

To  all  to  whom  these  presents  shall  come,  we,  who  have  hereunto  suh- 
scribed  our  names  and  aflSxed  our  seals,  creditors  of  Y.  Z,,  of  , 
send  greeting : 

"Whereas*  the  said  Y.  Z.,  on  this  day  of  ,  is  indebted  unto 

us,  the  several  creditors  hereunder  named,  in  divers  sums  of  money,  which 
at  present  he  is  not  able  to  pay  and  satisfy,  without  time  to  be  given  him 
for  payment  thereof:  Know  te,  therefore,  that  we,  the  said  several  cred- 
itors, and  -every  one  of  us,  at  the  request  of  the  said  Y.  Z.,  have  given,  and, 
by  these  presents,  do  give  and  grant  unto  the  said  Y.  Z.  fuU  and  free  liberty, 
license  and  authority  to  attend,  follow  and  negotiate  any  affairs,  business, 
matters  or  things  whatsoever,  at  any  places  whatsoever,  without  any  im- 
pediment to  be  offered  or  done  unto  the  said  Y.  Z.  or  his  property,  by  us 
or  any  of  us,  or  by  the  executors,  administrators,  partners  or  assigns  of  us 
or  any  of  us,  or  by  our  or  any  of  our  means,  or  procurement  to  be  sought, 
attempted,  or  procured  to  be  done,  for  and  during  months  next  ensuing 
the  date  hereof.  And  further,  we,  the  said  creditors  hereunder  subscribed, 
and  each  of  us,  do  covenant  and  agree  for  ourselves,  our  executors,  admin- 
istrators, partners  and  assigns  respectively,  and  not  jointly,  or  one  for  an- 
other, or  for  the  executors,  administrators,  partners  or  assigns  of  each  other, 
to  and  with  the  said  Y.  Z.,  that  we,  or  any  of  us,  our  executors,  adminis- 
trators, partners  or  assigns  or  any  of  them,  shall  not,  during  the  time 
aforesaid,  sue,  arrest,  attach,  or  prosecute  the  said  Y.  Z.,  for,  or  on  account 
of  our  respective  debts,  or  any  part  thereof;  and  that  if  any  hurt,  damage, 
or  hindrance  be  done  unto  the  said  Y.  Z.,  either  in  body  or  property,  within 
the  aforesaid  term  of  months  next  ensuing  the  date  hereof,  by  us  or  any 
of  us,  the  said  creditors,  or  by  any  person  or  persons,  by  or  through  the 
procurement  or  consent  of  us,  or  any  of  us,  contrary  to  the  true  intent  and 
meaning  of  these  presents,  then  the  said  Y.  Z.,  his  heirs,  executors  and  ad- 
ministrators, by  virtue  hereof,  shall  be  discharged  and  acquitted  forever, 
against  such  of  us,  the  said  creditors,  his  and  their  executors,  administrators, 
partners  or  assigns,  by  whose  will,  means,  or  procurement  he  shall  be  ar- 
rested, attached,  prosecuted,  grieved  or  damaged,  of  all  actions,  suits,  dam- 
ages, debts,  charges,  claims  and  demands  whatsoever,  from  the  beginning 
of  the  world  to  the  day  of  the  date  hereof! 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals,  the  day 
first  above  written.  A.  B.  [Seal.l 

In  presence  of  0.  D.  [iSeaZ.] 

[Signature  of  witness.]  E.  F.  [Seal.] 


304  ABBOTTS'  FORMS. 


Letter  of  License.  Composition  Deed. 

638.  The  Same  ;  With  a  Condition  That  the  Debtor  Pay  ly  Instalments. 

[As  in  the  preceding  form  to  the  t  at  the  end,  then  adding  the  folloioing  ;] 

Phovided  always,  and  under  this  condition,  that  if  the  said  Y.  Z.,  his 
executors,  administrators  or  assigns,  do  not  well  and  truly  pay  unto  us  the 
said  creditors  hereunto  subscribed,  our  respective  executors,  administrators 
and  assigns,  the  sums  of  money  to  us  by  him  owing,  in  manner  following — 
that  is  to  say,  on  the        day  of  next  ensuing  the  date  hereof,  one  just 

part  of  our  said  debts,  between  us  to  be  divided  according  to  the 
proportions  of  our  several  debts  by  him  owing,  and  on  the  day  of  , 
which  will  be  in  the  year  18    ,  one  other  part  of  the  present  amount 

of  our  said  debts,  to  be  divided  as  aforesaid,  and  on  the         day  of  , 

which  will  be  in  the  year  ,  the  residue  of  onr  said  several  debts,  to  be 
divided  as  aforesaid :  that  then,  and  from  and  after  any  default  in  any  of 
such  payments,  this  our  present  letter  of  license  shall  be  utterly  void  and 
of  none  effect,  towards  him  and  them  of  us  to  whom  any  such  default  of 
payment  shall  happen  to  be  made ;  any  thing  above  written  to  the  contrary 
notwithstanding. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals,  the  day 
first  above  written. 

In  presence  of  A.  B.  {Seal.'\ 

{Signature  of  witness.}  C.  D.  [Seal.] 

E.  F.  ISeal] 

639.  Composition  with  Creditors. 

To  ALL  to  whom  these  presents  shall  come,  we  who  have  hereunto  sub- 
scribed our  names  and  affixed  our  seals,  creditors  of  Y.  Z.,  of  , 
send  greeting: 
Whkeeas*  the  said  Y.  Z.  does  justly  owe  and  is  indebted  unto  us,  his  said 
several  creditors,  in  divers  suras  of  money,  but  by  reason  of  losses,  disap- 
pointments and  other  damages,  happened  unto  the  said  Y.  Z.,  he  is  become 
unable  to  pay  and  satisfy  us  of  our  full  debts,  and  just  claims  and  demands, 
and  therefore  we,  the  said  creditors,  have  resolved  and  agreed  to  undergo 
a  certain  loss,  and  to  accept  of  cents  for  every  dollar  owing  by  the 
said  Y.  Z.  to  us,  the  several  and  respective  creditors  aforesaid,  to  be  paid  in 
fall  satisfaction  and  discharge  of  our  several  and  respective  debts.  Now 
KNOW  YB,  that  we,  the  said  creditors  of  the  said  Y.  Z.,  do,  for  ourselves, 
severally  and  respectively,  and  for  our  several  and  respective  executors  and 
administrators,  partners  and  assigns,  covenant,  promise,  compound  and 
agree,  to  and  with  the  said  Y.  Z.,  his  [heirs], («Z)  executors  and  administra- 
tors, by  these  presents,  that  we,  the  said  several  and  respective  creditors, 
executors,  administrators,  partners  and  assigns,  shall  and  will  accept,  re- 
ceive and  take,  of  and  from  the  said  Y.  Z.,  his  [heirs],  (<Z)  executors  and  ad- 
ministrators, for  each  and  every  dollar  that  the  said  Y.  Z.  does  owe  and  is 

(d)  The  word  heirit  is  only  appropriate  of  the  debtor  binding  his  heirs  are  inclad- 
to  be  inserted  in  case  sealed  obligations    ed  in  the  composition. 


DEBTOR  AOT)  CREDITOR.  305 

Letter  of  License. 

indebted  to  us  the  said  several  and  respective  creditors,  the  sum  of 
cents,  in  full  discharge  and  satisfaction  of  the  several  debts  and  sums  of 
money  that  tlie  said  Y,  Z,  owes  and  is  indebted  unto  us;  to  be  paid  unto 
us,  the  said  several  and  respective  creditors,  our  several  and  respective  ex- 
ecutors, administrators,  partners  and  assigns,  within  months  next 
after  the  date  of  these  presents.  And  we,  the  said  several  and  respective 
creditors,  do  severally  and  respectively,  for  ourselves,  our  several  and  re- 
spective executors,  administrators,  partners  and  assigns,  and  not  jointly  for 
each  other  or  the  representatives,  etc,  of  each  other,  covenant,  promise 
and  agree  to  and  with  the  said  Y,  Z.,  his  executors  and  administrators,  that 
the  said  Y.  Z.,  his  executors,  administrators  and  assigns,  shall  and  may, 
from  time  to  time,  and  at  all  times  within  the  said  term  of  months 
next  ensuing  the  date  hereof,  assign,  sell  or  otherwise  dispose  of  his  prop- 
erty, at  his  and  their  own  free  will  and  pleasure,  for  and  towards  the  pay- 
ment and  satisfaction  of  the  said  cents  for  every  dollar  the  said  Y".  Z. 
owes  and  is  indebted,  as  aforesaid,  unto  us,  the  said  respective  creditors ; 
and  that  neither  we,  the  said  several  and  respective  creditors,  or  any  of  us, 
nor  the  executors,  administrators,  partners  or  assigns  of  us,  or  any  of  us, 
shall  or  will,  at  any  time  or  times  hereafter,  sue,  arrest,  attach  or  prosecute 
the  said  Y.  Z.  or  his  property  and  chattels,  for  any  debt  or  other  thing  now 
due  and  owing  to  us,  or  any  of  us,  his  respective  creditors  aforesaid ;  so  as  the 
said  Y.  Z.,  his  executors  or  administrators,  do  well  and  truly  pay,  or  cause 
to  be  paid  unto  us,  his  said  several  and  respective  creditors,  the  said  sum  of 
cents  for  every  dollar  he  owes  and  is  indebted  unto  us  respectively, 
within  the  said  space  of  months  next  ensuing  the  date  hereof  t  [or,  if 
several  payments  are  to  he  made,  state  them  as  in  the  preceding  Jbrm], 
In  witness  [etc.,  as  in  the  preceding  form]. 


640.  Letter  of  License  or  Composition  Deed,  to  be  Void,  Unless  All  the 
Specified  Creditors  Sign. 

To  all  to  whom  these  presents  shall  come,  we,  A.  B.,  of  ,  0.  D., 

of  [etc ,  naming  all  the  creditors  who  are  to  sign],  who  have 

hereunto  subscribed  our  names,  and  aflSxed  our  seals,  creditors  of 

Y.  Z.,  send  greeting : 

Whereas  [continuing  as  in  Form  637  or  639,  from  the  *  near  the  begin- 

ning  to  the  t  near  the  end,  and  conclude  thus] :     Provided  always,  never 

theless,  and  it  is  the  true  intent  and  meaning  of  those  presents,  and  of  the 

said  parties  hereunto,  that  if  all  the  said  parties  above  named  as  creditors 

[or,  if  two-thirds  in  amount  of  the  said  parties  above  named  as  creditors, 

or  othencUe,  as  may  be  agreed]  shall  not  subscribe  and  seal  these  presents,(e) 

then,  and  in  such  case,  the  liberty  and  license  hereby  given  and  granted, 

and  every  clause,  covenant,  matter  and  thing  herein  contained,  shall  cease 

(«)  A    condition    inserted    that    other  executin?  the  paper,  is  satisfied  by  proof 

creditors  shall  assent,  withont  any  thing  of  assent  on  their  part  evidenced  in  other 

to  indicate  that  the  asseni  is  to  be  by  ways.    Fellows  ^.  Stov.cus,  24  IFen^.i  2W. 
20 


306  ABBOTTS'  FORMS. 


Composition  Deed. 


and  he  utterly  void,  to  all  intents  and  purposes ;  any  thing  hereinhefore  con- 
tained, to  the  contrary  thereof,  in  any  wise  notwithstanding. 

In  witness  whereof,  the  said  parties  to  these  presents  have  hereunto  set 
their  hands  and  seals,  the        day  of  ,  18    . 

In  presence  of  A.  B.  [Seal.] 

[Signature  of  witness.']  C.  D.  {Seal.] 

E.  F.  [Seal.] 

641.  Composition  Deed,  Allowing  Debtor  to  Carry  on  Business  Under  In- 
spection of  a  Committee  of  the  Creditors. 

This  indentubk,  made  this        day  of  i  ^  8    ,  between  the  several 

creditors  of  Y.  Z.,  whose  names  and  seals  are  hereunto  subscribed  and 
aflSxed,  parties  of  the  first  part  [or,  if  it  is  intended  that  all  shall  sign  in 
order  to  make  the  composition  effeettial,  name  them  thus] :  between  A.  B., 
of  ,  0.  D.  and  E.  F.  composing  the  firm  of  0.  D.  &  Co.,  of  ,  and 

G.  H.,  of  ,  creditors  of  Y.  Z ,  parties  of  the  first  part,  and  the  said 

Y.  Z.,  of  ,  merchant,  party  of  the  second  part,  witnesseth :    Whereas 

the  said  Y.  Z.  is  indebted  to  the  several  persons  of  the  first  part^  in  the 
several  sums  of  money  placed  opposite  to  their  respective  names  in  the 
schedule  hereunto  aflSxed ;  and  whereas,  at  a  meeting  of  the  creditors  of 
the  said  Y.  Z.,  held  on  the         day  of  ,  18    ,  at  ,  it  was  made 

to  appear  to  them,  that  by  reason  of  losses  and  obstacles  in  trade  be  was 
unable  to  pay  the  several  demands  upon  him  immediately,  but  tliat  his 
stock  in  trade,  and  his  other  estate  and  eftects  were  sufficient  for  that  pur- 
pose, whereupon  it  was  mutually  agreed  by  and  between  the  parties  hereto, 
that  the  term  of  years  should  be  given  to  the  said  Y.  Z.  to  collect  in 

and  dispose  of  his  said  estate  and  effects,  and  that,  in  the  mean  time,  he 
should  be  permitted  to  manage  and  improve  the  same  under  the  inspection 
of  the  parties  of  the  first  part  by  a  committee  of  their  number  to  be  by 
them  chosen,  and  by  them,  their  executors,  administrators  and  assigns, 
renewed  from  time  to  time  for  that  purpose,  under  and  subject,  neverthe- 
less, to  the  conditions,  stipulations  and  agreements  hereinafter  contained 
respecting  the  same :  Now  in  consideration  thereof,  and  of  the  covenants 
and  agreements  hereinafter  contained,  on  the  part  of  the  said  Y.  Z.  to  be 
performed,  the  said  parties  hereto  of  the  first  part,  and  each  of  them  for 
themselves  respectively,  and  their  respective  partners,  and  his  and  their 
several  and  respective  executors,  administrators  and  assigns,  but  not  any 
one  of  them  for  any  other  of  them,  nor  for  the  executors,  administrators, 
partners  or  assigns,  of  any  other  or  others  of  them,  do : 

I.  Give  and  grant  unto  the  said  Y.  Z.,  free  liberty  and  license  to  carry 
on,  conduct  and  manage  his  said  trade  or  business  of  ,  and  all  his 

other  affairs  and  concerns,  and  collect,  get  in  and  sell  and  dispose  of,  con- 
vey and  assign  all  or  any  part  of  his  estate,  debts  and  effects,  under  tiie 
inspection  and  subject  to  the  approbation  and  control  of  the  said  parties  of 
the  first  part,  by  their  committee  as  aforesaid,  from  henceforth  until  the 
day  of  ,  18    ,  if  he,  the  said  debtor,  shall  so  long  live,  and  con- 

tinue to  observe  and  perform  the  several  covenants  and  agreements  herein- 
after contained,  on  his  part  or  belialf  to  be  observed  or  performed ;  and  they 


DEBTOR  AND  CREDITOR.  307 

Composition  Deed. 

agree  with  him  and  with  each  other  that  they,  the  said  parties  of  the  first 
part,  creditors  as  aforesaid,  or  any  or  either  of  them,  shall  not  nor  will, 
during  the  time  or  period,  and  observance  and  performance  aforesaid  [for 
any  cause  or  consideration  now  existing],  sue,  arrest,  attach  or  prosecute 
him,  the  said  Y.  Z.,  or  his  property,  or  in  any  way  impede  or  molest  him  in 
the  carrying  on  or  management  of  his  said  business  or  concerns,  or  the  sale 
or  disposition  of  his  estate  or  effects,  under  such  control  and  inspection  as 
aforesaid,  nor  seize  or  possess  themselves  of,  or  in  anywise  attach,  or  inter- 
meddle with  his  goods,  estates,  property  or  effects  in  anywise  whatsoever. 

[If  desired  to  add  a  clause  that  creditors  violating  the  license  shall  forfeit 
their  debts,  it  may  be  like  the  last  half  of  Form  637.] 

II.  And  for  the  purposes  aforesaid,  the  said  party  of  the  second  part 
hereby  covenants  and  agrees  with  the  parties  of  the  first  part,  to  make  and 
deliver  to  them  or  their  committee  within  a  reasonable  time,  a  full  and 
true  account  of  all  the  creditors  of  tlie  said  Y.  Z ,  showing  the  place  of 
residence  of  each  creditor,  if  known ;  and  if  not  known,  the  fact  to  be 
stated ;  the  sum  owing  to  each  creditor,  and  the  nature  of  each  debt  or 
demand,  whether  on  written  security,  account  or  otherwise ;  the  true  cause 
and  consideration  of  indebtedness  in  each  case,  and  the  place  where  it 
accrued;  and  a  full  and  true  inventory  of  all  the  estate,  both  real  and  per- 
sonal, in  law  and  equity,  of  the  said  Y.  Z. ;  of  the  encumbrances  existing 
thereon ;  and  of  all  the  books,  vouchers,  and  securities,  relating  thereto. 

III.  And  he  further  covenants  and  agrees  as  aforesaid  to  manage  and 
collect  his  assets,  and  to  carry  on  his  said  business  faithfully  and  diligently 
for  the  purposes  of  these  presents,  under  the  direction  and  control  of  the 
parties  of  the  first  part,  as  they  may  by  their  said  committee,  or  otherwise, 
direct,  according  to  the  true  intent  and  purpose  of  these  presents. 

IV.  And  he  further  covenants  and  agrees  as  aforesaid,  that  after  payment 
of  just  and  necessary  legal  expenses,  and  the  expenses  of  conducting  said 
business  [including  a  commission  of  per  cent,  upon  the  net  proceeds 
as  a  compensation  for  the  committee  hereinafter  provided  for],  and  also 
after  reserving  to  said  Y.  Z.  so  much  as  may  be  necessary  for  his  reason- 
able support,  which  is  not  to  exceed  the  rate  of  dollars  per  month, 
nor  to  exceed  the  sum  of  dollars  in  any  one  month,  he  wiU,  subject 
as  aforesaid,  pay  over  and  distribute  the  proceeds  of  said  assets  and  busi- 
ness, for  and  towards  payment  and  satisfaction  of  the  sums  the  said  Y.  Z. 
owes  as  aforesaid  unto  us  the  said  respective  creditors,  pro  rata  [specific 
liens,  however,  already  secured  by  any  creditors,  to  be  first  discharged  out 
of  the  pi;operty  which  is  bound  by  such  liens]. 

V.  And  the  party  of  the  second  part  hereby  further  covenants  and 
agrees  as  aforesaid,  that  he  will  not,  during  such  time,  make  any  assignment 
or  transfer  of  any  of  his  property,  with  any  preference  for  any  creditor ; 
that  he  will  keep  just  and  true  accounts  of  all  his  transactions,  subject  at 
all  times  to  the  inspection  of  the  parties  of  the  first  part  and  their  said  com- 
mittee, and  will  render  to  the  said  committee,  once  in  each  ,  a  state- 
ment of  his  accounts,  showing  [here  specify  what  is  desired] ;  which  accounts, 
as  well  as  the  one  hereinbefore  provided  for,  shall  be  verified  by  him  on 
oath,  if  so  required. 


308  ABBOTTS'  FORMS. 


Composition  Deed. 


VI.  And  he  further  covenants  and  agrees  as  aforesaid,  that  he  will  not, 
during  the  period  contemplated  by  these  presents,  indorse  or  accept  for  ac- 
commodation, or  become  surety  in  any  wise  for  any  person,  or  voluntarily 
incur  any  liability  except  in  the  course  of  his  said  business,  and  will  not 
enter  upon  or  undertake  any  other  business  or  enterprise  whatever, 

VII.  And  the  said  party  of  the  second  part  further  covenants  and  agrees 
as  aforesaid,  that  he,  the  said  Y.  Z.,  his  heirs,  executors  and  administrators, 
shall  and  will,  well  and  truly,  pay  or  cause  to  be  paid  unto  all  and  every 
the  said  creditors,  parties  hereto,  their  respective  executors,  administrators, 
partners  or  assigns,  or  other  person  or  persons  by  them  respectively  author- 
ized to  receive  the  same,  their  full  and  whole  debts  and  demands,  at  or 
before  the  expiration  of  the  said  term  of  years,  in  the  manner  herein- 
before appointed  for  payment  thereof,  and  according  to  the  true  intent  and 
meaning  of  these  presents. 

VIII.  And  for  the  purposes  aforesaid,  the  said  parties  of  the  first  part 
have  appointed  and  hereby  do  appoint  A.  B,  and  E.  F.  their  committee,  as 
their  agents  and  attorneys,  to  act  until  otherwise  ordered,  or  until  others 
are  appointed  in  their  place,  by  the  parties  of  the  first  part,  and  with  full 
power  and  authority  to  do,  direct  and  assent  to  all  and  any  acts,  matters 
and  things  whatsoever,  relative  to  the  matters  or  tilings  aforesaid,  as  they, 
in  their  discretion,  shall  at  any  time  and  from  time  to  time  hereafter  think 
fit  and  expedient,  as  fully  as  the  parties  of  the  first  part  might  do  if  person- 
ally present. 

iX.  And  such  committee  are  also  empowered  to  nominate  and  appoint 
one  or  more  clerks,  or  other  persons,  to  assist  the  said  Y.  Z.  in  the  manage- 
ment of  his  said  trade  or  business,  at  such  salary  or  wages  as  they  shall 
think  fit ;  and  are  also  empowered  to  give  bail,  or  cause  it  to  be  given,  if  the 
said  Y.  Z.  or  his  property  shall  be  arrested,  attached  or  taken  under  process 
of  law  by  any  of  his  creditors,  or  persons  claiming  so  to  be ;  and  the  said 
committee  may  contest,  or  otherwise  act  concerning  the  debt  or  debts  of 
any  such  creditor  or  claimants,  at  the  expense  of  the  estate  and  efi"ects  of 
the  said  Y.  Z.,  as  they  shall  think  fit  and  necessary  for  the  purposes  afore- 
said. 

X,  And  it  is  hereby  further  covenanted  and  agreed,  by  and  between  the 
parties  hereto,  that  if,  by  reason  of  any  unforeseen  cause,  not  wilfully 
occasioned  by  the  said  Y.  Z,,  any  delay  shall  take  place  in  the  final  settle- 
ment of  his  affairs,  during  his  lifetime,  so  as  to  prevent  the  several  creditors, 
parties  hereto,  from  receiving  the  fuU  amount  of  their  respective  debts,  at 
or  before  the  expiration  of  the  said  term  of  years,  hereby  limited  for 

winding  up  the  concerns  of  the  said  Y.  Z.,  and  for  payment  of  his  creditors 
in  manner  aforesaid,  then  and  in  such  case  it  shall  be  lawful  for  the  said 
committee,  and  they  are  hereby  fully  authorized  and  empowered,  if  they 
shall  think  proper,  without  any  further  consent  of  the  said  creditors  than 
is  hereby  given,  to  prolong  or  extend  the  said  term  for  a  period  not  exceed- 
ing monihs,  to  bo  computed  from  the  expiration  of  the  said  term,  by 
an  indorsement  under  the  hands  of  the  said  committee  being  made  upon 
these  presents  to  that  effect;  and  that  thereupon  all  and  every  the  said  cred- 
itors,, parties  hereto,  their  executors,  administrators,  pai'tners  and  assigns, 


DEBTOR  AND  CREDITOR.  309 

Composition  Deed.  Agreement  of  Creditors. 

and  the  said  party  of  the  second  part,  and  his  heirs,  executors  and  adminis- 
trators, shall  continue  to  be  bound  by  the  covenants  and  agreements  herein 
contained,  in  the  same  manner,  for  such  further  period,  to  all  intents  and 
purposes,  as  if  the  whole  term  had  been  originally  limited  for  that  purpose. 

XI.  Provided  always,  nevertheless,  and  these  presents  are  upon  this  ex- 
press condition,  that  if  the  said  Y.  Z.  shall  die  within  the  period  aforesaid, 
or  if  he  shall  make  default  in  performance  of  either  of  the  covenants  or 
agreements  hereinbefore  contained  on  his  part  to  be  performed,  or  in  case 
any  of  the  creditors  of  the  said  Y,.  Z.  whose  debts  respectively  exceed  the 
sum  of  dollars  (except  only  such  of  them  as  having  other  secu- 

rities shall  choose  to  rely  thereon),  shall  not  duly  execute  or  otherwise 
accede  to  these  presents  [or,  if  all  the  intended  jjarties  are  named  in  the 
caption,  say,  or  in  case  any  of  the  hereinbefore  named  parties  of  the  first 
part  shall  fail  to  execute  tliese  presents]  within  months  next  after  the 

date  hereof,  then,  and  in  either  of  the  said  cases,  this  indenture,  and  every 
thing  herein  contained,  so  far  as  the  same  respectively  tends  to  restrain  the 
said  creditors  from  suing  for  and  recovering  his,  her  or  their  respective 
debts,  within  the  time  aforesaid,  shall  be  absolutely  void. 

In  witness  [etc.,  as  in  Form  640]. 


642.  Minute  of  Creditors'  Meeting  Agreeing  On  a  Composition. 

At  a  meeting  of  the  creditors  of  Y.  Z.,  of  ,  merchant,  held  on  the 

day  of  i  18    ,  at  ,  it  is  agreed  as  follows :  that  is  to  say, 

we,  the  creditors  of  the  said  Y.  Z.,  whose  names  are  hereunder  written, 
severally  agree  for  ourselves,  and  for  our  respective  executors,  administra- 
tors, partners  and  assigns,  to  and  with  the  said  Y.  Z  ,  his  executors  and  ad- 
ministrators, to  accept  and  receive  the  sum  of  cents  on  the  dollar  for 
all  that  he  owes  to  us,  the  same  to  be  in  full  satisfaction  of  the  debts  or 
sums  severally  due  to  us  from  him,  provided  that  the  said  sum  of 
cents  for  every  dollar  be  paid  severally  unto  us,  or  to  our  respective  part- 
ners, executors,  administrators  or  assigns,  within  the  sj)ace  of  days 
from  the  day  of  the  date  hereof;  and  in  default  thereof,  this  agreement, 
and  every  thing  herein  contained,  shall  be  void  and  of  none  effect  towards 
him  and  them  of  us,  to  whom  any  such  default  of  payment  shall  happen  to 
be  made. 

Ik  witness  [etc.,  as  in  Form  640]. 


310  ABBOTTS'  FORMS. 


General  Principles  concerning  Deeds. 


CHAPTER  XXYIII. 

DEEDS. 

The  word  "  deed,"  in  its  broadest  signification,  imports  any  instmment  in 
writing,  signed,  sealed  and  delivered,  as  the  act  of  the  person  making  it.  The 
tenn  is  more  commonly  used  of  conveyances  of  land,  in  contradistinction  to 
bonds,  mortgages,  leases,  powers  of  attorney,  etc. ;  and  accordingly,  in  this 
work,  such  other  instruments  form  the  subj  ects  of  separate  chapters. 

Throughout  the  United  States,  tlie  form  of  conveyance  is  usually  what  is 
kno^vn  in  English  conveyancing  as  the  bargain  and  sale  ; — such  an  instrument, 
in  its  orderly  form,  states  that  the  one  party,  naming  him,  in  consideration  of 
a  specified  simi  of  money,  the  receipt  of  wliich  is  acknowledged,  grants,  bar- 
gains and  sells  to  the  other  party,  naming  him,  certain  described  premises, 
with  such  appurtenances,  upon  such  conditions,  or  subject  to  such  reservations, 
as  may  be  expressed ;  to  be  held  by  the  grantee  for  life,  or  by  him  and  his 
heirs  and  assigns  forever,  or  upon  trust,  etc.,  or  otherwise,  according  to  the 
estate  intended  to  be  conveyed.  Then  follow  such  covenants  respecting  the 
title  to  the  property  or  the  use  of  it,  as  the  parties  agree  upon  ;  and  in  witness 
of  the  whole,  the  grantor,  and  sometimes  the  grantee  also,  signs  the  instru- 
ment. 

The  first  requisite  of  a  valid  deed  is,  that  there  be  competent  parties  to  con- 
tract, and  that  they  be  suflBciently  designated  in  the  instrument.  If  the  parties 
upon  either  side  are  copartners,  their  designation  and  signature  should  be  by 
their  individual  names,  not  by  the  firm-name. 

Secondly.  There  should,  in  order  to  sustain  a  deed  as  against  creditors  and 
subsequent  purchasers,  be  a  consideration,  and  it  is  advisable  that  the  consid- 
eration be  expressed.  Where  there  is  no  actual  consideration,  it  is  usual  to 
insert  a  nominal  one,  commonly  one  dollar. 

Thirdly.  The  conveyance  must  be  reduced  to  writing  upon  paper  or  parch- 
ment. The  first  part  of  the  instrument, — which  states  the  names  of  the  par- 
ties, the  consideration,  the  transfer,  and  the  property  transferred, — is  termed 
tlie  premises.  The  habendum,  which  usually  follows,  declaring  what  estate  the 
grantee  is  to  have,  is  a  mere  form,  which  has  no  efficacy  if  the  premises  indi- 
cate the  estate  intended  to  be  vested.  The  usual  covenants  as  to  title  are : 
that  the  grantor  is  lawfully  seized  ;  that  he  has  good  right  to  convey ;  that  the 
land  is  free  from  encumbrances ;  that  the  grantees  shall  quietly  enjoy ;  and 
that  the  grantor  will  warrant  and  defend  the  title  against  all  lawful  claims. 
These  are  more  fully  treated  in  the  chapter  of  Covenants  than  in  this  chapter. 

Lastly,  to  make  the  deed  operative,  it  must  be  duly  executed  and  delivered  ; 
and  by  the  law  of  some  States,  attestation  by  witnesses,  acknowledgment  by 
the  grantor,  or  proof  by  the  witnesses,  and  record,  are  also  essential. 

Tlie  due  execution  of  a  deed  requires  the  signature  of  the  grantor,  which 
may  be  made  by  his  own  hand,  or  by  the  hand  of  another,  writing  his  name  in 
his  presence  and  by  his  direction,  or  by  the  hand  of  an  agent  empowered  by 
deed.  To  the  signature,  a  seal  must  be  affixed  in  some  of  the  States.  In  the 
absence  of  any  regulation  to  the  contrary,  the  seal  must  be  an  impression 
made  upon  wax  or  a  wafer,  affixed  to  the  paper.  In  some  of  the  States,  how- 
ever, the  word  "  Seal,"  or  a  printed  or  written  scroll  in  imitation  of  a  seal,  ia 
sufficient.  In  others,  chiefly  Western  and  Soutliern  States,  the  use  of  seals  ia 
wholly  dispensed  with. 

Where  there  are  several  signattrres,  it  is  best  to  affix  a  seal  for  each ;  but  one 
will  suffice  for  all,  if  the  intention  to  use  it  so  is  made  apparent. 

If  actual  seals  are  affixed  to  the  instrument,  words  in  the  conclusion  indica- 


DEEDS.  311 

General  Principles. 


ting  that  the  parties  have  affixed  their  seals  are  not  necessary  (a)  though  it  is 
usual  always  to  insert  them.  In  some  of  the  States,  the  sufficiency  of  a  scroll 
as  a  seal  depends  on  whether  such  words  are  inserted. 

The  seals  are  usually  affixed  by  the  conveyancer  in  preparing  the  instrument. 
If  the  paper  is  sent  away  for  execution,  it  is  a  convenient  practice  to  mark  on 
it,  in  pencil,  the  proper  places  for  the  respective  signatures,  and  the  number 
of  witnesses  required. 

If  the  grantor  is  an  illiterate  person,  or  in  any  case,  if  he  requests  it,  the 
deed  must  be  read  over  to  him  before  its  execution  ;  and  all  blanks  should  be 
filled  before  execution,  and  any  material  erasures  or  interlineations  should  be 
noted  at  the  foot,  just  above  the  signatures  of  the  attesting  witnesses. 

After  an  attestation  and  acknowledgment  as  required  by  law,  the  parties 
have  not  power,  even  by  consent,  to  make  alterations  in  any  material  point 
without  attesting  and  acknowledging  anew. 

The  delicery  of  a  deed  is  essential  to  give  it  operation  ;  and  in  general  a  deed 
will  not  take  effect,  so  as  to  vest  the  estate  or  interest  intended  to  be  conveyed, 
except  from  the  time  of  its  delivery.  In  this  respect,  the  date,  which  is  not  in 
itself  an  essential  part  of  a  deed,  is  unimportant.  Delivery  and  an  acceptance 
by  the  grantee  are,  however,  presumed  from  slight  circumstances.  A  declara- 
tion made  by  the  grantor,  in  the  presence  of  the  witnesses,  upon  executing  a 
deed,  that  he  does  deliver  it,  though  he  retains  possession  at  the  time,  will  be 
sufficient  to  throw  the  burden  of  disproving  the  delivery  upon  the  party  dis- 
puting it.  If  the  delivery  is  intended  to  be  conditional,  so  as  not  to  take  effect 
immediately,  it  must  be  made  to  some  other  person  than  the  grantee  or  his 
agent. 

It  is  the  practice  of  the  most  careful  conveyancers  to  cause  the  grantor,  on 
executing  the  deed,  to  declare  in  words,  in  the  presence  of  the  witnesses,  that 
he  executes  and  delivers  it  as  his  act  and  deed.  Such  a  formula,  though  not 
essential,  is  a  convenient  way  of  preventing  controversy  as  to  the  fact  of  de- 
livery. 

Attestation  by  witnesses  is  not  essential  to  constitute  a  deed  at  cxjmmon  law, 
and  when  not  required  by  the  terms  of  a  power  under  which  a  deed  is  made, 
or  by  statute,  a  deed  is  valid  without  attesting  witnesses.  Most  of  the  States, 
however,  have  adopted  the  rule  that  to  render  a  deed  valid  against  others  than 
the  grantor  and  his  heirs,  it  must  be  attested  by  one  or  more  witnesses,  unless 
it  is  acknowledged  by  the  grantor  ;  and  as  the  attestation  of  witnesses  affords 
such  an  easy  and  effectual  mode  of  proof,  enabling  the  grantee  to  supply  the 
want  of  a  sufficient  acknowledgment,  and  adds  greatly  to  the  credit  of  a  deed, 
prudence  requires  that  every  deed  be  so  attested.(5) 

Persons  who  are  disinterested  and  competent  should  be  selected  as  wit- 
nesses.(c)  It  is  generally  understood  that  a  subscribing  witness  is  one  who  was 
present  when  the  instrument  was  executed,  and  who  at  that  time  subscribed 
his  name  to  it  as  a  witness.  He  need  not,  however,  be  present  at  the  moment 
of  the  transaction.  If  he  is  called  in  by  the  parties  immediately  afterwards, 
and  upon  being  told  by  the  grantor  that  it  is  his  act,  and  requested  to  subscribe 
as  witness,  he  then  does  so,  it  is  a  sufficient  attestation,  the  whole  being  re- 
garded as  one  transaction. 

The  witnesses  should  in  general  attest  the  delivery  as  well  as  the  execution. 
In  some  of  the  States,  however,  it  will  be  observed  that  the  statute  speaks  only 
of  attesting  the  signing  and  sealing. 

Where  a  deed  is  delivered  in  escrow,  a  written  memorandum  of  the  condi- 


(a)  Goddard's  Case,  2  Co.,  5  ;  Milldam  Bank  v.  Spencer,  26  Oonn.,  195  ;  Johnsoa 

Foundry  i;.  Ilovey,  21  /'tcji;.,  417;  Bo  Me.,  v.   Turner,  7   Ohio,  568.     In   Corbett  v 

260.  Norcross  (35  N.  H.,  99),  it  was  held  tha^. 

(J)  Dole  V.  Thiirlow,  12  Mete.,  157.  signature  as  witness  by  the  wife  of  the 

(c)  As  to   whether  interest  or  ineom-  grantor  was  a  nullity.     And  see  Towns- 

peteucy  is  fatal,  compare  Winsted  Savings  end  v.  Downer,  27  Vt.  (1  WiU.),  119. 


312  ABBOTTS'  FORMS. 

Analysis  of  the  Cliapter  of  Deeds. 

tions  inserted  in  the  ■witnesses'  attestation  may  be  a  convenient  method  of  pre- 
serving evidence  of  the  fact ;  but  such  a  memorandum  is  not  essential. (fZ) 

Ackncmledgment. — The  formalities  above  stated  will,  as  a  general  rule,  com- 
plete the  transfer  according  to  the  tenor  of  the  instrument,  so  far  as  concerns 
the  immediate  parties  to  the  instrument  and  their  heirs.  But  in  order  to  pro- 
tect fully  the  rights  of  others,  registry  is  necessary,  and  a  preliminary  condi- 
tion to  the  registry  of  a  deed  is  its  due  acknowledgment  or  proof  before  the 
proper  officer.  It  is  to  be  added,  also,  that  by  the  law  of  most  of  the  States,  a 
deed  by  a  married  woman  is  without  any  validity  until  it  has  been  acknow- 
ledged by  her  in  person  before  such  officer.  The  subject  of  Acknow^ledgment 
AND  Proof  forms  a  separate  chapter,  where  the  rules  on  this  point  adopted  in 
the  several  States  are  indicated. 

It  is  the  duty  of  tlie  grantor,  or  person  who  has  contracted  to  give  the  deed, 
to  xirocure  the  due  acknowledgment  or  proof  of  its  execution,  and  such  inci- 
dental certificates  as  may  be  necessary  to  entitle  the  deed  to  be  put  on  record 
at  once.(e) 

In  the  following  pages,  we  give,  first,  in  alphabetic  order  of  the  names  of  the 
States,  short  or  peculiar  forms,  and  special  rales  relating  to  deeds,  which  are 
established  by  statute  or  practice  in  these  States  respectively.  These  forms 
are  adapted  to  the  most  common  cases  only,  and  present  the  local  peculiarities 
usual  in  common  deeds.  Following  these  are  a  copious  collection  of  forms 
conformable  to  the  methods  of  conveyancing  used  in  the  State  of  New  York 
and  the  numerous  States  in  which  the  same  forms  are  in  vogue.  These  are 
adapted  to  a  great  variety  of  cases  involving  peculiar  parties,  considerations, 
property,  estates  and  conditions.  These,  although  more  prolix  than  is  agree- 
able to  the  practice  of  some  other  States,  are,  in  general,  valid  and  sufficient  in 
all  the  States  and  Territories.  With  due  attention  to  the  directions  given  for 
the  execution  of  deeds  for  particular  States,  and,  in  case  of  statutory  convey- 
ances, to  the  provisions  of  the  acts  under  which  the  conveyance  is  made,  these 
may  be  safely  used  as  sufficient,  in  matter  of  form,  for  lands  in  any  jurisdiction 
within  the  Union,  in  the  cases  to  which  they  are  respectively  adapted. 


I.  FoEMS  Sanctioned  by  the  Statutes  oe  Pkactice  of  Paetioulab 
States,  and  Dikeotions  foe  Exeoution. 

PAOB 

Alabama 816 

Arkansas 316 

California 316 

Connecticut 317 

Delaware 817 

Georgia 817 

Illinois. 

643.  Deed  conveying  with  covenants 817 

Indiana. 

644.  Deed  conveying  without  covenants 818 

645.  Warranty-deed 818 

646.  Another  form 819 

Iowa. 

647.  Quit-claim  deed i 820 

648.  Deed  in  fee-simple  without  warranty 320 

649.  Th3  same ;  with  warranty 820 

650.  Another  form  ; — warranty-deed  with  covenants 320 

651.  Deed  of  trust 320 


{d)  Baldwin  v.  Potter,  2  Root^  81 ;  Kay-        (,«)  Smith  v.  Smeltzer,  1  EiU.,  287. 
mond  v.  Truth,  5  Conn,,  555. 


DEEDS.  313 

Analysis  of  the  Chapter. 


FAOB 

Kansas 320 

Kentuckit. 

652.  Deed  with  covenants 821 

Louisiana. 

653.  Conveyance  with  warranty  and  purchase- money  mortgage 821 

Maink 822 

Maryland 822 

Massachusetts. 

654.  Common  form  of  warranty-deed  .  .■ 323 

655.  The  same  ;  with  release  of  dower  by  wife C23 

656.  Quit-claim  and  release 324: 

657.  Deed  by  husband  and  wife,  conveying  wife's  land 824 

Michigan 324 

Minnesota 325 

Mississippi 325 

Missouri. 

658.  Deed  with  general  warranty 325 

659.  Deed  with  special  warranty 826 

660.  Quit-claim  deed 326 

New  Hampshire 826 

New  Jersey. 

661.  Deed  with  general  warranty 326 

662.  Deed  with  special  warranty 327 

New  York S27 

Ohio. 

663.  Deed  with  covenants  and  warranty 328 

Oregon. 828 

Pennsylvania. 

664.  Warranty-deed 328 

Rhode  Island 829 

South  Carolina. 

665.  Deed  with  warranty 830 

Tennessee 830 

Texas 830 

Vermont 830 

Virginia. 

666.  Quit-clftira  deed 331 

667.  Deed  to  convey  grantor's  whole  interest 331 

668.  Deed  with  covenant  against  grantor's  acts 331 

669.  Warranty-deed  with  full  covenants 331 

670.  Deed  of  trust  to  secure  debts,  etc 332 

671.  Deed  of  life-estate 332 

Wisconsin 832 

II,   EoBMS   GENEEALLY   ApPLIOABLB. 

672.  Formal  Indenture 333 

678.  Deed  poll 334 

674.  Short  form  of  deed  in  fee 884 

675.  Quit- claim  deed 334 

676.  Deed  conveying  without  covenants 385 

677.  Deed  with  covenants  against  grantor's  acts 336 

678.  Warranty  deed 337 

679.  Special  warranty 888 

680.  Warranty-d^ed  with  full  covenants 889 


314  ABBOTTS'  FORMS. 


Analysis  of  the  Cliapter  of  Deeds. 


PAOB 

681.  Deed  with  covenant  by  grantee  against  certain  kinds  of  building  and 

occupations,  and  against  nuisances 34i 

682.  Short  form  of  warranty-deed 843 

683.  Attestation  of  deed  in  which  erasures  or  interlineations  appear 343 

Deeds  by  or  to  Particular  Classes  of  Parties,  such  as  Corporations,  Officers, 

Trustees,  etc. 

684.  Deed  by  a  corporation 343 

685.  The  same  ;   where  all  the  directors  sign  844 

686.  The  same  ;   by  a  municipal  corporation 344 

687.  Deed  to  a  corporation 344 

688.  Deed  relating  to  heirs  or  devisees 845 

689.  Deed  executed  by  an  attorney  in  fact 845 

690.  Another  form  ;  referring  to  the  power  annexed 845 

•    691.  Deed  by  authority  of  the  Legislature 846 

692.  Deed  by  executors 346 

693.  Deed  by  survivors  of  the  acting  executors 347 

694.  Deed  by  executors,  reciting  the  power  and  the  facts  on  which  its  execu- 

tion depends 343 

695.  Deed  by  several  executors,  covenanting  severally  and  each  for  himself 

alone 349 

696.  Deed  by  executor  or  administrator,  selling  by  order  of  court  for  pay- 

ment of  debts 349 

697.  The  same  ;  setting  forth  the  orders  at  large 350 

698.  Deed  by  executor,  conveying  land  by  order  of  court,  pursuant  to  con- 

tract of  testator,  duly  proved  and  recorded 351 

699.  Deed  by  administrator,  conveying  by  order  of  court  pursuant  to  contract 

of  his  intestate 352 

700.  Deed  by  administrators,  for  purpose  of  partition  after  valuation  and  re- 

fusal by  heirs 853 

701.  Deed  of  guardian,  conveying  infants'  estate  by  leave  of  court 855 

702.  Deed  of  infant;  conveying  by  special  guardian,  by  leave  of  court 356 

70S.  Deed  by  committee  of  idiot,  lunatic  or  habitual  drunkard 857 

704.  Deed  by  trustees  or  assignees  of  an  insolvent  or  bankrupt  or  an  ab- 

sconding debtor 358 

705.  Deed  by  inaster  in  chancery 359 

706.  SheriflTs  deed  after  sale  on  execution  861 

707.  The  same ;   conveying  to  an  assignee  of  the  purchaser 861 

708.  The  same ;  to  redeeming  creditor 8fil 

709.  Deed  by  sheriff  or  referee,  on  sale  in  foreclosure 362 

710.  The  same ;  in  partition 863 

711.  Deed  by  commissioners  on  sale  in  partition 364 

712.  Deed  by  mortgagee,  on  foreclosure  by  advertisement 865 

713.  Deed  by  referee  pursuant  to  a  judicial  sale,  other  parties  in  interest 

joining  as  grantors 367 

Deeds  upon  peculiar  consideratiotis  : 

714.  Deeds  to  correct  mistakes  in  a  prior  conveyance 368 

715.  Deed  confirming  a  prior  voidable  deed 869 

716.  Short  form  of  the  same ;  by  indorsement  on  the  prior  deed 870 

717.  Release  by  a  trustee  to  the  grantee  of  liis  cestui  que  trust 870 

718.  Partition  deed 871 

719.  Deed  among  heirs,  in  confirmation  of  devises,  with  covenant  to  abide 

by  the  will 872 

720.  Deed  of  gift 874 


DEEDS.  316 

Analysis  of  the  Chapter. 


FAOlt 

721.  Deed  of  exchange 375 

Furious  descriptions  of  property  and  appurtenances: 

722.  Description  of  land  by  No.  of  lot  and  township 876 

723.  Description  by  metes  and  bounds 876 

724.  The  same  of  a  city  lot  878 

725.  Description  by  rei'erence  to  a  map 377 

726.  Description  bounding  by  rivers,  highways  and  other  boundaries 877 

727.  Description  of  water-lot 377 

728.  Description  of  unpatented  land 378 

729.  Description  of  undivided  share 378 

780.  Description  of  land  subject  to  a  mortgage,  or  of  an  equity  of  redemption  378 

731.  The  same  ;  where  the  grantee  covenants  to  pay  the  mortgage 878 

732.  Description  of  a  lot  with  a  right  of  way  and  of  making  a  drain 379 

733.  Description  of  a  lot  abutting  on  an  alley,  with  right  of  way  therein  sub- 

ject to  charges  and  covenants 379 

784.  Grant  of  easement  appurtenant  to  lot  bounding  on  an  alley  or  court 380 

735.  Premises  subject  to  easement  for  party  wall 380 

736.  Premises  subject  to  easement  for  drain   880 

787.  Description  of  water-power 880 

738.  Eeservation  of  ground  for  streets 881 

739.  Exception  and  reservation  of  mines,  with  rent  and  covenant  to  pay 

damages 881 

Deeds  creating  or  conveying  particular  estates  other  than  an  absolute  fee  : 

740.  Deed  of  a  life  estate  with  remainder  over 382 

741.  Deed  by  a  tenant  for  life 382 

742.  Assignment  of  dower 383 

743.  Release  of  dower 384 

744.  General  release  of  dower  in  consideration  of  beneficial  provisions  of 

will 884 

745.  Short  form  of  release  of  dower  by  indorsement  on  deed 885 

746.  Deed  conveying  reversion  in  fee  subject  to  outstanding  life-estate 385 

747.  Release  of  rents 386 

748.  Deed  of  surrender  of  a  term  for  life  or  years  to  the  reversioner 388 

749.  Short  form  of  a  surrender  of  lease,  to  be  indorsed  thereon 388 

760.  Deed  creating  a  joint  tenancy 888 

751.  Deed  creating  a  tenancy  in  common 389 

752.  Release  of  part  of  mortgaged  premises 389 

753.  Deed  of  right  of  way,  with  covenant  by  grantee  to  repair 890 

754.  Right  to  lay  an  aqueduct 391 

755.  Deed  of  water-power,  measured  by  capacity  of  flume 891 

756.  Deed  of  a  pew  by  proprietors  of  a  church 891 

757.  Deed  by  trustees  of  religious  corporation  conveying  a  pew  subject  to 

assessments  to  be  laid "  392 

758.  Deed  of  a  pew  by  one  individual  to  another ,  392 

759.  Deed  of  land  to  a  railroad  company  for  the  purposes  of  their  road 893 

760.  Trust  deed 894 

761.  Habendum  of  a  deed  in  trust  for  a  married  woman 394 

762.  Deed  conveying  in  trust  for  support  of  grantor's  parents,  with  power  of 

appointment  to  them,  and  a  reservation  of  rents  for  payment  of  en- 
cumbrances      .  395 


316  ABBOTTS'  FORMS. 


Deeds  for  Alabama ; — Arkansas ; — California. 


Forms  sanctioned  by  thk  Statutes  ok  Pbactioe  of  partioulak  States, 
AND  Directions  for  Execution. 

Alabama 

[Conveyances  of  land  must  be  "  signed  at  their  foot  by  the  contracting  party 
or  his  agent  having  a  written  authority  ;  or  if  he  is  not  able  to  sign  his  name, 
then  his  name  must  be  written  for  him,  with  the  words  '  his  mark'  written 
against  the  same,  or  over  it.  The  execution  of  said  instrument  must  be  at- 
tested by  one,  or,  where  the  party  is  a  married  woman,  or  cannot  write,  by  two 
witnesses,  who  are  able  to  write  their  names  as  witnesses."(/)  In  any  case,  if 
the  deed  is  to  be  proved,  two  witnesses  are  necessary/^)  JBut  in  all  cases,  ac- 
fcnowledgment  by  the  grantor  dispenses  with  the  necessity  for  witnessing.(A) 

A  seal  is,  perhaps,  not  essential  to  a  private  deed ;  and  a  scroll  is  commonly 
ased  as  a  seal. 

All  writings  wliich  import  on  their  face  to  be  sealed  are  fo  be  taken  as  sealed 
mstruments,  and  have  the  same  effect  as  if  the  seal  of  the  party  was  alfixed.(z) 

Words  of  inheritance  are  not  necessary  to  pass  a  fee.  The  words,  "  grant, 
bargain  and  sell,"  unless  qualified,  imply  covenants  against  the  grantor's 
actB.(J) 

The  form  given  for  Virginia  (No.  666,  etc.)  may  be  used  for  this  State.] 


Arkansas. 

[Words  of  inheritance  are  not  essential  to  convey  a  fee.  The  words, 
"grant,  bargain  and  sell,"  unless  qualified,  imply  covenants  against  the 
grantor's  acts.(A;) 

Deeds  must  be  sealed ;  but  a  scroll,  or  a  durable  impression  on  the  paper,  is 
a  suflBcient  seal  for  the  purpose.(^) 

They  must  be  executed  in  the  presence  of  two  disinterested  witnesses,  or 
must  be  acknowledged  in  the  presence  of  two  such  witnesses,  who  must  then 
subscribe  as  such.] 

California. 

[Words  of  inheritance  are  not  necessary  to  convey  a  fee.  The  words, 
"grant,  bargain  and  sell,"  unless  restrained  by  express  terms  contained  in  the 
conveyance,  imply  a  covenant  against  the  grantor's  own  act8.(m) 

The  forms  given  for  New  York  are  appropriate. 

A  seal  is  no  longer  required.(n) 

Two  witnesses  were  always  enougli ;  but  if  the  deed  is  acknowledged,  wit- 
nesses are  unnecessary. 

No  mortgage,  sale  or  alienation  of  a  homestead  under  the  Homestead  Act  is 
valid  without  the  signature  of  the  wife,  and  her  acknowledgment  on  an  exami- 
nation had  apart  from  her  husband,  certified  as  in  other  cases.(c^)] 

(/)  Cb(f«  0/1852,  276,  §  1266.  (^  Pillow  «.    Roberts,    7    £ng.,    821; 

(g)  Ih.,  §  1282.  Hemps.,  624,  638. 

(A)  lb.,  §  1267.  (m)  See  note  {k),  p.  335,  infra. 

(i)  lb.,  §  1315.  (n)  McDonald  v.  Bear  River,  etc.,  Co., 

(J)  lb.,  §§  1299, 1314.    See  note  {k),  on    13  CaL,  220;  Civ.  Code,  §  1629. 

p.  335,  infra.  (o)  Fease  v,  Barbiers,  10  Gal.,  486. 

{k)  Bev.  Stat.,  188,  §§  1,  3.  See  note 
(k),  p.  335,  infra. 


DEEDS.  317 

Connecticut ; — Delaware  ; — Georgia  ; — Illiuois. 


Connecticut. 

[A  deed  must  be  "  subscribed  by  the  grantor  with  his  own  hand,  or  with 
his  mark,  with  his  name  thereunto  annexed,  and  also  attested  by  two  wit- 
nesses with  their  own  hands,  or  with  their  marks  with  their  names  thereunto 
annexed  ;  or  the  name  of  the  grantor  shall  be  subscribed  to  such  grant,  by  his 
lawful  attorney  authorized  by  a  written  power  for  that  special  purpose,  duly 
executed  and  acknowledged,"  as  prescribed  in  case  of  deeda.{p) 

Any  instrument  purporting  and  intended  to  be  a  specialty,  by  a  person  or 
corporation  not  having  an  oflBcial  or  corporate  seal,  may  be  sealed  by  the  addi- 
tion of  the  word  "  Seal"  or  the  letters  "  [l.  s.],"  or  their  equivalent ;  and  any 
official  or  corporate  seal  may  be  impressed  upon  the  paper  without  the  use  of 
other  tenacious  sub3tance.(5')i 

Delavrare. 

[If  there  are  no  express  covenants  in  a  deed,  the  words  "  grant,  bargain  and 
sell,"  if  not  restricted,  imply  a  special  warranty.(?') 

A  seal  upon  wax  is  not  necessary,  but  something  designed  to  answer  the 
purpose  of  a  seal  is  necessary.  A  seal  will  not  be  implied  from  the  words 
Witness  my  hand  and  seal.(s)    It  is  usual  to  have  two  subscribing  witnesses.] 


Georgia. 

[A  conveyance  of  land  must  be  sealed.(f) 

An  ink  scroll  is  a  sufficient  seal.(if) 

Unless  the  deed  is  witnessed  officially  within  the  State,(»)  it  must  be  exe- 
cuted in  the  presence  of  two  witnesses,  who  must  subscribe  as  such.  If  not 
actually  delivered  in  their  presence,  it  must  be  declared  by  the  grantor  in 
their  presence  to  be  delivered  as  his  deed.(w)] 


Illinois. 

[Words  of  inheritance  are  not  necessary  to  convey  the  fee.  The  words 
"grant,  bargain  and  sell,"  unless  qualified,  imply  a  covenant  against  the 
grantor's  own  acts.(a;)  A  subsequent  express  covenant  will  not  of  itself  restrict 
the  operation  of  such  implied  covenant.(y) 

A  scrawl  is  a  sufficient  seal.(z)  Two  witnesses  are  usual ;  but  an  acknow- 
ledgment by  the  grantor  dispenses  with  the  necessity  of  witnesses.] 

643.   Deed  Conveying  With  Covenants, 

This  indentueb,  made  and  entered  into  this  day  of  ,  in  the 

year  of  our  Lord  one  thousand  eight  hundred  and  ,  by  and  between 

A.  B.,  of  the  county  of  ,  and  State  of  ,  the  party  of  the  first 

part,  and  Y.  Z.,  of  the  county  of  ,  and  State  of  ,  the  party  of 

(p)  Stats. :  Gomp.  o/l854,  631,  §  8.  (v)  See  Dinkins  v.  Moore,  17  Geo.,  62. 

{q)  Act  of  1851,  Stats. :  Comp.  of  1854,  {iV)  Kushin  v.  Shields,  11  Geo..,  636. 

633,  §  2.  ix)  S.  T.  &  B.,  Stat.,  961. 

(?•)  See  note  (i),  infra  p.  335.  (y)  iJ.,  291.     See  tiie  statute  stated  in 

'«)  Armstrong  v.  Pearce,  5  Haw.,  351.  note  {k),  p.  335,  infra, 

(t)  Reiuhart  v.  Miller,  22  Geo.,  402.  (z)  Hawk  v.  McCfllough,  21  JU.,  320. 
(v)  Williams  v.  Greer,  12  Geo.,  459 


318  ABBOTTS'  FORMS. 


Deeds  for  IHinoia ; — for  Indiana. 


the  second  part,  witnesseth  :  That  the  said  party  of  the  first  part,  for  and 
in  consideration  of  the  sum  of  dollars  to  him  in  hand  paid  by  the 

said  party  of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged, 
has  granted,  bargained,  sold,  aliened,  released,  conveyed  and  confirmed, 
and  by  these  presents  does  grant,  bargain,  sell,  alien,  release,  convey  and 
confirm  unto  the  said  party  of  the  second  part,  his  heirs  and  assigns,  the 
following  described  real  estate,  situate,  lying  and  being  in  the  county  of 
,  and  State  of  ,  known  and  designated  as  follows — to  wit  [here 

insert  description].  To  have  and  to  hold  said  land  and  premises,  with  all 
the  appurtenances  thereto  belonging,  or  in  any  wise  appertaining,  unto  the 
said  party  of  the  second  part,  his  heirs  and  assigns,  forever.  And  the  said 
PAUTY  of  the  first  part,  for  himself  and  his  heirs,  does  covenant  to  and  with 
the  said  party  of  the  second  part,  his  heirs  and  assigns,  that  he  is  lawfully 
seized  of  the  premises  aforesaid,  that  the  same  are  free  from  all  encum- 
brances whatever ;  that  he  will  warrant  and  defend  the  said  premises,  with 
the  appurtenances,  unto  the  said  party  of  the  second  part,  his  heirs  and 
assigns,  against  the  lawful  claims  of  him  and  his  heirs,  executors  and  ad- 
ministrators, or  any  other  person  or  persons  claiming  or  to  claim  title  to 
the  same  or  any  part  thereof. 

In  testimony  whereof,  the  said  A.  B.,  the  party  of  the  first  part,  has 
hereunto  set  his  hand  and  seal,  on  the  day  and  date  first  above  written. 

[If  not  acknowledged,  add  here:] 

Signed,  sealed  and  delivered  )  [Signature  and  seal/ 

in  presence  of,  ) 

[Signature  of  witnesses.] 

Indiana. 

[The  use  of  private  seals  is  abolished.  One  subscribing  witness  is  necessary, 
unless  the  deed  is  acknowledged  by  the  grantor. 

Words  of  inheritance  are  not  necessary  to  convey  a  fee.  It  is  enough,  if  the 
intent  to  do  so  is  made  clear.]  (a) 

644.  Deed  Conveying  Without  Ccvenants.(b) 

A.  B.  quit-claims  to  Y.  Z.  [here  describe  the  premises],  for  the  sum  of 
[here  insert  the  consideration]. 
Dated  at  ,  the         day  of  ,  18    . 

[One  witness^  unless  achnowledged.]  '       [Signature.'] 

645.   Warranty-Deed,  (c) 

A.  B.  conveys  and  warrants  to  0.  D.  [h^re  describe  the  premises],  for  the 
sum  of  [here  insert  the  consideration]. 
Dated  at  ,  the         day  of  ,  18    . 

[One  witness,  unless  acknowledged.]  [Signature.] 

(a)  1  S.  6'.,  234,  §  14;  Wickershaui  v.  statute  to  be  a  good  and sufl5cient  convey' 
Bills,  8  Jnd.,  S87.  ance. 

(b)  A  conveyance  in  substance  as  above,  (c)  A  conveyance  in  substance  as  above, 
ind  duly  acknowledged,  is  declared   by  and  duly  acknowledged,  is  declared  by 


DEEDS.  819 

Iowa. 

646.  Another  Form. 

Tni8  INDENTURE  wiTNESSETn :  That  A.  B.,  of  County,  in  the  State 

of  ,  conveys  and  warrants  to  Y.  Z.,  of  County,  in  the  State 

of  ,  for  the  sum  of  ,  the  following  real  estate  in  County, 

in  the  State  of  — to  wit :  [here  insert  description.] 

.    In  witness  wheeeof,  the  said  A.  B.  has  hereunto  set  his  hand  and  seal, 
the  day  of  18     .  [Signature  and  seal.] 

[If  not  aclcnowledged,  add  here:] 

Signed,  sealed,  and  delivered ) 
in  presence  of  J 

[Signatures  of  witnesses^ 


low^a. 

[Words  of  inheritance  are  not  necessary  to  pass  a  fee.  The  use  of  private 
seals  (corporate  seals  excepted)  is  abolished.  ((?)  No  witnesses  are  necessary  if 
the  deed  is  acknowledged.] 


647.   Quit- Claim  Deed.{e) 

For  the  consideration  of  dollars,  I  hereby  quit-claim  to  A.  B.,  all 

ray  interest  in  the  following  tract  of  land  [describe  it]. 

In  witness  whereof,  I  have  hereto  set  my  hand,  this        day  of 

In  presence  of  [Signature.] 

[Signature  of  witness.] 

648.  Deed  in  Fee-Simple^  Without  Warranty. 

For  the  consideration  of  dollars,  I  hereby  convey  to  C.  D.  the  fol- 

lowing tract  of  land  [describing  it]. 

In  witness  [etc.,  as  in  last  form  to  the  end]. 

649.  Deed  in  Fee  Simple,  With  Wa/rranty. 

[As  in  the  preceding  form,  inserting :]  and  I  warrant  the  title  agmnst 
all  persons  whatsoever. 

650.  Ajwther  Form  ;   Warranty  Deed  With  Covenants, 
Know  aij.  men  by  these  presents,  that  A.  B.,  of  County,  State  of 

statute  to  have  the  eifect  of  a  conveyance  from  all  encumbrances,  and  that  he  will 

in  fee-simple  to  the  grantee,  his  heirs  and  warrant  and  defend  the  title  to  the  same 

assigns,  with  covenant  from  the  grantor  against  all  lawful  claims. 

for  himself  and  his  heirs  and   personal  {d)  <7(3a!e  o/"  1S51,  974,  §  26;  Pi8rson  t». 

representatives,  that  he  is  lawfully  seized  Armstrong,  1  Clarke  {Iowa),  282. 

of  the  premises,  has  good  right  to  convey  (e)  This  form  and  the  two  following  are 

the  same,  and  guaranties  the  quiet  pos-  declared  sufficient   by   statute.     Code   oj 

Bession  thereof;  that  the  same  are  free  1852, 195,  §  1232. 


320  ABBOTTS'  FORMS. 


Deeds  for  Iowa ; — Kunsus ; — Kentucky. 


[and  0.  B.,  his  wife],(^)  in  consideration  of  the  sum  of  dol- 

lars, in  hand  paid  by  Y.  Z.,  of  County,  State  of  ,  the  receipt 

whereof  is  hereby  acknowledged,  does,  by  these  presents,  grant,  bargain, 
sell  and  convey(/)  unto  the  said  Y.  Z.,  his  heirs  and  assigns,  forever,  the  fol- 
lowing described  premises,  situate  in  the  county  of  ,  State  of 
— to  wit ;  [here  insert  descriptioni  •  to  haye  and  to  hold  the  said  premises, 
together  with  the  appurtenances  and  improvements  unto  the  said  Y.  Z.,  his 
heirs  and  assigns,  forever :  And  the  said  A.  B.,  grantor  herein,  does  hereby 
covenant  with  the  grantee,  his  heirs  and  assigns,  that  he  is  lawfully  seized 
of  said  premises ;  that  the  said  premises  are  free  from  every  encumbrance; 
that  he  has  good  right  and  lawful  authority  to  sell  the  same  ;  and  he  hereby 
covenants  to  warrant  and  defend  the  said  premises  against  the  lawful  claims 
of  all  persons  whomsoever. 

[And  the  said  0.  B.,  wife  of  the  said  A.  B.,  hereby  relinquishes  her  right 
of  dower,  in  and  to  the  above  described  premises.] (^) 

Ix  WITNESS  WHEREOF,  A.  B.  [and  0.  B.],  the  said  grantor  ,  here- 

unto set  hand    and  seal    ,  this        day  of  ,  a.  d.  1 8    . 

[Jf  not  acknowledged,  add  here :]  [Signature.](h) 

In  presence  of 
[Signatures  of  witnesses.'] 

651.  Deed  of  Trust.(i) 

For  the  purpose  of  securing  to  A.  B.  the  sum  of  dollars,  with  in- 

terest from  date  at  the  rate  of  per  cent,  per  annum  [or  otherwise^  as 

the  case  may  &c],  I  hereby  convey  to  C.  D.  [describe  the  property];  and  if  the 
sum  so  secured  to  A.  B.  is  not  paid  to  him  by  [stating  the  time  of  payment], 
I  hereby  authorize  the  said  C.  D.  to  sell  the  property  herein  conveyed  [stating 
the  manner,  place  of  sale,  notice  to  he  given,  etc.],{j)  to  execute  a  deed  to  the 
purchaser,  to  pay  off  the  amount  herein  secured,  with  interest  and  costs, 
and  to  hold  the  remainder  subject  to  my  order. 

In  witness  {etc.,  as  inform  dbote\. 

Kansas. 

[Words  of  inheritance  are  not  necessary  to  convey  a  fee. 
The  use  of  private  seals  is  abolished.     Subscribing  witnesses  are  necessary 
only  when  the  deed  is  not  acknowledged  by  the  grantor.] 


Kentucky. 

[Words  of  inheritance  are  essential  to  a  conveyance  of  the  fee. 
The  use  of  private  seals  is  abolished.     Two  witnesses  are  necessary,  unless 
the  deed  is  acknowledged  by  the  grantor.] 

(/)  The  words  "give  and  grant"  in  the        (h)  A  deed  by  a  private  individual,  of 

presenf  or  past  tense  are  sufficient,  cspe-  lands  in  Iowa,  does  not  require  a  seal, 
cially  where  the  habendum  contains  words        (i)  This  form  is  given  by  the  statute, 

of  inheritance.     Picrson  v.  Armstrong,  1  Code  of  Iowa,  §  1232. 
Clarke  (Iowa),  282.  (j)  See  forms  of  Chattel  MoBTOAeEs. 

{ff)  Omit  these  clauses,  unless  a  wiie  joins. 


DEEDS.  321 

For  Kentucky  ; — Louisiana. 

652.  Deed  With  Covenants. 

Know  all  men,  that  A.  B.,  in  consideration  of  dollars,  to  him  paid 

by  Y.  Z.,  the  receipt  whereof  is  herehy  acknowledged,  does  hereby  bargain, 
sell  and  convey  to  the  said  Y.  Z.,  his  heirs  and  assigns,  forever,  the  following 
real  estate — to  wit:  \here  insert  description^  togetlier  with  all  the  privileges 
and  appurtenances  to  the  same  belonging  ;  to  have  and  to  hold  the  same 
to  the  said  heirs  and  assigns  forever  :  The  grantor,  his  heirs,  execu- 

tors and  administrators  hereby  covenanting  with  the  grantee,  his  heirs  and 
assigns,  that  the  title  so  conveyed  is  clear,  free  and  unencumbered,  and  that 
he  and  they  will  warrant  and  defend  the  same  against  all  claims  whatso- 
ever. 

In  witness  whereof,  the  said  A.  B.  hereunto  set  his  hand,  this  day 

of  ,  in  the  year  18     .  \Signature.'\(k) 

Signed,  sealed  and  delivered  (Z)  \ 
id  presence  of  ) 

[^Signatures  of  witnesses.] 

Louisiana. 

[For  an  explanation  of  the  modes  of  conveying  in  Louisiana,  see  the  chapter 
of  Acknowledgment  and  Pkoof  op  Deeds.} 

653.   Conveyance  With  Warranty,  and  Purchase-Money  Mortgage.(jn) 

State  of  Louisiana,  city  of  New  Orleans  : 

Be  it  KNOWN',  that  this  day,  before  me,  M.  N.,  a  notary  public  in  and  for 
the  city  and  parish  of  ,  State  of  Louisiana,  aforesaid,  duly  commis- 

sioned and  sworn,  personally  came  and  appeared  A.  B.,  of  this  city,  unmar- 
ried, who  declared  that  for  the  consideration  hereinafter  expressed,  he  does, 
by  these  presents,  grant,  bargain,  sell,  convey,  transfer,  assign  and  set  over, 
with  all  legal  warranties,  unto  Y.  Z.,  of  this  city,  here  present,  accepting 
and  purchasing  for  himself,  his  heirs  and  assigns,  and  acknowledging  do- 
livery  and  possession  thereof  [here  insert  description],  being  the  same  prop- 
erty which  was  purchased  by  the  present  vendor,  at  the  public  sale  mado' 
by  the  sheriff  of  this  parish,  on  the         day  of  last,  by  virtue  of  a 

writ  of  fieri  facias,  issued  by  the  court  of  ,  at  the  suit  of  A.  B.  and 

0.  D. ;  and  in  execution  of  the  aforesaid  adjudication,  the  said  sheriff  de- 
livered an  act  of  sale,  which  was  duly  recorded  in  the  clerk's  office  of  said 
Court,  in  Deed  Book  ,  page  ,  and  in  the  office  of  the  Register 
of  Conveyances  of  this  city,  in  book      ,  folios 

To  HAVE  and  to  hold  the  said  lot  of  ground  and  buUdings  unto  the  said 
purchaser,  liis  heirs  and  assigns,  to  their  proper  use  and  behoof  forever. 

And  the  said  vendor,  for  himself  and  his  heirs,  the  said  property  to  the 
said  purchaser,  his  heirs  and  assigns,  shall  and  will  warrant  and  forever  de- 

{k)  A  deed  by  a  private  individual,  of  (wi)  This  precedent  is  from  Tfiornton 
lands  in  Keiitucliy,  need  not  be  under  seal,    on  Conveyancing,  p.  247. 

{I)  Witnesses  are  not  necessary  if  the 
deed  is  acknowlodged. 

21 


322  ABBOTTS'  FORMS. 


Conveyance  for  Louisiana  ; — Maine  ; — Maryland. 


fend  against  the  lawful  claims  of  all  persons  whomsoever  by  these  presents. 
And  the  vendor  does,  moreover,  subrogate  the  said  purchaser  to  all  the  rights 
and  actions  of  warranty  which  he  now  has  or  may  have  against  his  own 
vendor,  or  against  the  vendors  of  his  vendor,  fully  authorizing  the  said  pur- 
chaser to  exercise  the  said  rights  and  actions  in  the  same  manner  as  he 
himself  might  or  could  have  done.  This  sale  is  made  and  accepted  for  and 
in  consideration  of  the  sum  of  dollars,  in  part  payment  and  deduction, 

whereof  the  said  vendor  acknowledges  to  have  received  from  the  said  pur- 
chaser the  sum  of  dollars,  in  ready,  current  money,  delivered  in  the 
presence  of  the  undersigned  notary  and  witnesses,  for  which  a  full  acquit- 
tance is  hereby  granted ;  and  for  the  balance  of  the  said  price — say 
dollars — the  said  Y.  Z.  has  furnished  three  several  promissory  notes  for  the 
sum  of  dollars  each,  subscribed  by  himself,  to  his  own  order,  and  by 
himself  indorsed,  dated  this  day,  payable,  respectively,  in  one,  two  and 
three  years  from  date,  with  interest  at  the  rate  of  per  cent,  per 
annum,  from  date  till  paid ;  which  said  notes,  after  having  been  marked 
ne  varieatur,  and  countersigned  by  me,  notary,  for  the  purpose  of  identifi- 
cation, with  these  presents,  were  handed  over  to,  accepted  by  the  said  A. 
B.,  who  hereby  acknowledges  the  receipt  thereof.  Now,  thekefoee,  in 
order  to  secure  the  full  and  punctual  payment  of  said  notes,  without  the 
privilege  of  renewal  or  extension  at  maturity,  together  with  the  interest 
thereon,  the  said  purchaser  does,  by  these  presents,  specially  mortgage  and 
hypothecate  the  premises  herein  conveyed  in  favor  of  said  vendor,  and  of 
whomsoever  may  be  the  lawful  holder  of  said  notes ;  binding  himself  by 
these  presents  not  to  sell,  mortgage  or  in  any  manner  alienate  the  said 
premises  to  the  prejudice  of  this  mortgage.  By  referexoe  to  tlie  annexed 
certificates  of  the  recorder  of  mortgages  and  register  of  conveyances  for 
this  city,  dated  this  day,  it  appears  that  there  is  no  mortgage  recorded  in 
the  name  of  said  A.  B.,  on  the  property  hereinabove  conveyed,  and  that  the 
same  has  not  been  alienated  by  the  vendor.  By  reference  to  the  sheriff's 
sale  aforesaid,  it  appears  that  the  said  sheriff  has  retained  an  amount  suffi- 
cient to  pay  the  State  and  city  taxes,  as  well  as  the  paving  in  front  of  said 
property. 

This  done  and  passed  in  my  office,  in  the  city  of  New  Orleans,  aforesaid, 
in  the  presence  of  O.  P.  and  Q.  R.,  witnesses,  of  lawful  age  and  domiciliated 
in  this  city,  who  hereunto  sign  their  names,  together  with  the  said  parties, 
and  me,  the  said  notary,  on  this        day  of  ,  in  the  year  one  thousand 

eight  hundred  and 

[Signatures  of  the  parties  and  the  witnesses,  and 

[Official  seal.]  of  the  notary,  with  his  title.] 

Maine. 

[The  forms  ^ven  for  Maasachusetts  are  appropriate  also  for  Maine. 
The  seal  must  be  in  wafer  or  wax.    There  should  be  a  subscribing  witneaa, 
and  it  is  the  usual  practice  to  have  two.] 


Maryland. 
[A  scroll  is  a  sufficient  seal. 


DEEDS.  323 

For  Massachusetts. 


K  a  deed  conveys  personal  as  well  as  real  estate,  it  must  be  verified  by  affi- 
davit— see  Form  70— in  order  to  make  it  effectual  as  to  the  personalty.]  («) 

Massachusetts. 

[Deeds  of  land  shovdd  be  under  8eal,(»)  and  the  seal  should  be  in  wafer  or  wax. 
There  should  be  a  subscribing  witness,  and  it  is  the  practice  to  have  two.] 


654.  Common  Form  of  Warranty-Deed. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  county 

of  ,  merchant,  in  consideration  of  dollars,  to  me  paid  by  Y. 

Z.,  of  ,  the  receipt  whereof  I  do  hereby  acknowledge,  do,  by  these 

presents,  give,  grant,  bargain,  sell  and  convey  unto  the  said  Y.  Z.,  his  heirs 
and  assigns,  aU  that  certain  parcel  of  land  situate  in  ,  in  the  county 

of  ,  bounded  and  described  as  follows:   [describing  it\  together 

with  all  the  privileges  and  appurtenances  to  the  said  land  in  any  wise  apper- 
taining and  belonging :  To  have  and  to  hold  the  above-granted  premises  to 
the  said  Y.  Z.,  his  heirs  and  assigns,  to  his  and  their  use  and  behoof  for- 
ever. And  I,  the  said  A.  B.,  for  myself,  my  heirs,  executors  and  adminis- 
trators, do  covenant  with  the  said  Y.  Z.,  his  heirs  and  assigns,  that  I  am 
lawfully  seized  in  fee  of  the  aforegranted  premises ;  that  they  are  free  from 
all  encumbrances ;  that  1  have  good  right  to  sell  and  convey  the  same  to 
the  said  Y.  Z.,  as  aforesaid ;  and  that  I  will,  and  my  heirs,  executors  and 
administrators  shall,  warrant  and  defend  the  same  to  the  said  Y.  Z.  and 
his  heirs  and  assigns  forever,  against  the  lawful  demands  of  all  persons.* 

In  testimony  whereof,  I,  the  said  A.  B.,  have  hereunto  set  my  hand  and 
seal,  this        day  of  ,  a,  d.  18    . 

Signed,  sealed  and  delivered  {  [Signature  and  seaLI 

in  presence  of  us,  J 

[Signatures  of  witnesses.] 

655.  27ie  Same;  With  Release  of  Dower,  etc.,  by  Wife.{p) 
[As  in  preceding  form  to  the*,  concluding  thus:] 

In  testimony  wheeeof,  I,  the  said  A.  B.,  and  C,  the  wife  of  said  A,  B., 
in  token  of  her  release  of  all  rights  of  dower  and  homestead  exemption  in  the 
premises,  have  hereunto  set  our  hands  and  seals,  this      day  of      ,a.  d.  18    . 
Signed,  sealed  and  delivered)  [Signatures  and  seals.] 

in  presence  of  us,  ) 

[Signatures  of  witnesses.] 

(n)  Stochett  v.  Halliday,  9  Md.,  4S0.  which  she  releases  her  dower.     But  the 

(o)  Stewart  v.  Clark,  13  Mete,  79.  usual  mode  is  as  above.     This  form  is  sus- 

(p)  To  render  the  transfer  of  an  estate  tained  by  Stearns  v.  Swift,  8  Pick.,  532. 

effectual  and  complete,  it  is  not  necessary  But  merely  being  named,  and  joining  in 

that  tlie  sale  by  the  husband  and  the  re-  the  execution   without  the   insertion  of 

linquishment  of  dower  by  the  wife  be  by  words  of  grant  or  release  by  the  wife,  is 

the  same  instrument.     She  may  subse-  nugatory.      Lufkin  v.  Curtis,  18  Mats.,, 

quently  release  by  a  separate  instrument,  223. 
rec\*jng  the  sale  as  a  consideration  upon 


324  ABBOTTS'  FORMS. 


Deeds  for  Massachusetts ; — Michigan. 


656.  Quit- Claim  and  Release. {q) 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  merchant,  in 

consideration  of  the  sum  of  dollars,  to  me  paid  by  Y.  Z.,  of  , 

farmer,  the  receipt  whereoLI  do  hereby  acknowledge,  do  remise,  release 
and  forever  quit-claim  unto  the  said  Y.  Z.,  his  heirs  and  assigns,  all  that 
parcel  of  land  now  in  the  seizin  and  i)Ossession  of  the  said  Y.  Z,,  situate  in 
,  in  the  county  of  ,  and  bounded  and  described  as  follows : 

[describing  if].  To  have  and  to  hold  the  aforesaid  premises,  with  all  the 
pridleges  and  appurtenances,  to  the  said  messuage  belonging  or  apper- 
taining, unto  the  said  Y.  Z.,  his  heirs  and  assigns,  to  his  and  their  sole  use 
forever ;  so  that  neither  I,  the  said  A.  B.,  nor  my  heirs,  nor  any  person  or 
persons  claiming  under  me  or  them,  shall,  at  any  time  hereafter,  by  any 
way  or  means,  have,  claim  or  demand  any  right  or  title  to  the  aforesaid 
premises  or  appurtenances,  or  to  any  part  or  parcel  thereof  forever. 

In  testtmont  [etc.^  as  in  either  preceding  forms], 

657.  Deed  hy  Husband  and  Wife,  Conveying  Wife's  Tjind.ir) 

Know  all  men  by  these  presents,  that  we,  A.  B.,  of  ,  farmer, 

and  C.  B.,  wife  of  said  A.  B.,  in  her  own  right,  in  consideration  of 
dollars,  to  us  paid  by  Y.  Z.,  of  ,  merchant,  the  receipt  whereof  we 

do  hereby  acknowledge,  do,  by  these  presents,  give,  grant,  bargain,  sell  and 
convey  unto  the  said  Y.  Z.,  his  heirs  and  assigns,  all  that  certain  parcel  of 
land,  situate  in  ,  in  the  county  of  ,  bounded  and  described 

as  follows:  SJiere  describe  it]^  together  with  all  the  privileges  and  appurte- 
nances to  the  said  land  in  any  wise  appertaining  and  belonging ;  and  all  the 
right,  title  and  interest  which  we  have,  or  either  of  us  hath,  in  or  to  the 
same,  or  any  part  or  parcel  thereof.  To  have  and  to  hold  the  above  de- 
scribed real  estate  with  the  appurtenances  to  the  said  Y.  Z.,  his  heirs  and 
assigns,  to  his  and  their  use  and  behoof  forever.  And  I,  the  said  A.  B.,  for 
myself,  my  heirs,  executors  and  administrators,  do  covenant  with  the  said 
Y.  Z.,  his  heirs  and  assigns,  that  I,  the  said  A.  B.,  and  C,  the  said  wife,(«) 
fei  her  right,  are  lawfully  seized  in  fee  of  the  above  conveyed  real  estate ;  that 
the  same  is  free  from  all  encumbrances;  and  that  I,  said  A.  B.,  my  heirs, 
executors  and  administrators,  shall  and  will  warrant  and  defend  the  same 
to  the  said  Y.  Z.,  his  heirs  and  assigns,  against  the  lawful  claims  and  de- 
mands of  all  persons. 

In  testimony  whebeof,  we,  the  said  A.  B.  and  0.  D.  have  [etc.,  as  in 
Form  654]. 

Michigan. 

[A  scroll  or  device  is  a  sufficient  seal,  except  in  cases  for  which  official  seali 

(q)  This  suffices  to  pass  all  the  grantor'B  («)  It  is  a  very  common  practice  to 

estate.                                                          ■  phrase  the  covenants  as  if  made  by  the 

(r)  It  is  essential  that  the  husband  join,  wife  as  well  as  the  husband ;  but  they  can- 

unless  he  has  abandoned  his  wife  or  has  not  bind  her.     Colcord  v.  Swan,  7  Mass., 

been  sentenced  to  State  prison.    Fowler  291.    Otherwise  in  a  deed  of  her  separate 

«.  Shearer,  7  Mass.,  14,  estate.    Basford  v.  Pearson,  7  Allen,  504. 


DEEDS.  325 

Minnesota ; — Mississippi ; — Missouri. 

are  provided.  There  should  be  two  subscribing  witnesses.  But  deeds  executed 
without  the  State  may  be  executed  according  to  the  laws  of  the  place  of 
execution.] 

Minnesota. 
[The  law  is  the  same  as  that  for  Wisconsin,  stated  below.(f)] 

Mississippi. 

[A  deed  of  quit-claim  or  release  suffices  to  convey  all  the  estate  of  the 
grantor.(M) 

A  scroll  or  printed  impression,  intended  as  a  seal,  is  sufficient.(»)  There 
should  be  two  witnesses,(w)  unless  the  deed  is  acknowledged.] 

Missouri. 

[The  words  "  grant,  bargain,  and  sell"  imply  covenants.(a!) 
"Every  conveyance  in  fee  or  of  a  freehold  estate  shall  be  subscribed  and 
sealed  by  the  person  from  whom  the  estate  or  interest  conveyed  is  intended  to 
pass,  or  his  lawful  agent."(y)  , 

Merely  affixing  a  scrawl  to  the  signature  is  not  a  sufficient  seal.  '  To  make 
a  scrawl  suffice,  there  must  be  something  in  the  body  of  the  instrument  show- 
ing that  the  maker  intended  it  as  a  sealed  instrument.  The  words  "this 
indenture"  are  not  enough  for  this  purpo8e.(2)] 

658.  Deed  With  General  Warranty. (a) 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  [or,  we,  A.  B., 

of  ,  and  0.  B.  his  wife],  have  this  day,  for  aod  in  consideration  of  the 

sum  of  dollars  to  the  said  A.  B.,  in  liand-paid  by  Y.  Z.,  of  ,* 

granted,  bargained  and  sold,  (6)  and  by  these  presents  do  grant,  bargain 
and  sell(5)  to  the  said  Y.  Z.,  the  following  described  tracts  or  parcels  of 
land  situate  in  the  county  of  ,  in  the  State  of  Missouri — that  is  to 

say  [here  describe  the  lands  sold] :  To  have  and  to  hold  the  premises 
hereby  conveyed,  with  all  the  rights,  privileges  and  appurtenances  thereto 
belonging,  or  in  any  wise  appertaining,  unto  the  said  Y.  Z.,  his  heirs  and 
assigns,  forever :  I,  the  said  A.  B.,  hereby  covenanting  to  and  with  the  said 
Y.  Z.,  his  heirs  and  assigns,  for  myself,  my  heirs,  executors  and  adminis- 
trators, to  warrant  and  defend  the  title  to  the  premises  hereby  conveyed, 
against  the  claim  of  every  person  whatsoever,  t 


( t )   Fiib.    Stat.    ( 1858 ),   397-8,    §§   1,  (w)  Formerly  one  was  sufficient.  Shirley 

10,  11.  V.  Fearue,  33  Miss.  {Geo.),  653. 

(«)   Butch.  Big.,  610,  §  28.      Kerr  v.  (a)  See  note  {k),  p.  835,  infra. 

Freeman,  33  Miss.  {Geo.},  2^2;  Fairley  v.  (y)  1  Rev.  Stat.  (1870),  273,  §  7. 

Fairlcy,  34  lb.,  18.               '  (z)  Walker  v.  Keile,  8  Mo.,  448. 

(w)  Jiev.  Code  (1857),  355,  Art.  1.     The  (a)  This  form  and  the  two  following  are 

intent  may  appear  from  the  device  itself  from  2  Jiev.  Stat.  (1855),  1643,  No.  99. 

alone,  as  well  as  from  words  in  the  instru-  (b)  If  covenants  are  not  intended,  the 

ment.     Whittington  ■».  Clark,  8  S.  &  M.,  deed   should  be   so  expressed  as  to  re- 

480;  McGuire  v  McCraven.  9  lb.,  34.  strict  the  statutory  force  of  these  words. 


326  ABBOTTS'  FORMS. 

Deeds  for  New  Hampshire ; — New  Jersey. 

In  "WITNESS  WHEEEOF,  I  [or,  we]  have  hereto  suhscribed  my  name  and 
affixed  my  seal  [or,  our  names  and  affixed  our  seals]  this        day  of  , 

18    . 
Signed,  sealed  and  delivered)  [Signature  and  seal.] 

in  presence  of  ) 

\  Signatures  0/  witnesses.] 

659.  Deed  With  Special  Warranty. 

[As  in  preceding  form,  inserting  at  the  t  these  words:]  claiming  by, 
through  or  under  tiie  said  A.  B. 

660.  Quit- Claim  Deed. 

[As  in  Form  658  to  the  *,  thence  concluding  thus :]  do  remise,  release 
and  forever  quit-claim  unto  the  said  Y.  Z.,  and  to  his  heirs  and  assigns,  the 
following  described  tracts  or  parcels  of  land  situate  in  the  county  of  .  , 
and  State  of  Missouri — that  is  to  say  [here  describe  the  lands  released]. 

Its  witness  [etc.,  as  in  Form  658]. 

"New  Haxapahire. 

[A  seal  is  necessary,  and  it  must  be  an  impression  on  wax  or  wafer.    Two 
subscribing  witnesses  are  required. 
The  forms  given  for  Massachusetts  are  appropriate.] 


New  Jersey. 

[Words  of  inheritance  are  deemed  necessary  to  convey  a  fee. 
The  seal  should  be  an  impression  on  wax  or  wafer.    One  witness  is  required 
by  the  settled  practice.] 


661.  Deed  Conveying  With  General  Warranty. 

This  indentuee,  made  the         day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  merchant,  of  the  first  part,  and  Y.  Z.,  of  ,  in  the 

said  county,  farmer,  of  the  second  part,  witnesseth,  that  the  said  A.  B., 
for  the  consideration  of  '  dollars,  the  receipt  whereof  is  hereby  ac- 

knowledged, have  and  by  these  presents  do  grant,  bargaiti,  sell  and  convey 
unto  the  said  Y.  Z.,  and  to  his  heirs  and  assigns,  all  that  [here  insert  descrip- 
tion of  premises],  together  with  the  rights,  members,  privileges  and  appur- 
tenances, and  the  reversions  and  remainders,  rents,  issues  and  profits 
thereof:  To  have  and  to  hold  unto  the  said  Y.  Z.,  his  heirs  and  assigns, 
to  his  and  their  only  use,  benefit  and  behoof  forever. 

And  the  said  A.  B.  doth  for  himself,  his  heirs,  executors  and  adminis- 
trators, covenant  with  the  said  Y.  Z.,  his  heirs  and  assigns,  that  *  at  the 
sealing  and  delivery  hereof,  he  is  the  owner  in  fee-simple  of  the  s£ud 
premises  hereby  granted  or  intended  so  to  be,  and  that  the  same  are  free 


DEEDS.  327 

New  Jersey ; — New  York ; — Ohio. 

and  clear  of  all  charges  and  encumbrances  whatsoever ;  and  that  he  and 
they,  the  said  premises  unto  him,  the  said  Y.  Z.,  his  heirs  and  assigns, 
against  all  persons  lawfully  claiming  or  to  claim  the  same,  shall  and  will 
warrant  and  forever  defend. 

In  witness  whereof,  the  party  [or,  parties]  hereto  of  the  first  part  haa 
[or,  have]  hereunto  set  his  hand  and  seal  [or,  their  hands  and  seals],  the 
day  and  year  first  above  written. 

(Signed,  sealed  and  delivered  )  [Signatures  and  seals.] 

in  the  presence  of  ) 

[Signature  of  witness.] 

662.  Deed  Conteying  With  Special  Warranty. 

[As  in  preceding  form  to  the  *  continuing  thus:]  he,  the  said  A.  B.,  haa 
not  done,  or  suffered  to  be  done,  any  thing  whereby  the  said  premises 
hereby  granted  or  intended  so  to  be,  are  or  may  be  in.  any  manner  encum- 
bered or  charged ;  and  that  he  and  they,  the  said  premises  unto  him  the 
said  Y.  Z.,  his  heirs  and  assigns,  against  all  persons  lawfully  claiming  or  to 
claim  the  same,  by,  through  or  under  them  the  said  A.  B.,  and  0.  B.  his 
wife,  or  either  of  them,  shall  and  will  warrant  and  forever  defend. 

In  witness  [etc.,  as  in  preceding  form]. 

Ne'w  York. 

[Words  of  inheritance  are  not  necessary  to  convey  a  fee.  No  covenants  can 
be  implied  in  a  conveyance  of  land.  The  usual  form  of  conveyance  is  the  in- 
denture. The  forms  from  No.  672  to  762  are  appropriate.  A  seal  is  necessary, 
and  a  scroll  is  not  sufficient.  Wax,  or,  more  commonly,  a  bit  of  paper  gummed 
or  wafered  to  the  instrument,  with  sufficient  force  to  leave  the  traces  of  an 
impression,  is  used.  One  subscribing  witness  is  necessary  to  a  grant  of  lands, 
unless  tlie  instrument  is  acknowledged  by  the  grantor. 

The  statute  requires  the  witness  to  attest  the  delivery  as  well  as  the  execu- 
tion ;  but  this  requirement  is  satisfied  by  an  execution  in  the  presence  of  the 
grantee,  without  any  thing  to  qualify  the  presumption  of  an  intent  of  delivery ; 
or  even  by  an  execution  in  the  absence  of  the  grantee,  if  the  grantor  declares 
the  deed  to  be  delivered  as  his  act.(c)  The  witness  should  be  present  at  the 
time  of  execution,  or  should  be  called  in,  and  have  the  signature  acknowledged 
to  him  immediately  after  the  execution.(d) 

Married  women  conveying  their  separate  estate  acquired  since  the  act  of  1848, 
and  married  women  residing  without  the  State,  and  joining  with  their  hus- 
bands in  a  deed,  may  convey  as  if  sole.] 


Ohio. 

[Words  of  inheritance  are  necessary  to  convey  a  fee. 

A  seal  is  necessary,  but  a  scroll  with  the  pen  is  sufficient  as  a  private  seal. 
The  signing  and  sealing  must  be  acknowledged  by  the  grantor  in  the  presence 

(c)  4  Kenfs  Com.,  456,  and  note ;  Eose  the  tran.saction  is  sufficient,  is  unsettled. 

V.  Koye,  7  Barb.,  176.  Jackson  «.  Phillips,  9  Cow.,  94;  Hollen- 

{d)  Whether  an  attestation  by  a  witness  back  v.  Fl«ming,  6  SiU,  803. 
upon  an  acknowledgment  made  long  after 


328  ABBOTTS'  FORMS. 


Deeds  for  Ohio  ; — Oregon ;— Pennsylvania. 


of  two  witnesses,  who  must  attest  the  signing  and  sealing,  and  subscribe  their 
names  to  such  attestation.  The  deed  must  also  be  acknowledged  before  a 
proper  officer.] 

663.  Deed,  With  Covenants  and  Warranty. 

Know  all  men  by  these  presents:  That  A,  B.,  in  consideration  of 
dollars,  to  him  paid  by  Y.  Z.,  the  receipt  whereof  is  hereby  acknowledged, 
does  hereby  grant,  bargain,  sell  and  convey  to  the  said  Y.  Z.,  his  heirs  and 
assigns,  forever,  all  [here  insert  description  of  the  premises}^  and  all  the  estate, 
title  and  interest  of  the  said  A.  B.,  either  in  law  or  in  equity,  of,  in  and  to 
the  said  premises ;  together  with  all  the  privileges  and  appurtenances  to 
the  same  belonging,  and  all  the  rents,  issues  and  profits  thereof;  to  have 
AND  TO  HOLD  the  Same  to  the  only  proper  use  of  the  said  Y.  Z.,  his  heirs  and 
assigns,  forever.  And  the  said  A.  B.,  for  himself  and  for  his  heirs,  exec- 
utors and  administrators,  does  hereby  covenant  with  the  said  Y.  Z.,  his 
heirs  and  assigns,  that  he  is  the  true  and  lawful  owner  of  the  said  premises, 
and  has  full  power  to  convey  the  same ;  and  that  the  title  so  conveyed  is 
clear,  free  and  unencumbered ;  and  further,  that  he  will  warrant  and  de- 
fend the  same  against  all  claim  or  claims  of  all  persons  whomsoever. 

In  witness  whereof,  the  said  A.  B.  has  hereunto  set  his  hand  and  seal 
[or,  if  a  wife  joins  to  bar  dower,  say,  the  said  A.  B.,  and  C.  B.  his  wife,  who 
hereby  releases  her  right  and  expectancy  of  dower  in  the  said  premises,(e) 
have  hereunto  set  their  hands  and  seals]  this        day  of  ,  in  the  year 

of  our  Lord  one  thousand  eight  hundred  and 

Signed  and  sealed  in )  [Signatures  and  seals.] 

presence  of  us.     J 

[Signatures  of  witnesses.] 

Oregon. 
[The  law  is  the  same  as  that  of  Wisconsin,  stated  below.](/) 


Pennsylvania. 

[Words  of  inheritance  are  necessary  to  convey  a  fee.  The  words  "  grants 
bargain  and  sell,"  unless  qualified,  imply  covenants.(</) 

Deeds  must  be  sealed,  but  an  ink  scroll  is  sufficient  for  a  private  seal.  It 
Is  the  practice  to  have  two  subscribing  witnesses,  but  this  is  not  necessary 
where  the  deed  is  acknowledged.] 


664.  Warranty-Deed. 

This  indbntube,  made  the        day  of  ,  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and         ,  between  A.  B.,  of  ,  of  the  one  part, 

(«)  The  deed  must  contain  apt  words,  terms  confined  to  the  husband,  will  not 

expressive  of  the  estate  intended  to  be  bar  the  wife's  dower.     McFarland  v.  Fe- 

conveyed  by  the  wife.     A  joint  deed  of  biger,  7  Ohio,  194. 

husband  and  wife,  executed  and  duly  ac-  (/)  Stat,  of  Oregon,  1S55,  519,  528. 

knowledged  by  botli,  but  the   conveying  {^)  See  note  (k),  p.  335,  infra. 
part  being  in  the  singular  number,  and  in 


DEEDS.  329 

Khode  Island  ; — South  Carolina. 

and  Y.  Z,,  of  ,  of  the  other  part,  witnesseth,  that  the  said  A.  B.,  for 

and  in  consideration  of  the  sum  of  dollars,  lawful  money  of  the  United 

States  of  America,  unto  A.  B.  well  and  truly  paid  by  the  said  Y.  Z.,  at  and 
before  the  sealing  and  delivery  of  these  presents,  the  receipt  whereof  is 
hereby  acknowledged,  has  granted,  bargained,  sold,  aliened,  enfeoffed, 
released  and  confirmed,  and  by  these  presents  does  grant,  bargain,  sell, 
alien,  enfeoff,  release  and  confirm  unto  the  said  Y.  Z.,  his  heirs  and 
assigns,  forever  [hei^e  insert  the  description  of  the  premises],  together  with 
all  and  singular  the  ,  ways,  waters,  water-courses,  rights,  liberties, 

privileges,  hereditaments  and  appurtenances  whatsoever  thereunto  belong- 
ing or  in  any  wise  appertaining,  and  the  reversions  and  remainders,  rents, 
issues  and  profits  thereof ;  and  all  the  estate,  right,  title,  interest,  property, 
claim  and  demand  whatsoever  of  A.  B.,  in  law,  equity  or  otherwise,  how- 
soever, of,  in  and  to  the  same,  and  every  part  thereof  [i/subject  to  emtum- 
brance,  say,  subject  to  a  mortgage,  etc.,  or  otherwise  describing  it],  to  have 
and  to  hold  the  said  ,  hereditaments  and  premises  hereby  granted  or 

mentioned,  and  intended  so  to  be,  with  the  appurtenances  [subject  as  afore- 
said], unto  the  said  Y.  Z.,  his  heirs  and  assigns,  to  and  for  the  only  proper  use 
and  behoof  of  the  said  Y.  Z.,  his  heirs  and  assigns,  forever.  And  the  said  A. 
B.,  his  heirs,  executors  and  administrators,  do,  by  these  presents,  covenant, 
grant  and  agree,  to  and  with  the  said  Y.  Z.,  his  heirs  and  assigns,  that  he, 
the  said  A.  B.,  and  his  heirs,  all  and  singular  the  hereditaments  and  prem- 
ises hereinabove  described  and  granted,  or  mentioned  and  intended  so  to 
be,  with  the  appurtenances  unto  the  said  Y.  Z.,  his  heirs  and  assigns,  against 
him  the  said  A.  B.,  his  heirs,  and  against  all  and  every  other  person  or 
persons  whomsoever  lawfully  claiming  or  to  claim  the  same,  or  any  part 
thereof,  shall  and  will  warrant  and  forever  defend. 

Ix  WITNESS  WHEREOF,  the  said  parties  to  these  presents  have  hereunto 
interchangeably  set  their  hands  and  seals(A)  [or,  Witness  my  hand  and 
seal(A)]. 

Dated  the  day  and  year  first  above  written. 

Sealed  and  delivered  in )  [Signature  and  seal.l 


the  presence  of  us, 
[Signatures  of  witnesses.] 


Rhode  Island. 


[Words  of  inheritance  are  necessary  to  convey  a  fee. 
The  forms  given  for  Massachusetts  are  appropriate. 

A  seal  is  necessary,  and  it  should  be  by  impression  on  wax  or  wafer.    Two 
witnesses  are  usual.     The  deed  must  also  be  acknowledged.] 


South  Carolina. 

[A  scroll  is  a  sufficient  private  seal  for  a  deed.    There  should  he  two  wit- 
nesses.] 


(A)  The  omission  of  the  words  "and  seal,"  is  not  fatal.     Miller  v.  Binder,  28 
Penn.St.   489. 


330  ABBOTTS'  FORMS. 


Deeds  for  Tennessee ; — Texaa  ; — Vermont. 


665.  Deed  with  Warranty. (j) 

State  of  South  Carolina : 

Know  all  men  by  those  presents,  that  I,  A.  B.,  of  ,  in  the  State 

aforesaid  [yeoman],  in  consideration  of  ,  to  me  paid  by  Y.  Z.,  in 

the  State  aforesaid,  have  granted,  bargained,  sold  and  released,  and  by  these 
presents  do  grant,  bargain,  sell  and  release  nnto  the  said  Y.  Z.,  all  that 
[here  describe  the  land\  together  witli  all  and  singular  the  rights,  members, 
hereditaments  and  appurtenances  to  the  said  premises  belonging,  or  in  any 
wise  incident  or  appurtenant.  To  have  and  to  hold  all  and  singular  the 
premises  before  mentioned,  unto  the  said  Y.  Z.,  his  heirs  and  assigns,  for- 
ever. And  I  DO  HEREBY  bind  myself,  my  heirs,  executors  and  administra- 
tors, to  warrant  and  forever  defend  all  and  singular  the  said  premises  unto 
the  said  Y.  Z.,  his  heirs  and  assigns,  against  myself  and  my  heirs,  and 
against  every  person  whomsoever  lawfully  claiming,  or  to  claim  the  same, 
or  any  part  thereof  (j) 

Witness  my  hand  and  seal,  this  day  of  ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ,  and  in  the  year  of  the 

independence  of  the  United  States  of  America. 

Signed,  sealed  and  delivered  \  [^Signature  and  seal.'] 

in  the  presence  of         J 
[Signatures  of  two  witnesses.'] 

Tennessee. 

[Words  of  inheritance  are  not  necessary  to  convey  the  fee.(A;) 
A  scroll,  or  the  word  "  Seal,"  written  after  the  signature,  is  sufficient  as  a 
private  seal,  or  for  an  officer  for  whom  no  public  seal  is  provided.]  (i) 


Texas. 

[Words  of  inheritance  are  not  necessary  to  convey  a  fee. 

A  scroll  is  a  sufficient  seal  for  deeds,  provided  that  the  person  executing  rec- 
ognizes it  in  the  body  of  the  instrument  as  having  been  affixed  by  way  of 
Beal.(TO)    Two  subscribing  witnesses  are  usual.] 


Vermont. 

[Words  of  inheritance  are  necessary  to  convey  a  fee. 

The  forms  given  for  Massachusetts  are  appropriate. 

A  seal  is  required,  and  it  should  be  an  impression  on  wax  or  wafer.  Two 
subscribing  witnesses  are  required.  Deeds  executed  within  the  State  must  be 
acknowledged.] 

(*)  This  form  is  declared  sufficient  by  Glenn,  9  Rich.^  374;  Faries  v.  Smith,  11 

statute  in  South  Carolina.     5  Pub.  Z.,  256,  lb.,  80. 

§  1.    And  in  Texas,  ifar<^./)t^.,  129,  art.  (*)  Cromwell  v.  Winchester,  2  Hetid, 

170.  889. 

{j)  Tliis  is  held  to  import  all  the  five  {I)  Whitley  v.  Davis,  1  Swan,  833. 

covenants:  seizin,  right  to  convey,  quiet  (>»)  English ». Helms,  4  Tkr.,  228; Muoii- 

enjoyment,  free  from  encumbrances,  and  leray  v.  Bethany,  23  lb.,  163. 
in  eifect  aIt>o  further  assurance.    Jeter  v. 


DEEDS. 


331 


Virgiuia. 


Virginia. 

[Words  of  inheritance  are  not  necessary  to  convey  a  fee.(n) 
A  scroll  is  a  sufficient  private  seal  for  a  deed.     There  should  be  two  wit- 
nesses, but  an  acknowledgment  by  the  grantor  dispenses  with  the  necessity 
of  witnesses.] 

666.  Quit-Claim  Deed.{o) 

This  deed,  made  the  day  of  ,  in  the  year  18    ,  between 

[here  insert  names  of  parties^  witnesseth,  that  in  consideration  of  \here 
state  the  consideration]^  the  said  doth   [or,  do]  release  to  the  said 

,  all  his  claims  upon  the  said  lands — to  wit :  [describing  them}. 
"Witness  the  following  signature  and  seaL 

[Signature  and  seal.] 


667.  Deed  to  Convey  Grantor^s  Whole  Interest.{p) 

This  deed,  made  the  day  of  ,  in  the  year  ,  between 

[here  insert  names  of  parties]^  witnksseth,  that  in  consideration  of  [here 
state  the  consideration],  the  said  doth  [or,  do]  unto  the  said  , 

bargain,  sell  and  grant  all,  etc.  [here  describe  the  property, {g)  and  insert 
covenants  or  any  other  provisions].  * 

Witness  the  following  signature  and  seal.(r) 

[Signature  and  seal.] 


668.  Deed  With  Covenant  Against  Orantor''s  Acts. 

[As  in  preceding  form,  inserting  at  the  * :]  And  the  said 
nauts(«)  that  he  has  done  no  act  to  encumber  the  said  land8.(Q 


cove- 


669.   Warranty-Deed,  With  Full  Covenants. 
[As  in  Form  667,  inserting  at  the*:]  And  the  said 


coven anta 


(n)  Code,  503 ;  Humphrey  v.  Foster, 
13  Gratt.,  564. 

(o)  This  form  is  operative  to  bar  the 
releasor,  his  representatives  and  assigns, 
a.s  effectually  as  Form  667.  Code,  503,  §  3. 

(j>)  This  form  is  given  by  statute.  Code 
of  1849,  503,  ch.  117,  §  1,  and  will  pass 
all  the  estate,  right,  title  and  interest  of 
the  grantor,  both  at  law  and  in  equity. 
lb.,  §  2. 

{q)  In  Virginia,  the  conveyance  of  land, 
unless  an  exception  be  made,,  includes  all 
buildings,  privileges  and  appurtenances 
Df  every  kind.     Code,  503,  §  7. 

(r)  It  must  oe  stated  in  the  body  of  the 


instrument,  or  in  the  attestation  of  the 
witnesses,  that  it  is  sealed.  Austin  v. 
Whitlock,  1  Munf.,  487 ;  Buchner  v.  Mao- 
kay,  2  Ltigh,  488. 

(«)  This  word  has  the  same  effect  as  if 
it  were  expressed  that  the  covenant  is  for 
his  heirs,  personal  representatives  and  as- 
signs, and  to  and  with  the  covenantee, 
his  heirs,  personal  representatives  and  as- 
signs.    Code,  505,  §  9. 

{t)  This  is  equivalent  to  a  covenant 
that  he  has  not  done  or  executed  or  know- 
ingly suffered  any  thing,  whereby  any 
part  of  the  premises  may  be  affected.  Ib.y 
§16. 


332  ABBOTTS'  FORMS. 


Deeds  for  Virginia; — Wisconsin. 


that  he  •will  warrant  generally  the  property  hereby  conveyed(«)  [or,  will 
warrant  specially  the  property  hereby  conveyed](?)) ;  that  he  has  the  right  to 
convey  the  said  land  to  the  grantee  ;(w)  that  the  grantee  shall  have  quiet 
possession  of  the  said  land(x)  [and  may  add,  free  from  all  encumbrances  \\{y) 
that  he  will  execute  such  further  assurance  of  the  said  lands  as  may  be 
requisite.  (2) 

670.  Deed  of  Trust  to  Secure  Debts,  etc.{a) 

This  deed,  made  the  day  of  ,  in  the  year  ,  between 

[the  grantor],  of  one  part,  and  [the  trustee],  of  the  other 

part,  WITNESSETH,  that  the  said  [the  grantor]  doth  [or,  do]  grant 

unto  said  [the  trustee]  the  following  property :  [here  describe  it],  in 

trust  to  secure  [here  describe  the  debts  to  be  secured  or  the  securities  to  be 
indemnified,  and  insert  covenants  or  any  other  provisions  the  parties  may 
agree  upon]. 
Witness  the  following  signatures  and  seals. 

[Signatures  and  seals.] 

671.  Deed  of  Life  Estate.Q)) 

[As  in  Form  666  or  667,  inserting  after  the  description  of  the  property :] 
To  HAVE  AND  TO  HOLD  and  cnjoy  all  and  singular  the  said  lands  and  appur- 
tenances, for  the  natural  life  of  the  said  Y.  Z. 

■Wisconsin. 

[Conveyances  may  be  made  by  deed,  signed  and  sealed  by  the  person  from 
whom  the  estate  or  interest  is  intended  to  pass,  being  of  lawful  age,  or  by  his 
lawful  agent  or  attorney,  and  acknowledged,  or  proved  and  recorded.  Deeds 
executed  within  the  State,  of  lands  therein,  shall  be  executed  in  the  presence 
of  two  witnesses,  who  shall  subscribe  their  names  to  the  same  as  such.(o) 
Deeds  executed  without  the  State  may  be  executed  according  to  the  laws  of 
the  place. 

A  scroll  or  device,  whether  written  or  printed,  if  used  as  a  seal,  is  suflBcient 
in  any  case,  except  where  oflBcial  seals  are  provided  by  law.](d) 


(«)  This  is    eflfectaal    as    a  warranty  {y)  This  is  equivalent  to  the  full  cove- 

against  the  claims  of  all  persons  whomso-  nant  against  encumbrances.    Jb.,  §  14. 

ever.     Code,  505,  §  10.  {z)  This  is  equivalent  to  the  full  covo- 

(«)  This  is  effectuftl    as    a    warranty  nant  for  further  assurance.    Ib.,%\5, 

against  the  grantor  and  all  claiming  by  (a)  This  form  is  given  by  statute.    Code 

or  under  him.     lb.,  %  11.  of  1849,  503,  §  5. 

(w)  This  is  effectual  as  a  covenant  of  {b)   This  form  Is  sustained  by  Hum- 
good  right,  full  power  and  absolute  au-  phrey   v.   Foster,   13    Gratt.,   653.      The 
thority  to  tonvey  the  premises   and  ap-  habendum  controls  the  grant, 
purtenances  according    to   the  intent  of  (c)  Bev.  Stat.,  1858,  537,  §§  1,  8,  9,  11. 
the  deed.     lb.,  §  13.  {d)  Rev.  Stat.,  1858,  543,   §  89.     Wil- 

(a;)  This  is  equivalent  to  the  full  form  liams  v.  Starr,  5  Witc,  534. 
of  the  usual  covenant  for  quiet  possession. 
Ih..  §  14. 


DEEDS. 


333 


Forms  Applicable  in  all  the  States. 


II.  Forms  Gkneeally  Applicable. 

[These  forms,  though  chiefly  based  on  the  law  and  practice  of  the  State  of 
New  York,  are  appropriate  to  the  practice  in  many  other  States ;  and  are,  it  is 
believed,  valid  and  sufficient  forms  in  all  of  the  States  for  the  cases  to  which 
they  are  adapted. 

Most  of  the  States  in  which  peculiar  forms  are  in  vogue  are  noticed  in  alpha- 
betic order  above.] 


672.  Formal  Indenture.{6) 

This  indentuee,  made  the        day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county  of 

,  and  State  of  ,  merchant,  of  the  first  p&rt,  and  Y.  Z.,  of  , 

in  the  said  county,  farmer,  of  the  second  part,  witnesseth  [here  will  follow 

the  provisions  of  the  instrument^  concluding  thus:'\ 

In  witness  wheeeof,  to  one  part  of  these  presents,  remaining  with  the 
said  parties  of  the  first  part,  the  said  parties  of  the  second  part  have  afiixed 
their  hands  and  seals ;  and  to  the  other  part  thereof,  remaining  with  the 
said  parties  of  the  second  part,  the  said  parties  of  the  first  part  have  caused 
the  common  seal  of  the  said  city  of  to  be  afiixed  the  day  and  year 

first  above  written. 
Signed,  sealed  and  delivered  [  {Signatures,  etc.,  accordingly. 1 

in  presence  of  f 

{Signature  of  witness.] 


(e)  The  distinction  between  deeds  in 
the  form  of  indenture  and  those  in  form 
of  deed-poll,  has  now  no  essential  legal 
importance.  The  practice  in  some  States 
has  adopted  one,  in  some  the  other  form. 
Technically,  an  indenture,  the  form  of 
which  is  given  above,  was  an  instrument 
executed  by  two  or  more  parties,  contain- 
ing provisions*  binding  each  one  to  the 
other ;  and  it  was  originally  deemed  es- 
sential that  the  instrument  be  written  in 
two  copies  upon  diiferent  parts  of  the 
same  parchment,  and  then  the  parts  were 
cut  asunder  in  a  waving  or  notched  line. 
Hence  the  name  "  indenture."  One  copy 
was  sealed  by  one  party,  who  delivered  it 
to  the  other  party,  and  received  from  the 
latter  in  turn  the  other  part,  with  his  seal 
thereon. 

lu  modern  conveyancing,  indenting  is 


unnecessary ;  and  with  us  the  term  inden- 
ture does  not  imply  any  thing  more  than 
that  the  instrument(beiug  of  course  under 
sea])  is  not  a  mere  grant,  but  contains 
matter  intended  to  bind  both  parties.  In- 
deed, the  word  is  often  used  in  the  head- 
ing of  a  mere  grant,  which  formerly  would 
have  been  called  a  deed-poll.  And  where 
an  indenture  for  the  conveyance  of  land 
is  executed  by  both  parties  to  it,  it  is 
usual  to  make  but  one  instrument,  and  to 
deliver  it  to  the  grantee  ;  for  the  practice 
of  recording  deeds  leads  to  dispensing 
with  a  counterpart.  It  is  only  where  two 
copies  are  made,  one  to  be  signed  by  each 
party,  and  interchangeably  delivered,  that 
the  above  form  is  used. 

Where  a  deed  is  thus  interchangeably 
executed,  each  part  is  the  deed  of  both. 
Dudley  v.  Sumner,  5  Mass.,  488. 


334  ABBOTTS'  FORMS. 


Deeds  Applicable  in  all  the  States. 


673.  Deed-Poll.{f) 

To  all  people  to  whom  these  presents  shall  come,  A.  B.,  of  ,  and  0.  D., 

of  ,  send  greeting: 

Know  tk,  that  the  said  A.  B.  and  0.  D.  [here  will  follow  the  prorisiovs  o/ 
the  instrument,  concluding  thus ;] 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals,  this 
day  of  ,  18    . 

Signed,  sealed  and  delivered)  [Signatures  and  seals  ofth^  grantors.} 

in  the  presence  of         3. 
[Signature  0/ witness.] 

674.  Short  Form  of  Deed  in  Fee.(g) 

I,  A.  B.,  in  consideration  of  one  dollar  to  me  paid  by  C.  D.,  do  bargain 
and  sell  [or,  in  New  York,  grant]  to  0.  D.  and  his  heirs  [in  New  York,  Vir 
ginia,  etc.,  the  words  and  his  heirs  may  he  omitted(h)]  the  lot  of  land  [de- 
scribe it].    Witness  my  hand  and  seal,  etc. 


675.  Quit-Claim  Deed.(i) 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of  ,  in 

the  county  of           ,  and  State  of  ,  farmer  [or,  we,  A.  B.,  of,  etc.,  at 

(/)  A  deed-poll,  as  a  deed  by  which  lands,  without  words  of  inheritance,  may 
but  one  party  made  a  grant,  or  bound  transfer  the  fee,  see  the  names  of  the 
himself  to  the  other  party,  was  formerly  States  iu  their  order  above,  pp.  816  to  332. 
called,  was  so  designated  because  the  (i)  The  quit-claim  deed  is  generally 
parchment  was  cut  straight  at  the  top,  in-  used  where  the  grantor  desires  to  incur 
stead  of  being  indented  as  a  deed  inter-  no  responsibility  as  to  the  title, 
changeably  executed.  The  distinction.  It  was  formerly  the  rule,  that  an  instru- 
though  anciently  insisted  on,  is  no  longer  ment  by  which  one  merely  released  or 
of  any  consequence.  The  use  of  printed  quit-claimed  to  another  could  pass  nothing 
forms  and  the  practice  of  recording  deeds  unless  the  latter  was  actually  or  construc- 
has  resulted  in  the  custom  of  executing  tively  in  possession ;  but  the  generally 
but  one  instrument,  which  frequently  has  received  American  rule  is,  ihat  the  words 
the  words  appropriate  to  an  indenture,  "remise,  release  and  quit-claim,"  or  in- 
without  reference  to  the  character  of  its  deed  any  equivalent  words,  such  as  "  re- 
provisions.                                     .  lease  and  assign,"  "  make  over  and  con- 

(g)  This  form,  which  is  known  as  Chan-  firm,"  and  the  like,  are  suflBcient  to  raise 

cellor  Kent's  deed,  is  given  in  his  com-  a  use  or  trust  for   the    bargainee,  and 

meutaries  (vol.  4,  p.  461),  as  in  his  opinion  amount  to  a  sufficient  conveyance,  if  there 

perfectly  competent,  in  any  part  of  the  is  a  pecuniary  consideration.     Beddoe  v. 

United  States,  to  convey  the  fee.     It  is  Wadsworth,   21   Wend.,    120 ;    Lynch  v. 

further  sustained  by  Huchins  v.  Carleton,  Livingston,  6  iV!  Z.  (2  Held.),  422;  Pray 

19  N.  R.,  487;  Bridge  v.  Wellington,  1  v.  Pierce,  7  Mois.,  381 ;  Russell  v.  CoflSD, 

Uaet.,  219  ;   Fairley  v.  Fairley,  84  Miss.  8  Pick.,  143. 

((?eo.),    18;    Humphrey   v.    Foster,    13  It  is  enacted  in 

GrcM.,  658;  Chiles  v.  Cowley,  2  Dana,  Massachdsetts  {Gen.  Stat.,  1860,  466, 

21.  §  8), 

{h)  As  to  tne  States  in  which  a  deed  of  Michigan  (2  Oom^.  Lam,  1867, 8S8,  S  3)> 


DEEDS.  336 

Quit-claim.  Deed  without  Covenants. 

above,  and  0.  B.  his  wife],  in  consideration  of  dollars  to  me  [or,  ns] 

paid  by  Y.  Z ,  of  ,  merchant,  the  receipt  whereof  is  hereby  acknow- 

ledged, have  remised,  released  and  forever  quit-claimed,  and  by  these  pres- 
ents do,  for  myself,  my  [or,  ourselves,  our]  heirs,  executors  and  administra- 
tors, remise,  release  and  forever  quit-claim  unto  the  said  Y.  Z.,  his  heirs  and 
assigns,  forever,  all  such  right,  title,  interest  [dower  and  right  of  dower(j)], 
property,  possession,  claim  or  demand  as  I  [or,  as  we  or  either  of  us]  have 
or  ought  to  have,  in  or  to  aU  [here  insert  description  of  premises],  to  have 
AND  TO  HOLD  the  said  premises  unto  the  said  Y.  Z.,  his  heirs  and  assigns,  to 
his  and  their  only  proper  use  and  behoof  forever ;  so  that  neither  I,  the  said 
A.  B.,  or  any  other  person  in  my  name  and  behalf  [or,  we,  the  said  A.  B. 
and  0.  B.,  or  either  of  us,  or  any  other  person  in  our  or  either  of  our  names 
and  behalf]  shall  or  will  hereafter  claim  or  demand  any  right  or  title  to  the 
premises,  or  any  part  thereof;  but  they,  and  every  of  them,  shall  by  these 
presents  be  excluded  and  forever  barred. 

In  witness  whereof,  I  [or,  we]  have  hereunto  set  my  hand  and  seal  [or, 
our  hands  and  seals],  this         day  of  ,  in  the  year  one  thousand  eight 

hundred  and 

Signed,  sealed  and  delivered)  [Signatures  cmd  seals  of  grantors.] 

in  the  presence  of         J 
[Signature  of  witness.] 

676.  Deed  Conveying  Without  Covenants, 

This  indenture,  made  this  day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  farmer  [and  0.  B.  his  wife],  of  the  first  part,  and  Y.  Z., 

of  ,  in  said  county,  merchant,  of  the  second  part :  Witnesseth,  that 

the  said  party  [or,  parties]  of  the  first  part,  in  consideration  of  the  sum 
of  dollars,  to  him  [or,  them]  paid  by  the  said  party  of  the  second 

part,  the  receipt  whereof  is  hereby  acknowledged,  has  [or,  have]  granted, 
bargained  and  sold,  and  by  these  presents  does  [or,  do]  grant,  bargain  and 
sell(i)  unto  the  said  party  of  the  second  part,  and  to  his  heirs  and  assigns 


Minnesota  {Stats.,  1851,  211,  §  8),  Mississippi  {Rev.  Code,  1857),  309,  Art. 

Mississippi  (Zf«M.  Dig.,  610,  §  28  ;  Kerr  16,  and 

V.  Freeman,  83  Miss.  {Geo.),  292 ;  and  Pennsylvania,  Purdon^s  Dig.,  822, 

Virginia  {Code,  503,  §  8),  that    the    words    "grant,    bargain    and 

that  a  deed  of  quit-claim  and  release,  of  sell,"  in  conveyances  in  fee,  amount  to  an 

the  form   in  common  use,  shall  be  suf-  express  covenant  to  the  grantee,  his  heirs 

ficicnt  to   pass   all  the  estate  which  tlie  and  assigns,  that  the  grantor  was  seized 

grantor  could  lawfully  convey  by  bargain  of  an  indefeasible  estate  in  fee-simple, 

and  sale.  free  from  encumbrances  done  or  suffered 

{j)  Omit  these  words,   unless  a  wife  from  the  grantor,  except  the  rents  and 

joins.  services  that  are  reserved ;  and  also  for 

(k)  It  is  enacted  in  the  States  of  Ala-  quiet  enjoyment  against  the  grantor,  his 

BAMA  ( Code  of  1852,  §  1314) ;  heirs  and  assigns,  unless  limited  by  the 

Arkansas  {Rev.  Stat.,  1838,  188,  §  1),  express  words  of  such  conveyance. 

Illinois,  S.  T.  &  B.  Stat.,  961,  This    implied    covenant,   however,  ii» 


336 


ABBOTTS'  FORMS. 


Deed  with  Covenant  against  Grantor's  Acts. 


forever,  all  [here  insert  description  of  premises],  together  vvith  all  and 
singular  the  tenements,  hereditaments  and  nppnrtenances  thereunto  belong- 
ing, or  in  any  wise  appertaining;  and  the  reversion  and  reversions,  re- 
mainder and  remainders,  rents,  issues  and  profits  thereof;  and  also  all  the 
estate,  right,  title,  interest  [dower  and  right  of  dower],  property,  possession, 
claim  and  demand  whatsoever,  as  well  in  law  as  in  equity  of  the  said  party 
[or,  parties]  of  the  first  part,  of,  in  and  to  the  above-granted  premises,  and 
every  part  and  parcel  thereof:  To  have  axd  to  hold  all  and  singular  the 
above-granted  premises,  together  with  the  appurtenances  and  every  part 
thereof  unto  the  said  party  of  the  second  part,  his  heirs  and  assigns,  forever. 

In  witness  whebeof,  the  said  party  [or,  parties]  of  the  first  part  has  [or, 
have]  hereunto  set  his  hand  and  seal  [or,  their  hands  and  seals]  the  day  and 
year  first  above  written. 

Signed,  sealed  and  delivered)  [Signature  and  seal.] 

in  the  presence  of  ) 

[Signature  of  witness.] 

677.  Deed  with  Covenant  Against  Orantor^s  Acts. 

This  indentuee,  made  the         day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  the  city  of  ,  and  State  of 


construed  as  merely  a  covenant  against 
the  grantor's  own  acts. 

i  Kent's  Com.,  474;  Gratz  v.  Ewalt,  2 
Binn.,  95 ;  Koebuck  v.  Depuy,  2  Ala., 
451 ;  Eawle  on  C,  586  ;  Pretty  man  v. 
Wilkey,  19  lUs.,  235  ;  Latham  v.  Morgan, 
1  Sm.  &  M.  Ch.,  611. 

In  Arkansas  the  same  words,  "grant, 
bargain  and  sell,"  are  also  a  covenant  for 
the  quiet  enjoyment  against  the  claim  or 
demand  of  all  other  persons  whatsoever, 
unless  limited  by  express  words.  Rev. 
Stat.,  1838,  188. 

.  In  California,  these  words  import  a 
covenant  that  previous  to  the  execution 
the  grantor  has  not  conveyed  any  interest 
to  any  other  than  the  grantee,  and  that 
the  premises  are  free  from  encumbrances 
done  or  suffered  by  the  grantor  or  any 
person  claiming  under  him.  Wood's 
Dig.,  888. 

In  Delaware,  it  is  enacted  that  "  where 
there  is  no  express  covenant  in  a  deed, 
the  words  grant,  bargain  and  sell,  shall, 
unless  specially  restrained,  imply  a  special 
warranty  against  a  grantor  and  his  heirs, 
and  all  persons  claiming  under  him." 
Eev.  Stat.,  1852,  p.  266,  §  2. 

In  Missouri,  they  are  equivalent  to 
express  covenants  on  the  part  of  the 
grantor  for  himself  and  his  heirs,  to  the 


grantee,  his  heirs  and  assigns ;  First, 
That  the  grantor  was,  at  the  time  of  the 
execution  of  such  conveyance,  seized  of 
an  indefeasible  estate,  in  fee-jsimple,  in 
the  real  estate  thereby  granted ;  Second, 
That  such  real  estate  was,  at  the  time  ol 
the  execution  of  such  conveyance,  freft 
from  encumbrance  done  or  suffered  by 
the  grantor,  or  any  person  claiming  under 
him ;  Third,  For  further  assurances  of 
such  real  estate  to  be  made  by  the  grantor 
and  his  heirs,  to  the  grantee  and  his  heirs 
and  assigns.    1  Jiev.  Stat.  (1855),  855,  §  1. 

The  provision  in  the  State  of  Missouri, 
making  these  words  a  covenant  for  further 
assurance  and  to  remove  encuiijbrances, 
embraces  such  encumbrances  only  aa  the 
grantor  can  control.  Armstrong  v.  Darby, 
26  Misso.  (5  Jones),  517. 

The  covenants  raised  by  force  of  such 
statutes  are  regarded  as  equivalent  to 
an  express  covenant,  and  a  subsequent 
express  covenant  of  narrower  import  does 
not  restrict  its  effect.  Hawk  v.  McCul 
lough,  21  Ills.,  220. 

These  statutory  covenants  do  not  bind 
executors,  administrators,  etc.,  personally, 
when  the  words  are  used  by  them  in 
conveyances  in  the  necessarj'  execution 
of  their  trusts.  Shontz  v.  Brown,  27 
Fenn.  St.,  128. 


DEEDS.  337 

Covenant  against  Grantor's  Acts.  Warranty. 

,  merchant  [and  0.  B.  his  wife],  of  the  first  part,  and  Y.  Z.,  of  , 

in  said  county,  farmer,  of  the  second  part,  "Witxesseth,  that  the  said  party 
[or,  parties]  of  the  first  part,  for  and  in  consideration  of  the  sum  of 
dollars,  lawful  money  of  the  United  States  of  America,  to  him  [or,  them]  in 
hand  paid  by  the  said  party  of  the  second  part,  at  or  before  the  ensealing 
and  delivery  of  these  presents,  the  receipt  whereof  is  hereby  acknowledged, 
has  [or,  have]  granted,  bargained,  sold,(Z)  aliened,  remised,  released,  con- 
veyed and  confirmed,  and  by  these  presents  do  grant,  bargain,  8ell,(Z)  alien, 
i-emise,  release,  convey  and  confirm,  unto  the  said  party  of  the  second  part, 
and  to  his  heirs  [or,  if  a  corporation,  their  successors]  and  assigns,  forever, 
all  [here  insert  description  of  the  premises],  together  with  all  and  singular 
the  tenements,  hereditaments  and  appurtenances  thereunto  belonging  or  in 
any  wise  appertaining ;  and  the  reversion  and  reversions,  remainder  and 
remainders,  rents,  issues  and  profits  thereof;  and  also  all  the  estate,  right, 
title,  interest  [dower  and  right  of  dower(m)],  property,  possession,  claim  and 
demand  wliatsoever,  both  in  law  and  in  equity,  of  the  said  party  [or,  par- 
ties] of  the  first  part,  of,  in  and  to  the  above-granted  premises,  and  every 
part  and  parcel  thereof,  with  the  appurtenances.  To  have  and  to  hold  all 
and  singular  the  above-granted  premises,  together  with  the  appurtenances 
and  every  part  thereof,  unto  the  said  party  of  the  second  part,  his  heirs 
and  assigns,  forever.* 

And  the  said  A.  B.  [not  naming  the  wife],  for  himself,  his  heirs,  execu- 
tors and  administrators,  does  hereby  covenant,  promise  and  agree  to  and 
with  the  said  party  of  the  second  part,  his  heirs  and  assigns,  that  he  has  not 
made,  done,  committed,  executed  or  suffered  any  act  or  acts,  thing  or  things 
whatsoever,  whereby  or  by  means  whereof,  the  above  mentioned  and  de- 
scribed premises,  or  any  part  or  parcel  thereof,  now  are,  or  at  any  time 
hereafter,  shall  or  may  be  impeached,  charged  or  encumbered,  in  any  manner 
or  way  whatsoever. 

Ix  WITNESS  whereof,  the  said  party  [or,  parties]  of  the  first  part,  has  [or, 
have]  hereunto  set  his  hand  and  seal  [or,  their  hands  and  seals],  the  day  and 
year  first  above  written. 

Signed,  sealed  and  delivered)  [Signatures  and  seals.] 

in  presence  of  ) 

[Signature  of  witness.] 

678.   Warranty-Deed.(n) 

This  indentuee,  made  this        day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  the  city  of  ,  and  State 

of         ,  merchant  [and  C.  B.  his  ^vife],  of  the  first  part,  and  Y.  Z.,  of         , 
in  said  county,  farmer,  of  the  second  part,  Witnesseth,  that  the  said  party 

{D  See  note  (k)  preceding.  unless  otherwise  expressed;  thougli  this 

(?»)  Omit  tliese  words,  unless  a  wife  joins,  rule    does    not  obtain    in  Pennsylvania, 

(n)  The  warranty  in  this  form  is  called  where  such  a  contract  is  satisfied  by  a 

the  general  warranty,  being  against  the  special  warranty — i.  e.,  against  the  ven- 

acts  of  all  persons.     A  contract  to  give  a  dor's  acts.    For  a  form  of  which,,  see  No. 

warranty-deed  calls  for  a  general  warranty,  679. 

22 


33ft  ABBOTTS'  FORMS. 


Warranty-Deed. 


[or,  parties]  of  the  first  part,  in  consideration  of  the  sum  of  dollars, 

lawful  money  of  the  United  States,  to  him  [or,  them]  in  hand  paid  by  the 
said  party  of  the  second  part,  at  or  before  the  ensealing  and  delivery  of 
these  presents,  the  receipt  whereof  is  hereby  acknowledged,  and  the  said 
party  of  the  second  part,  his  executors  and  administrators,  forever  released 
and  discharged  from  the  same,  by  these  presejits,  has  [or,  have]  granted, 
bargained,  sold,  aliened,  remised,  released,  conveyed  and  confirmed,  and  by 
these  presents  does  [or,  do]  grant,  bargain,  sell,  alien,  remise,  release,  con- 
vey and  confirm  unto  the  said  party  of  the  second  part,  and  to  his  heira 
and  assigns  forever,  aU  [here  insert  description],  together  with  all  and  sin- 
gular the  tenements,  hereditaments  and  appurtenances  thereunto  belong- 
ing or  in  any  wise  appertaining;  and  the  reversion  and  reversions,  remain- 
der and  remainders,  rents,  issues,  and  profits  thereof;  and  also  all  the 
estate,  right,  title,  interest  [dower  and  right  of  dower],  fo)  property,  pos- 
session, claim  and  demand  whatsoever,  both  in  law  and  in  equity,  of  the 
said  party  [or,  parties]  of  the  first  part,  of,  in  and  to  the  above-granted 
premises  and  every  part  and  parcel  thereof,  with  the  appurtenances.  To 
HAVE  AND  TO  HOLD  the  above  mentioned  and  described  premises',  with  the 
appurtenances  and  every  part  thereof,  to  the  said  party  of  the  second  part, 
his  heirs  and  assigns,  forever.*  And  the  said  A.  B.  and  his  heirs,  the  above- 
described  and  hereby  granted  and  released  premises,  and  every  part  and 
parcel  thereof,  with  the  appurtenances,  unto  the  said  party  of  the  second 
part,  his  heirs  and  assigns,  against  the  said  party  [or,  parties]  of  the  first 
part,  and  his  [or,  their]  heirs,  and  against  all  and  every  person  and  persons 
whomsoever,  lawfully  claiming  or  to  claim  the  same  or  any  part  thereof, 
shall  and  will  warrant  and  by  these  presents  forever  defend. (^>) 

In  witness  whereof,  the  said  party  [or,  parties]  of  the  first  part  has  [or, 
have]  herei^nto  set  his  hand  and  seal  [or,  their  hands  and  seals]  the  day  and 
year  first  above  written. 

Signed,  sealed  and  delivered  in )  [Signatures  and  seals.] 

presence  of  ) 

[Signature  of  witness.] 

679.  Special  Warranty.(q) 

[As  in  the  preceding  form,  or  as  in  Form  677,  suhstituting  in  place  of 
the  paragraph  following  the  *,  this  clause :]    And  the  said  A.  B.  and  his 

(o)  Omit  these  words,  unless  a  wife  joins.  122;  Blydenbiirgh  v.  Cotheal,  1  Duer, 
(p)  This  is  the  form  of  general  warranty  176;  Mitcliell  ».  Warner,  5  Conn.,  497, 
in  use  in  New  York,  and  it  is  believed  to  510 ;  Loomis  v.  Bedel,  11  A'  /^.,  74 ;  Ham- 
be  the  same  generally  throughout  the  ilton  v.  Cutts,  4  Mass.,  349. 
country,  JRawU  on  C,  240.  This  cov-  (q)  It  has  been  held,  that  where  the 
enant  is  not  broken  by  want  of  title  in  deed  purports  to  convey  "  all  the  right, 
the  grantor,  or  an  outstanding  title  in  title  and  interest  of  the  grantor,"  a  special 
onother.  Eviction,  or  a  disturbance  or  warranty,  such  as  the  above,  is  to  be 
surrender  of  possession,  is  necessary  to  deemed  to  relate  to  the  title,  not  to  the 
constitute  a  breach.  Kent  v.  Welch,  7  land  itself,  and  it  does  not  estop  the 
Johns.,  258;  Miller  e.  Watson,  5  Cow.,  grantor  to  set  up  a  title  subsequently  ac- 
195;  Vandekarr  ?    Vaudekarr,  11  t/oA/w.,  quired.   Comstock  ».  Smith,  13 /fcX;.,  116. 


DEEDS.  339 

Full  Covenants  and  Warranty. 

heirs,  the  above-described  and  hereby  granted  and  released  premises,  and 
every  part  and  parcel  thereof,  with  the  appurtenances,  unto  the  said  part 
of  the  second  part,  heirs  and  assigns,  against  the  said  part         ot 

the  first  part,  and  heirs,  and  against  all  and  every  person  and  persons 
whomsoever,  lawfully  claiming  or  to  claim  the  same,  or  any  part  thereof, 
by,  from  or  under  him,  them  or  any  of  them,  shall  and  will  warrant,  and, 
by  these  presents,  forever  defend. 

In  witness  [etc.,  concluding  as  in  preceding  form]. 

680.    Wa/rranty-Deed,  With  Full  Covenants. 

This  indenture,  made  this  day  of  ,  in  the  year  one  thou- 

sand eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county 

of  ,  and  State  of  ,  farmer  [and  C.  B.  his  wife],  of  the  first 

part,  and  Y.  Z.,  of  the  same  place,  merchant,  of  the  second  part,  witness- 
ETH :  That  the  said  party  [o?-,  parties]  of  the  first  part,  in  consideration  of 
the  sum  of  dollars,  lawful  money  of  the  United  States,  to  him  [or, 

them]  paid  by  the  said  party  of  the  second  part,  at  or  before  the  ensealing 
and  delivery  of  these  presents,  the  receipt  whereof  is  hereby  acknowledged ; 
and  the  said  party  of  the  second  part,  his  heirs,  executors  and  administra- 
tors, forever,  released  and  discharged  from  the  same  by  these  presents,  has 
[or,  have]  granted,  bargained,  sold,  aliened,  remised,  released,  conveyed  and 
confirmed,  and,  by  these  presents,  does  [or,  do]  grant,  bargain,  sell,  alien, 
remise,  release,  convey  and  confirm  unto  the  said  party  of  the  second  part, 
and  to  his  heirs  and  assigns  forever,  all  [here  insert  description']  ;  together 
with  all  and  singular  the  tenements,  hereditaments  and  appurtenances 
thereunto  belonging,  or  in  any  wise  appertaining,  and  the  reversion  and  rever- 
sions, remainder  and  remainders,  rents,  issues  and  profits  thereof;  and  also 
all  the  estate,  right,  title,  interest  [dower  and  right  of  dower],  (r)  property, 
possession,  claim  and  demand  whatsoever,  both  in  law  and  in  equity,  of  the 
said  party  [or,  parties]  of  the  first  part,  of,  in  and  to  the  above-granted 
premises,  and  every  part  and  parcel  thereof,  with  the  appurtenances :  To 
HAVE  AND  TO  HOLD  all  and  singular  the  above-granted  premises,  together 
with  the  appurtenances  and  every  part  thereof,  unto  the  said  party  of  the 
second  part,  his  heirs  and  assigns,  forever.  [If  there  is  any  encumbrance 
state  it  thus:  subject,  however,  to  a  certain  indenture  of  mortgage  for 
dollars,  and  dated  ,  18    ,  and  recorded  in  the  oflBce  of  , 

in  Liber        of  Mortgages,  at  page        ,  and  also  subject,  etc.] 

And  THE  SAID  A.  B  [not  naming  the  wife],  for  himself,  his  heirs,  execu- 
tors and  administrators,  does  covenant,  promise  and  agree  to  and  with  the 
said  party  of  the  second  part,  his  heirs  and  assigns,  that  the  said  A.  B.,  at 

But  Loomis  v.  Bedel  (11  K  H.,  74)  is  to  that  right.  Conistock  t>.  Smith,  13  Pick., 
the  contrary.  Compare  Frink  v.  Darst,  116,  holds  the  contrary  where  the  war- 
14  Ills.,  804  ;  Miller  v.  Ewiiig,  »5  Gush.,  84.  ranty  is  special.  But  such  covenant  ex- 
It  was  held  in  Loomis  v.  Bedel,  11  N.  tends  only  to  lands  and  tenements — that 
H.,  74,  that  a  covenant  to  warrant  and  i.-i,  to  what  is  permanent  and  immovable — 
deiend  the  premises,  refers  to  tiie  lands  and  does  not  include  water  or  easements, 
described,  and  not  merely  to  "the  ri^ht,  Mitchel  v.  Warner,  5  Conn.,  497. 
title  and  interest  of  ihe  grantor,"  even  (r)  Omit  these  words,  unless  a  wife 
where  the  deed  only  purports  to  convey  joins. 


340  ABBOTTS'  FORMS. 


Warrantv-Deed. 


the  time  of  the  sealing  and  delivery  of  these  presents,  is  lawfulh'  seized  in 
his  own  right  [or  otherwise,  as  the  case  may  be\  of  a  good,  absolute  and  in- 
defeasible estate  of  inheritance,  in  fee-sinii)le,  of  and  in  all  and  singular  the 
above  granted  and  described  premises,  with  the  appurtenances  {if  conveyed 
subject  to  encumhrance,  say,  subject  as  aforesaid] ;  and  has  good  right,  full 
power  and  lawful  authority  to  grant,  bargain,  sell  and  convey  the  same,  in 
manner  aforesaid.  And  that  the  said  party  of  the  second  part,  his  heirs 
and  assigns,  shall  and  may  at  all  times  hereafter,  peaceably  and  quietly 
have,  hold,  use,  occupy,  possess  and  enjoy  the  above-granted  prenii?es,  and 
every  part  and  parcel  thereof,  with  the  appurtenances,  without  any  let, 
suit,  trouble,  molestation,  eviction,  or  disturbance  of  the  said  party  [or, 
parties]  of  the  first  part,  his  [or,  their]  heirs  or  assigns,  or  of  any  other  per- 
son or  persons  lawfully  claiming  or  to  claim  the  same ;  *  and  that  the  same 
now  are  free,  clear,  discharged  and  unencumbered  of  and  from  all  former 
and  other  grants,  titles,  charges,  estates,  judgments,  taxes,  assessments  and 
encumbrances,  of  what  nature  or  kind  soever  *  [if  conveyed,  sulject  to  an 
encumbrance,  say,  except  as  aforesaid]. («)  And  also,  that  the  said  party 
[or,  parties]  of  the  first  part,  and  his  [or,  their]  heirs,  and  all  and  every 
other  person  or  persons  whomsoever,  lawfully  or  equitably  deriving  any 
estate,  right,  title  or'  interest,  of,  in  or  to  the  above-granted  premises,  by, 
from,  under  or  in  trust  for  him  [or,  them],  shall  and  will  at  any  time  or 
times  liereafter,  upon  the  reasonable  request,  and  at  the  proper  costs  and 
charges  in  the  law,  of  the  said  party  of  the  second  part,  his  heirs  and  as- 
signs, make,  do  and  execute,  or  cause  or  procure  to  be  made,  done  and  ex- 
ecuted, all  and  every  such  further  and  other  lawful  and  reasonable  acts, 
conveyances  and  assurances  in  the  law,  for  the  better  and  more  effectually 
vesting  and  confirming  the  premises  hereby  granted  or  intended  so  to  be  in 
and  to  the  said  party  of  the  second  part,  his  heirs  and  assigns,  forever,  as 
by  the  said  party  of  the  second  part,  his  heirs  or  assigns,  or  his  or  their 
counsel  learned  in  the  law,  shall  be  reasonably  devised,  advised  or  required. 
And  the  said  A.  B.  [not  naming  wife]  and  his  heirs,  the  above-described  and 
hereby  granted  and  released  premises,  and  every  part  and  parcel  thereof, 
with  the  appurtenances,  unto  the  said  party  of  the  second  part,  his  heirs  and 
assigns,  against  the  said  parties  of  the  first  part  and  their  heirs,  and  against 
all  and  every  person  and  persons  whomsoever,  lawfully  claiming  or  to  claim 
the  same,  shall  and  will  warrant,  and,  by  these  presents,  forever  defend. 

In  witness  whereof,  the  said  party  [or,  parties]  of  the  first  part  lias  [or, 
have]  hereunto  set  his  hand  and  seal  [or,  their  hands  and  seals],  the  day  and 
■  year  first  above  written.  [Signatures  and  seals.^ 


Signed,  sealed  and  delivered  ) 
in  the  presence  of  j 

[Signature  of  witness  ] 


(«)  The  words  between  the  *  *  consti-  eulargetnent  to    the    covenant    for  quiet 

tute  the  covenant  against  encumbrances,  possession,  it.s  connection   being  that  the 

as  it  now  generally  runs  in  deeds  in  New  grantee   and  hia  heirs,  etc.,  slionUl  enjoy 

York  and  some  other  States.     This  cove-  quiet  possession,  and  that,  free  of  all  en- 

naiit,  however,  in  its  original  form,  was  a  cumbrance.     For  that  form  of  the  covc- 

claupo  added  by  way  of  qualification  or  nant,  hcc  Form  624,  supra. 


DEEDS.  341 

Covenant  against  Nuisances. 

681.  Deed  With  Covenant  hy  Grantee  Against  Certain  Kinds  of  Building 
and  Occupations,  and  Against  Nuisances.(t) 

l^As  in  other  full  forms  to  the  habendum,  thence  a^  follows :']  To  have  and 
TO  HOLD  the  above-mentioned  and  described  premises,  and  every  part  and 
parcel  thereof,  with  the  appurtenances,  unto  the  said  party  of  the  second 
part,  his  heirs  and  assigns,  forever,  subject,  nevertheless,  to  the  covenants, 
conditions  and  restrictions  hereinafter  expressed.  And  the  said  party  of 
the  second  part,  for  himself,  his  heirs  and  assigns,  doth  covenant  and  agree 
to  and  with  the  said  A.  B.,  his  heirs,  executors,  administrators  and  assigns, 
as  follows — that  is  to  say,  that  the  party  of  the  second  part,  his  heirs  or 
assigns,  shall  not,  at  any  time  hereafter,  erect  or  cause  or  procure,  permit 
or  suifer  to  be  erected  upon  the  hereby  granted  premises,  or  any  part 
thereof,  any  building  other  than  a  building  of  brick  or  stone,  with  a  roof 
covered  with  slate,  tin,  zinc  or  other  metal;  nor  at  any  time  hereafter 
erect,  or  cause,  procure,  permit  or  suffer  to  be  erected,  upon  the  rear  of  the 
lot  or  lots  hereby  conveyed,  or  any  of  them,  any  building  to  be  u?ed 
or  occupied,  or  for  the  purpose  of  being  used  or  occupied,  as  a 
dwelling-house  or  habitation ;  nor  at  any  time  hereafter  erect  or 
cause  or  procure,  permit  or  suffer  to  be  erected,  upon  the  premises 
hereby  conveyed,  or  any  part  thereof,  any  building  to  be  used  or  occupied, 
or  for  the  purpose  of  being  used  or  occupied,  for  any  of  the  purposes  herein 
and  hereby  prohibited ;  nor  at  any  time  use  or  employ,  or  cause,  procure, 
permit  or  suffer  to  be  used  or  employed,  by  his  heirs  or  grantees,  les-ees, 
or  tenants,  of  said  premises,  or  any  part  thereof,  or  by  any  other  person 
holding  possession  of  said  premises,  or  any  pai't  thereof,  under  his  title,  any 
building  erected,  or  which  may  at  any  time  hereafter  be  erected,  on  said 
premises  or  any  part  thereof,  fur  the  use  or  purpose  of,  or  as,  a  brewery, 
distillery,  slaughter-house,  smith  sliop,  carpenter  shop,  forge  or  furnace, 
steam-engine,  brass  foundry,  nail  or  other  iron  foundry,  soap,  candle,  starch, 
varnish,  vitriol,  glue,  ink,  turpentine  or  bone  factory,  or  manufactory  of 
gunpowder,  or  any  bone-boiling  establishment  or  factory  for  tanning,  dress- 
ing or  prepai-ing  skins,  hides  or  leather,  or  a  cow  or  a  livery  stable,  or  cat- 
tle-yard or  hog  pen,  or  for  any  other  dangerous,  noxious  or  offensive  pur- 
pose or  establishment  whatsoever. 

And  that  the  said  party  of  the  second  part,  his  heirs  and  assigns,  shall  not 
carry  on,  prosecute,  conduct,  use  or  employ  or  procure,  cause,  permit  or 
suffer  to  be  carried  on,  prosecuted,  conducted,  used  or  employed  on  said 
premises,  or  any  part  thereof,  by  his  or  their  grantees,  lessees,  tenants  or 
by  any  person  in  possession  of  said  premises,  or  any  part  thereof,  any  steam- 
engine,  or  any  of  the  said  trades,  business,  machines  or  employnjents 
above  specified,  or  any  other  noxious,  offensive  or  dangerous  trade,  busi- 
ness or  employment. 

And  it  is  expressly  understood  and  agreed,  and  this  conveyance  is  made 
and  accepted  upon  the  express  condition  that  if  said  premises,  or  any  part 

(i)  For  a  form  of  ordinary  covenant  against  nuisances,  see  chapter  on  Covenants. 


342  ABBOTTS'  FORMS. 


Deed  with  Covenant  against  Nuisances. 


thereof,  or  any  building  thereon  erected  or  to  be  erected,  or  any  part  thereof, 
shall,  at  any  time,  be  used  or  procured,  permitted  or  suffered  to  be  used  by 
the  said  party  of  the  second  part,  his  heirs  or  assigns,  or  any  lessees,  tenants 
or  any  pei-sons  in  possession  thereof,  under  him,  them  or  either  of  them, 
for  any  of  the  purposes  above  prohibited;  or  if  any  of  the  said  machines, 
trades,  business  or  employments  shall  be  employed,  used,  carried  on,  prose- 
cuted or  conducted,  or  procured,  permitted  or  suffered  to  be  employed, 
used,  carried  on,  prosecuted  or  conducted  upon  said  premises,  or  any  part 
thereof;  or  if  said  party  of  the  second  part,  his  heirs  and  assigns,  shall 
neglect  or  fail  to  perform,  fulfil  and  keep  the  several  covenants  herein  con- 
tained, or  make  any  default  in  the  performance  or  fulfilment  of  said  cove- 
nants, or  any  or  either  of  them,  then  and  in  either  of  such  events  it  shall 
be  Liwful  for  the  said  A.  B.  and  his  heirs  and  assigns,  and  also  for  the  owner 
or  owners  of  any  lot  or  lots  adjoining,  or  in  the  neighborhood  of  the  prem- 
ises hereby  conveyed,  deriving  title  from  or  through  the  said  A.  B.,  and  he 
or  they  or  any  of  them  are  hereby  authorized  and  empowered  to  re-enter 
into  and  upon  said  premises  or  the  particular  lot  or  lots  in  respect  to  which 
such  covenant  or  covenants  may  have  been  broken,  or  neglected  or  omitted 
to  be  performed,  fulfilled*  and  kept,  and  without  notice  evict  all  persons 
therefrom  in  possession  thereof,  and  to  tear  down,  remove  therefrom  and 
sell  such  building  or  buildings  so  used  or  to  be  used  or  employed  for 
the  purposes  herein  and  hereby  prohibited,  or  either  of  them ;  and  also  to 
tear  down,  remove  therefrom  and  sell  all  fixtures,  utensils  and  appurtenances 
used  or  intended  to  be  used  for  the  purpose  of  carrying  on  or  conducting 
any  or  either  of  said  trades,  businesses  or  employments,  such  sales  to  be 
made  in  manner  and  form  as  sales  of  personal  property,  levied  on  by 
virtue  of  an  execution  ;  and  the  proceeds  thereof  applied  in  payment  of  any 
expenses  incurred  in  such  tearing  down,  removal  and  sale,  and  also  in  the 
payment  of  all  damages  sustained  or  occasioned  by  means  of  the  breach  of 
the  covenant  or  covenants  aforesaid,  and  the  surplus,  if  any,  to  be  returned 
to  the  owner  or  owners  of  the  particular  lot  or  lots  aforesaid.  And  it  is 
expressly  understood  and  agreed,  that  the  said  several  covenants  on  the  part 
of  the  said  paity  of  the  second  part,  above  specified,  shall  attach  to  and 
run  with  the  land,  and  it  shall  be  lawful  not  only  for  the  said  A.  B.,  his 
heirs  and  assigns,  but  also  for  the  owner  or  owners  of  any  lot  or  lots  ad- 
joining or  in  the  neighborhood  of  the  premises  hereby  granted,  deriving 
title  from  or  through  said  A.  B.,  to  institute  and  prosecute  any  proceeding 
at  law  or  in  equity  against  the  person  or  persons  violating  or  threatening 
to  violate  the  same,  it  being  understood,  however,  that  this  covenant  is  not 
to  be  enforced  personally  for  damages  against  the  said  party  of  the  second 
part,  his  heirs  or  assigns,  unless  he  or  they  be  the  owner  or  owners  of  the 
said  premises,  or  of  some  part  thereof,  at  the  time  of  a  violation  of  the  said 
covenant,  or  of  a  threatened  or  attempted  violation  thereof;  but  the  said 
covenant  may  be  proceeded  on  for  an  injunction  of,  and  for  a  specific  execu- 
tion thereof,  against  the  said  party  of  the  second  part,  his  heirs  or  assigns, 
and  for  damages  against  the  party  or  parties  \aolating  the  said  covenant, 
his  or  their  heirs,  executors,  administrators  or  assigns. 
[Proceed  with  other  covenants,  as  in  other  cases.] 


DEEDS.  343 

Warranty.  Attestation, 

Ix  WITNESS  WHEREOF,  the  parties  to  these  presents  have  hereunto  inter- 
changeably set  their  hands  and  seals,  the  day  and  year  first  above  written. 
Signed,  sealed  and  delivered  |  [Signatuj'ea  and  seals.] 

in  the  presence  of  j 

[Signatu7-e  of  witness.] 

682.  Short  Form  of  Warranty-Deed. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  county 

of  ,  and  State  of  ,  farmer,  in  consideration  of  dol- 

lars, to  me  paid  by  Y.  Z.,  of  ,  in  the  county  of  ,  and  State 

of  ,  the  receipt  whereof  is  acknowledged,  do  grant,  bargain,  sell 

and  confirm  unto  the  said  Y.  Z.,  his  heirs  and  assigns,  forever,  all  [here  in- 
sert description],  with  the  appurtenances.  And  I  do,  for  myself  and  my 
heirs,  executors  and  administrators,  covenant  with  the  said  Y.  Z.,  his  heirs 
and  assigns,  that  at  the  time  of  making  this  conveyance  I  am  well  seized  of 
the  premises,  as  of  a  good  and  indefeasible  estate  in  fee-simple,  and  have 
good  right  to  bargain  and  sell  the  same,  as  aforesaid,  and  that  the  same  are 
free  from  all  encumbrance  whatsoever ;  and  the  above-granted  premises,  in 
the  quiet  and  peaceable  possession  of  the  said  Y.  Z.,  and  his  heirs  and  as- 
signs, I  will  warrant  and  forever  defend. 

In  witness  wheheof,  I  have  hereunto  set  my  hand  and  seal,  the  day 

of  ,  in  the  year  one  thousand  eight  hundred  and 

Signed,  sealed  and  delivered )  lSignatu7-e  and  seal.] 

in  presence  of  J 

{Signature  of  witness.] 

683.  Attestation  of  a  Deed  in  Which  Erasures  or  Interlineations  Appear. 

In  witness  wuereof,  the  said  party  of  the  first  part  has  hereunto  set  his 
hand  and  seal,  the  day  and  year  first  above  written. 

[Signature  and  seal.] 
Sealed  and  delivered  in  the  presence 

of  (the  word  "five,"  on  the  first 

page,  was  erased,  the  words  "  be 

the  same  more  or  less"  written  over 

an  erasure ;   on  the  second  page, 

the  words  "  or  assigns,"  interlined 

in    three    places,   and    the  word 

"  forthwith"  cancelled  on  the  third 

page,  before  execution). 
[Signature  of  witness.] 

Deeds  By  or  To  Fartieular   Classes  of  Parties^  Such  as  Corporations, 
Officers,  Trustees,  etc. 

684.  Deed  By  a  Corporation. 

This  indentueb,  made  this  day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  the  [here  insert  the  legal  title  of  the 


344  ABBOTTS'  FORMS. 


Deeds  by  or  to  Corpomtions. 


corporation]  of  ,  parties  of  the  first  part,  and  Y.  Z.,  of  the  same  place, 

party  of  the  second  part,  witnesseth,  that  the  said  parties  of  the  first  part, 
in  consideration  of  the  sum  of  dollars  [thence  proceeding  as  in  other 

deeds  to  the  covenants,  each  0/ which  will  begin  thus] :  And  the  said  parties 
of  the  first  part  [or  name  the  corporation],  for  themselves  and  their  suc- 
cessors, do  covenant  [etc.,  continuing  as  in  other  cases]. 

In  witness  wheeeof,  the  said  parties  of  the  first  part  have 

hereunto  caused  their  corporate  seal  to  be  afllxed,  and  these 

[Corporate      presents  to  be  subsci-ibed  by  their  president  and  cashier 

seal.]  [or,  secretary,  or  other  officer  or  officers,  as  the  corporation 

may  order].  [Signatures  of  officers.] 

685.  The  Same;   When  All  the  Directors  Sign. 

[Aa  in  the  preceding  form  to  the  attestation,  which  will  he :] 

In  witness  whekeof,  the  president,  directors  and  company  of 

[naming  the  coiporation],  have  hereunto  set  their  corporate 

^Corporate      seal  by  the  hands  of  their  president  and  directors,  and  the 

ieal.]  president   and   directors  have  hereunto   subscribed  their 

names  this  day  of  ,  18     [or,  the  day  and  year 

first  above  written].  [Signature  of]  President. 

[Signatures  ) 

of         >  Directors. 
the]        ) 

686.  The  Same;  By  a  Municipal  Corporation. 

[As  in  the  preceding  form  to  the  attestation,  which  will  le :] 

In  witness  wheeeof,  the  said  parties  of  the  first  part  have 
[Corporate     hereunto  caused  the  common  seal  of  the  said  city  of 
seal.]  to  be  affixed,  the  day  and  year  first  above  written. 

[Signature  of]  Mayor. 
By  the  Common  Council, 
[Signature  of]  Clerk. 

687.  Deed  To  a  Corporation. 

This  indenttjee,  made  this         day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A,  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  merchant,  of  the  first  part,  and  the  [here  insert  the 

legal  title  of  the  corporation]  of  ,  parties  of  the  second  part,  witness- 

eth, that  the  said  party  of  the  first  part,  in  consideration  of  the  sum 
of  dollars,  to  him  in  hand  paid  by  the  said  parties  of  the  second  part, 

the  receipt  whereof  is  hereby  acknowledged,  and  the  said  parties  of  the 
second  part  and  their  successors,  forever  released  and  discharged  from  the 
same,  by  these  presents,  have  granted,  bargained,  sold,  aliened,  remised, 
released,  conveyed  and  confirmed,  and  by  these  presents  do  grant,  bargain, 
sell,  alien,  remise,  release,  convey  and  confirm  unto  the  said  parties  of  the 
second  part  and  to  their  successors  and  assigns  forever,  all  [here  insert 


DEEDS.  815 

By  or  to  particular  Classes  of  Parties. 

description^  etc.,  as  in  other  deeds,  down  to  the  words  to  have  and  to  hi.Ll, 
thence  continuing  thus :] 

To  HAVE  AND  TO  HOLD  all  and  singular  the  above  mentioned  and  descnoed 
premises,  together  with  the  appurtenances,  unto  the  said  parties  of  the 
second  part,  their  successors  and  assigns,  forever.  And  the  said  A.  i?.,  for 
himself  and  his  heirs,  executors  and  administrators,  does  covenant,  promij^e 
and  agree  to  and  with  the  said  parties  of  the  second  part,  that  [etc.,  con- 
tinuing as  in  other  cases,  hut  naming  '■'■successors''''  instead  of  '■'■heirs, 
executors^''  etc.,  of  the  parties  of  the  second  part], 

688.  Deed  Releasing  to  Heirs  or  Devisees. 

[The  habendum  may  be  as  follows:]  To  have  akd  to  hold  the  premises 
hereby  granted,  with  the  appurtenances,  unto  the  said  parties  of  the  second 
part,  their  heirs  and  assigns,  to  the  only  proper  use,  benefit,  and  behoof  of 
the  said  parties  of  the  second  part,  their  heirs  and  assigns,  forever,  accord- 
ing to  their  respective  estates,  rights,  titles  or  interests,  as  devisees  or 
persons  entitled  to  the  real  property  of  the  said  M.  N.,  deceased. 

689.  Deed  Executed  By  An  Attorney  in  Fact, 

This  indenttjee,  made  this  day  of  ,  in  the  year  one  thou- 

sand eight  hundred  and  ,  between  A.  B.  [naming  the  principal(u)'], 

of  ,  merchant,  of  the  first  part,  and  Y.  Z.  [etc.,  proceeding  as  in  case 

of  a  deed  executed  by  the  principal]. 

Is  WITNESS  WHEBEOF,  the  Said  party  of  the  first  part  [or  name  the  prin- 
cipal] has  hereunto,  by  0.  D.,  his  attorney  in  fact,  set  his  hand  and  seal 
the  day  and  year  first  above  written.  A.  B.  [Seal,] 

by  0.  D.  his  attorney.('B) 

690.  Another  Form ;  deferring  to  the  Power  Annexed. 

[As  in  preceding  form,  concluding  thus:] 

In  witness  wheeeof,  C.  D.,  in  pursuance  of  a^letter  of  attorney,  hereunto 
annexed  [or,  a  copy  of  which  is  hereunto  annexed],  bearing  date  the 
day  of  ,  18    ,  hath  set  the  hand  and  seal  of  the  said  principal  A.  B. 

Signed,  sealed  and  delivered )  A.  B.  [Seal,] 

in  presence  of  )  by  C.  D.  his  attorney. 

[Signatures  of  witnesses.] 

(w)  It  is  tlie  general  rule,  that  it  is  indis-  frame  of  the  conveyance,  that  it  is  the 

pensable,  to  give  validity  to  a  deed  made  deed  of  the  principal.     Tlie  name  of  the 

by  an  attorney,  that  it  should  be  made  in  principal    must    be   signed.      Fowler  v. 

the  name  of  the  principal.    Coombe's  Case,  Shearer,  7  J/(/«».,  14  ;  Towusend  ».  Hub- 

9  Co.,  76;  Elwell  v.  Shaw,  16  Mass.,  42;  bard,  4  Mil,  351. 

Spencer  «.  Field,  10  Wend.,  87.     It  is  not        This  is  the   appropriate   form   of   sig- 

enough  that  it  be  in  name  of  the  agent,  de-  nature.     But  it  is  not  material  whether 

scribing  him  as  such.    This  rule,  however,  the  signature  be  "  A.   B.   by  C.  D.  his 

is  much  relaxed  in  some  of  the  States.  attorney,"  or,  "  C.  D.  for  A.  B."    Worrall 

(«)  It  is  not  sufficient  to  declare  in  the  v.  Munn,  5  iV.  Y.  (1  Seld.),  229. 


346  ABBOTTS'  FORMS. 


Deed  by  Executors,  etc. 


691.  Deed  By  Authority  of  the  Legislature.(w) 

This  indentuee,  made  this         day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  the  city  of  ,  gentleman, 

of  the  first  part,  and  Y.  Z.,  of  the  same  place,  of  the  second  part;  "wherhas 
the  said  A.  B.,  by  virtue  of  sundry  conveyances,  acts  of  the  legislature,  and 
orders  of  the  court  of  chancery  of  the  State  of  ,  has  been  empo\vered(3;) 

to  sell,  or  mortgage,  or  convey  [in  satisfaction  of  any  debt  due  from  him  to 
any  person  or  persons],  the  estate  at  .  ,  devised  by  C.  B.,  deceased,  for 
the  benefit  of  the  said  A.  B.  and  his  children,  or  any  part  thereof;  and 
whereas  the  said  A.  B.  is  indebted  to  the  said  party  of  the  second  part  in  a 
large  sum  of  money :  Now,  tiiekefore,  this  indenture  witnesseth  that  the 
said  A.  B.,  in  consideration  of  [ete.^  proceeding  as  in  other  cases]. 


692.  Deed  ly  Executors. 

This  iNDKNTTJEE,  made  this        day  of  ,  one  thousand  eight  hundred 

and  ,  between  A.  B.,  of  the  city  of  ,  in  the  State  ofN  , 

executor  [or,  sole  acting  executor;  or,  sole  surviving  executor;  or,  if  there 
are  several,  say :  A.  B.,  of,  etc.,  and  C.  D.,  of,  etc.,  executors]  of  the  last 
will  and  testament  of  M.  N.,  late  of  ,  in  the  county  of  ,  and 

State  of  ,  deceased,  of  the  first  part,  and  Y.  Z.,  of  ,  in  the  county  of 
,  farmer,  of  the  second  part,  witnesseth  :  That  the  said  party  [or,  par- 
ties] of  the  first  part,  by  virtue  of  the  power  and  authority  to  him  [or,  them] 
given  in  and  by  the  said  last  will  and  testament,  and  in  consideration  of  the 
sura  of  dollars  to  hiin  [or,  them]  paid  by  the  said  party  of  the  second 

part,  the  receipt  whereof  is  hereby  acknowledged,  has  [or,  have]  granted, 
bargained,  sold,  aliened,  remised,  released,  conveyed  and  confirmed,  and 
by  these  presents  does  [or,  do]  grant,  bargain,  sell,  alien,  remise,  release, 
convey  and  confirm,  unto  the  said  party  of  the  second  part,  his  heirs  and 
assigns,  forever,  all  [here  insert  description],  together  with  all  and  singular 
the  tenements,  hereditaments  and  appurtenances  thereunto  belonging,  or  iu 
any  wise  appertaining ;  and  the  reversion  and  reversions,  remainder  and  re 
mainders,  rents,  issues  and  profits  thereof;  and  also  all  the  estate,  right, 
title,  interest,  property,  possession,  claim  and  demand  whatsoever,  both  iu 
law  and  equity,  which  the  said  testator  had  in  his  lifetime,  and  at  the  time 
of  his  decease,  and  which  the  said  party  [or,  parties]  of  the  first  part  [or 
either  of  them,  have  or]  has,  by  virtue  of  the  said  last  will  and  testament, 
or  otherwise,  of,  in  and  to  the  above-granted  premises,  and  every  part  and 
parcel  thereof,  with  the  appurtenances.  To  have  and  to  hold  all  and 
singular  the  above-granted  premises,  together  with  the  appurtenances,  and 

(w)  Where  there  is  a  long-settled  usage  Pick.,  409 ;  Cofran  v.  Cockran,  5  K  /T.,  458. 

for  persons  acting  under  a  power  from  (x)  These  recitals  are  not  essential  to 

the  Government  to  convey  iu  their  own  the  validity  of  the  deed,  but  are  a  con  • 

name,  such  a  conveyance  is  valid  unless  venient  method  of  preserving  evidence ; 

otherwise  directed  by  the  authority  under  and  they  may  be  made  more  full  by  citing 

which  it  is  made.  Ward  v.  Bartholomew,  6  the  particular  acts  relied  on. 


DEEDS.  347 

By  Executors. 

every  part  thereof,  unto  the  said  party  of  the  second  part,  his  heirs  and  as- 
signs, forever.  * 

And  the  said  party  [or,  parties]  of  the  first  part,  for  himself,  his  [or^ 
themselves,  their]  heirs,  executors  and  administrators,  does  [or,  do]  cov- 
enant, promise  and  agree,  to  and  with  the  party  of  the  second  part,  that  he 
is  [or.  they  are]  lawfully  the  executor  [s]  of  the  last  will  and  testament  of 
said  M,  N.,  and  has  [or,  have]  power  to  convey  as  aforesaid,  and  has  [or, 
have]  in  all  respects  acted,  in  making  this  conveyance,  in  pursuance  of  the 
authority  granted  in  and  by  the  said  last  will  and  testament;  and  that 
he  has  [or,  they  have]  not  made,  done  or  suffered  any  act,  matter  or  thing 
whatsoever,  since  he  was  [or,  they  were]  executor  as  aforesaid,  whereby 
the  above-granted  premises,  or  any  part  thereof,  are,  shall  or  may  be  im- 
peached, charged  or  encumbered  in  any  manner  whatsoever. 

[If  a  covenant  of  seizin  is  inserted,  it  will  be  as  in  Form  619.] 

In  witness  whereof,  the  said  party  [or,  parties]  of  the  first  part  has  [or, 
have]  hereunto  set  his  hand  and  seal  [or,  their  hands  and  seals]  the  day  and 
year  first  above  written. 

Signed,  sealed  and  delivered )  A.  B.,  Executor,  etc.  [x?eaZ,] 

in  presence  of  f 

[Signature  of  witness.] 

693.  Deed  by  Survivors  of  the  Acting  Executors. 

This  rsttEirruEE,  made  this        day  of  ,  in  the  year  18    ,  between 

A.  B.,  of  the  county  of  ,  and  C.  B.,  of  the  county  of  ,  as  exec- 

utors, parties. of  the  one  part,  and  Y.  Z.,  of  the  city  of  ,  of  the  other 

part:  Whkeeas,  M.  B.,  late  of  ,  deceased,  did,  by  his  last  wUl  and 

testament,  give,  bequeath  and  devise  to  his  executors  therein  named  all 
of  his  estate,  real  and  personal,  not  otherwise  devised,  upon  trust,  for  the 
purposes  therein  expressed,  with  power  unto  them,  or  such  of  them  as 
might  qualify,  and  the  survivors  and  survivor  of  them,  to  sell  any  part 
thei-eof  which  might  be  necessary,  and  to  convey  the  same  to  the  purchaser 
or  purchasers ;  and  the  said  testator,  by  his  said  last  will  and  testament, 
gave  to  his  said  executors  discretionary  power  and  authority,  in  the  case  of 
real  estate,  to  sell  for  cash,  or  upon  such  credit  as  they  might  deem  most 
advisable,  and  conducive  to  the  interest  of  his  estate;  taking  good  security 
from  the  purchasers,  and  also  a  lien  on  the  said  real  estate,  to  secure  the 
payment  of  the  purchase-money  ;  and  he,  the  said  testator,  did,  by  his  said 
will  and  testament,  constitute  and  appoint  0.  P.  and  his  sons,  A.  B.,  C.  B. 
and  D.  B.,  executors  thereof:  And  whereas  the  said  will  [and  a  codicil 
thereafter  written]  were  proved  and  admitted  to  record  in  the  Court  of 
,  at  ,  on  the        day  of  >  18     ,  and,  on  the         day  of         , 

the  said  A.  B.,  0.  B.  and  D.  B.,  three  of  the  said  executors,  qualified  as 
such,  by  [)erforming  what  was  necessary  for  obtaining  a  probate  of  the  said 
will  and  codicil,  and  the  said  O.  P.  renounced  the  same;  and  whereas,  after 
undertaking  the  said  executorship,  tlie  said.D.  B.  departed  this  fife,  and  the 
said  A.  13.  and  C.  B.  survived  him,  and  by  virtue  of  the  power  vested  in 
them,  as  surviving  executors  of  said  will,  they,  the  said  A.  B.  and  C.  B., 


348  ABBOTTS'  FOKMS. 


Deeds  by  Executors. 


have  bargained  to  sell  to  the  said  Y.  Z.  the  lot  or  piece,  of  ground  herein- 
after mentioned  for  the  sum  of  dollars,  payable  as  follows — viz., 
dollars  on  the  delivery  of  these  presents,  and  the  residue  in  three  equal  an- 
nual instalments,  carrying  interest  from  the  day  of  ,  the  punctual 
payment  of  the  sjud  three  sums  of  money  to  be  secured  by  negotiable  notes 
with  approved  indorsers,  and  a  deed  of  trust  on  the  property  sold  :  Now 
THIS  INDENTURE  WITNESSETH :  That  the  said  A.  B.  and  0.  B.,  as  surviving 
executors  of  the  last  will  and  testament  of  the  said  testator,  for  and  in  con- 
sideration of  the  said  sum  of  paid  and  secured  to  be  paid  as  aforesaid, 
and  also  in  consideration  of  the  sum  of  one  dollar,  to  them  in  hand  paid, 
have  [etc.,  as  in  other  forma]. 


694.  Deed  hy  Executors,  Reciting  the  Power  and  the  Facts  on  Which  Its 
Execution  Depends.iy) 

This  indenture,  made  this        day  of  ,  one  thousand  eight  hun- 

dred and  ,  between  A.  B.,  of  ,  in  the  county  of  ,  and 

State  of  [and  C.  D.,  of,  etc.].  executor  [s]  of  the  last  will  and  testa- 

ment of  M.  N.,  late  of  ,  aforesaid,  deceased,  of  the  first  part,  and  Y. 

Z.,  of  ,  in  the  county  of  ,  farmer,  of  the  second  part,  witnesseth : 

Whereas  the  said  Y.  Z.,  by  his  said  last  will  and  testament,  bearing  date 
the        day  of  »  18    ,  devised  the  lands  hereinafter  mentioned  to  his 

executors  aforesaid,  in  trust,  to  hold  the  same  during  the  minority  of  his 
son,  N.  N.,  and  on  his  attaining  majority,  or  on  his  death,  if  it  should 
sooner  occur,  to  sell  and  convert  the  same  into  money  for  the  purposes  in 
said  will  specified,  with  power  in  such  case  to  sell  in  such  manner  as  they 
should  deem  proper :  and  whereas  the  said  M.  N.  died,  on  the  day  of 

,  18,  before  attaining  majority: 

Now  THIS  INDENTURE  WITNESSETH  :  That  the  said  party  [or,  parties]  of  the 
first  part,  by  virtue  of  the  power  and  authority  to  him  [or,  them]  given  in 
and  by  the  said  last  will  and  testament,  and  in  consideration  of  the  sura  of 
dollars  to  him  [or,  them]  paid  by  the  said  party  of  the  second  part, 
the  receipt  whereof  is  hereby  acknowledged,  has  [or,  have]  granted,  bar- 
gained, sold,  aliened,  remised,  released,  conveyed  and  confirmed,  and  by 
these  presents  does  [or,  do]  gi'ant,  bargain,  sell,  alien,  remise,  release,  con- 
vey and  confirm,  unto  the  said  party  of  the  second  part,  his  heirs  and  as- 
signs, forever,  all  [here  insert  description"],  Togethek  with  all  and  singular 
the  tenements,  hereditaments  and  appurtenances  thereunto  belonging,  or 
in  any  wise  appertaining;  and  the  reversion  and  reversions,  remainder  and 
remainders,  rents,  issues  and  profits  thereof ;  and  also  all  the  estate,  right, 
title,  interest,  property,  possession,  claim  and  demand  whatsoever,  both  in 
law  and  equity,  wliich  the  said  testator  had  in  his  lifetime,  and  at  the  time 
of  his  decease,  and  which  the  said  party  [or,  parties]  of  the  first  part  [or, 

(y)  When  a  deed  is  made  pursuant  to  not  necessary,  is  advisable,  as  the  recitals 

a  power,  it   is  usual   to  recite  the  facts  may   be   evidence  after    lapse   of  years, 

which  must  take  place  in  order  to  a  valid  Ward  v.  Bartholomew,  6  Pick.,  409. 
execution  of  the  power.    This,  though 


DEEDS.  349 

By  Executors. 

either  of  them,  have  or]  has  by  virtue  of  the  said  last  will  and  testament, 
or  otherwise,  of,  in  and  to  the  above-granted  premises,  and  every  part  and 
parcel  thereof,  with  the  appuitenances:  To  have  and  to  hold  all  and 
singular  the  above-granted  premises,  together  with  the  appurtenances,  and 
every  part  thereof,  unto  the  said  party  of  the  second  part,  his  heirs  and  as- 
signs, forever*. 

[Continue  and  conclude  as  in  Form  QQ2,/rom  the  *.] 

695.  Deed  hy  Several  Executors  Covenanting  Severally  and  Each  for  Him- 

self Alone. 

\As  in  either  preceding  form  to  the  *,  thence  continuing  thus ;]  And  the 
said  parties  of  the  first  part,  each  for  himself,  his  heirs,  executors  and  ad- 
ministrators, does  severally  and  not  jointly,  nor  the  one  for  the  other,  or 
for  the  act  or  deed  of  the  other,  but  each  for  his  own  acts  only,  covenant, 
promise  and  agree,  to  and  with  the  said  party  of  the  second  part,  that  he 
is  lawfully  the  executor  of  the  last  will  tmd  testament  of  the  said  M.  N"., 
and  has  power  to  convey  as  aforesaid,  and  has  in  all  respects  acted,  in  mak- 
ing this  conveyance,  in  pursiiance  of  the  authority  granted  in  and  by  the 
said  last  will  and  testament;  and  that  he  has  not  made,  done,  or  suf- 
fered any  act,  matter  or  tljing  whatsoever,  since  he  was  executor  as  afore- 
said, whereby  the  above-granted  premises,  or  any  pf\rt  thereof,  are,  shall 
or  may  be  impeached,  charged  or  encumbered,  in  any  manner  whatsoever. 

[If  a  covenant  of  seizin  is  inserted,  itwillbe  as  in  Form  619.] 

In  witness  whereof,  the  parties  of  the  first  part  ha^e  hereunto  set  their 
hands  and  seals,  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered  [  A.  B.,  Executor,  etc.  [Seal.] 

in  presence  of  )  C.  D.,  Exeirator,  etc.  [Seal.] 

[Signature  of  witness.] 

696.  Deed  by  Executor  or  Administrator,  Selling  iy  Order  of  Court  for 

Payment  of  Debts. 

To  ALL  to  whom  these  presents  shall  come :  I,  A.  B.,  of        ,  in  the  county 
of  ,  in  the  State  of  ,  executor  of  the  last  will  and  testa- 

ment [or,  administrator  of  the  goods,  chattels  and  credits  which  were] 
of  M.  N,  late  of  ,  deceased,  send  greeting: 

"Whereas,  by  an  order  of  the  surrogate  of  the  county  of  ,  made 

at  a  court  held  at  ,  and  for  the  said  county  of  ,  on  the 

day  of  last  past,  upon  an  application  duly  made,  I,  the  said 

A.  B.,  was  licensed  and  empowered  to  sell,  and  pass  deeds  to  convoy 
the  real  estate  of  the  said  M.  K,  hereinafter  described;  and  whereas 
I,  the  said  A.  B.,  having  given  due  public  notice  of  the  intended  sale, 
by  causing  a  notice  of  the  time  and  place  thereof  to  be  posted  for 
weeks  at  three  of  the  most  public  places  in  the  town  [o?-,  ward],  where  the 
sale  was  had,  and  also  to  be  published  for  weeks,  successively,  in  the 

newspaper  called  the  ,  printed  in  ,  agreeably  to  the  order  and 

direction  of  said  court;  and  having  given  the  bond  and  taken  the  oath,  by 
law  in  such  cases  required,  previous  to  fixing  upon  the  time  and  place  of 


350  ABBOTTS'  FORMS. 


Deeds  by  Executors. 


sale,  did,  on  the  day  of  instant,  pursuant  to  the  license  and 

notice  aforesaid,  sell  by  public  auction  the  real  estate  of  the  said  M.  N., 
hereinafter  described,  to  Y.  Z.,  of  ,  in  the  county  of  ,  for  the 

sum  of  dollars,  he  being  the  highest  bidder  therefor :     No\r,  there- 

FOKE,  know  ye,  that  I,  the  said  A.  B.,  by  virtue  of  the  power  and  authority 
in  me  vested,  as  aforesaid,  and  in  consideration  of  the  aforesaid  sum  of 
dollars,  to  me  paid  by  the  said  Y.  Z.,  the  receipt  whereof  is  hereby 
acknowledged,  do  hereby  grant,  bargain,  sell  and  convey,  unto  the  said  Y. 
Z.,  his  heirs  and  assigns,  forever,  all  [here  insert  description  of  the  premises']. 
To  HAVE  AND  TO  HOLD  the  abovc-granted  premises,  to  the  said  E.  F.,  his  heirs 
and  assigns,  to  his  and  their  use  and  behoof  forever.  And  I,  the  said  A.  B., 
for  myself,  my  heirs,  executors  and  administrators,  do  hereby  covenant  with 
the  said  Y.  Z.,  his  heirs  and  assigns,  that  in  pursuance  of  the  order  afore- 
said, I  took  the  oath  and  gave  the  bond,  by  law  required,  and  gave  public 
notice  of  said  sale,  as  above  set  forth,  and  in  all  things  observed  the  require- 
ments of  the  law,  and  of  said  orders  in  said  sale. 

Ix  WITNESS  WHEREOF,  I,  the  Said  A.  B.,  have  hereunto  set  my  hand  and 
seal,  this        day  of  ,  one  thonsand  eight  hundred  and 

Signed,  sealed  and  delivered  )  {^Signature^  title  and  seal,] 

in  presence  of  J 

[Signature  o/witness.] 

697.  The  Same  ;  Setting  forth  the  Orders  at  Large.(z) 

To  ALL  to  whom  these  presents  shall  come :  I,  A.  B.,  of  ,  in  the 

county  of  in  the  State  of  ,  executor  of  the  last  will  and 

testament  [or,  administrator  of  the  goods,  chattels  and  credits  which 
were]  of  M.  N.,  late  of  deceased,  send  greeting: 

"Whereas  the  surrogate  of  the  county  of  ,  at  a  court  held  at  , 

on  the        day  of  ,18    ,  upon  application  duly  made  by         ,  granted 

an  order  for  the  sale  of  certain  real  property  of  the  said  M.  N.,  which  order 
is  as  follows  [here  set  forth  at  large  the  original  order  authorizing  the  sale]; 
and  whereas,  pursuant  to  law  and  to  the  terms  of  said  order,  upon  giving 
the  bond  and  taking  the  oath,  and  upon  due  notice,  a  sale  was  made  by 
me  by  public  auction,  to  the  said  Y.  Z.,  of  the  hereinafter-granted  prem- 
ises, being  [a  part  of]  the  same  premises  described  in  said  order,  for  the 
sum  of  dollars,  he  being  the  highest  bidder  therefor  ;  and  whereas  a 

return  was  by  me  duly  made  to  the  said  surrogate  of  my  proceedings  on 
said  order  of  sale ;  and  upon  his  examining  the  same,  it  appeared  to  the 
said  surrogate  that  such  sale  was  legally  made  and  fairly  conducted,  and 
that  the  sum  bid  was  not  disproportionate  to  the  value  of  the  property 
sold  [or,  if  disproportionate,  that  a  greater  sura  than  above  specified  can- 
not be  obtained] ;  and  he  thereupon,  and  on  the  day  of  ,  18  . 
made  an  order  confirming  the  sale  and  directing  a  conveyance  [or,  convey- 
ances] to  be  executed,  which  order  is  as  follows  [here  set  it  forth  at  large]. 
Now,  THEKEFOKE,  know  yc,  that  I,  the  said  A.  B.,  by  virtue  of  the  power 
and  authority  in  me  vested  as  aforesaid,  and  in  consideration  of  the  afore- 

(3)  This  is  required  by  the  Statutes  of  New  York.    2  Bev.  Stat.,  105,  §31. 


DEEDS.  351 

By  Executors. 

said  sum  of  dollars,  to  me  paid  by  the  said  Y.  Z.,  the  receipt  whereof 

is  hereby  acknowledged,  do  hereby  grant,  bargain,  sell  and  convey,  unto 
the  said  Y.  Z.,  his  heirs  and  assigns,  forever,  all  [here  insert  description  of 
the  premises].  To  have  and  to  hold  the  above-granted  premises,  to  the 
said  Y.  Z.,  his  heirs  and  assigns,  to  his  and  their  use  and  behoof,  forever. 
And  I,  the  said  A.  B.,  for  myself,  my  heirs,  executors  and  administrators, 
do  hereby  covenant  with  the  said  Y.  Z.,  his  heirs  and  assigns,  that  in  pur- 
suance of  the  order  afuresaid,  I  took  the  oath  and  gave  the  bond  bylaw  re- 
quired, and  gave  public  notice  of  said  sale,  as  above  set  forth,  and  in  all 
things  observed  the  requirements  of  the  law  and  of  said  order  in  said  sale. 

In  witness  whereof,  I,  the  said  A.  B.,  have  hereunto  set  my  hand  and 
seal,  this        day  of  ,  one  thousand  eight  hundred  and 

Signed,  sealed  and  delivered  )  [Signature,  title  and  seal.} 

in  presence  of  J 

[Signature  0/ witness.] 


698.  Deed  by  JEa^cutor,  Conveying  by  Order  of  Court  Pursuant  to  Contract 
of  Testator,  Duly  Proved  and  Recorded.{a) 

This  indentuee,  made  this  day  of  ,  between  A.  B.,  of  , 

surviving  executor  of  the  last  will  and  testament  of  M.  IsT.,  late  of  the  same 
place,  deceased,  of  the  one  part,  and  Y.  Z.,  of  ,  merchant,  of  the  second 
part ;  Whereas  the  said  M.  N.,  by  force  and  virtue  of  divers  good  convey- 
ances and  assurances,  in  the  law  duly  had  and  executed,  became  in  his  life- 
time lawfully  seized  in  his  demesne  as  of  fee,  of  and  in  a  certain  [here  de- 
scribe the  premises]  with  the  appurtenances;  and  being  so  thereof  seized, 
did,  on  or  about  the  year  ,  enter  into  a  contract  with  a  certain  J.  K., 
for  the  sale  of  a  certain  tract  of  land  [part  of  the  premises  aforesaid]  con- 
taining by  computation  about  acres,  be  the  same  more  or  less,  bounded 
[etc.,  describing  it  as  in  the  agreement],  for  the  sum  of  dollars  per 

acre ;  part  whereof — to  wit :  dollars  were  paid  by  the  said  J.  K.  to  the 
said  M.  N.,  in  his  lifetime,  etc.  And  the  said  Y.  Z.  doth  allege,  that  by 
divers  mesne  conveyances  and  assurances  in  the  law,  the  right  and  interest 
of  the  said  J.  K.,  of,  in  and  to  the  aforesaid  tract  of  land,  is  now  vested  in 
him  the  said  Y.  Z.,  subject  to  the  payment  of  the  residue  of  the  purchase- 
money  aforesaid  with  interest.  And  whei'eas  the  said  M.  N.  did  not  com- 
ply with  the  said  contract  in  his  lifetime,  nor  was  there  any  sufficient  pro- 
vision made  by  him  for  the  performance  thereof;  and  whereas,  agreeably  to 
t'no  provisions  and  directions  contained  in  the  act  of  general  assembly  of 
this  commonwealth,  passed  the        day  of  ,  a.  d.        ,  entitled         , 

the  said  Y.  Z.  did,  on  the         day  of  ,  cause  and  procure  the  said 

recited  contract  to  be  duly  proved  in  the  Court  of  Common  Pleas  of  the 
said  county  of  ,  which  proof  was  adjudged  by  the  said  court  to  be 

sufficient ;  and  ,  Esq.,  prothonotary  of  the  same  court,  on  the  same 

day  and  year,  did  annex  the  same  to  the  said  contract,  and  did  certify  the 
Bame  under  his  hand  and  the  seal  of  the  said  court;  and  thereupon  the 

(a)  This  form  is  from  Grayd.  Forms  (Penn.),  4  ed.,  238. 


352  ABBOTTS'  FORMS. 


Deeds  by  Executors. 


same  was,  on  the         day  of  last  past,  recorded  in  the  oflSce  for  re- 

cording of  deeds  of  the  said  county  of  ,  in  book  ,  page  .  And 
whereas  the  said  A.  B.,  as  executor  aforesaid,  preferred  his  petition  to  the 
said  court,  praying  leave  to  make  and  execute  a  deed  of  conveyance  to  the 
said  Y.  Z.  and  his  heirs,  for  the  said  tract  of  land  (whicli  by  a  survey  thereof 
lately  made  has  been  found  to  contain  acres,  and  is  butted,  bounded 
and  described  as  hereinafter  mentioned),  with  the  appurtenances,  according 
to  the  true  intent  and  meaning  of  the  said  contract.  Whereupon  the  said 
court,  on  the        day  of  last  past,  having  considered  tlie  prayer  of 

the  said  petition,  and  the  evidence  of  the  contract  aforesaid,  ordered  and 
decreed,  that  the  said  A-  B.,  as  executor  aforesaid,  should  make  and  execute 
a  deed  to  the  said  Y.  Z.  and  his  heirs,  of  the  hereinafter  described  tract  of 
land,  agreeably  to  the  terms  of  the  said  contract  as  by  the  records  of  the 
said  court,  relation  being  thereunto  had.  more  fully  and  at  large  appears. 

Now  THIS  INDENTURE  WITNESSETH,  that  the  Said  A.  B.,  for  and  in  consid- 
eration of  the  sum  of  (being  the  balance  of  the  purchase-money  and 
interest  thereon),  unto  him  in  hand  well  and  truly  paid  by  the  said  Y.  Z.,  at 
and  before  the  ensealing  and  delivery  hereof,  the  receipt  whereof  is  hereby 
acknowledged,  has  granted,  bargained,  sold,  aliened,  released  and  con- 
firmed, and  by  these  presents  by  virtue  and  in  pursuance  of  the  said  de- 
cree, does  grant,  bargain  and  sell,  alien,  release  and  confirm  unto  the  said 
Y.  Z.,  and  to  his  heirs  and  assigns,  all  that  aforesaid  tract  or  piece  of 
land,  boundM  and  described  as  follows — to  wit :  Beginning  ,  etc.  To  ■ 
gether  [etc.,  as  in  other  deeds  of  conveyance  without  warranty]. 

699.  Deed  Jyy  An  Administrator,  Conveying  ly  Order  of  Court,  Pursuant 
to  Contract  of  His  Intestate. 

To  ALL  to  whom  these  presents  shall  come,  A.  B.,  of  ,  administrator 

of  the  goods  and  estate  which  were  of  M.  N.,  late  of  ,  deceased, 

sends  greeting : 

Whereas  the  said  M,  N".,  before  his  death,  and  on  or  about  the  day 

of  ,  18    ,  by  a  contract  bearing  date  on  that  day,  agreed  to  and  with 

Y.  Z.,  of  ,  in  the  county  and  State  of  ,  farmer,  to  sell  and  con- 

vey unto  him,  his  heirs  and  assigns,  forever,  the  premises  hereinafter  de- 
scribed, in  consideration  of  the  payment  by  said  Y.  Z.  of  the  sum  of 
dollars,  but  said  M.  N".  died  intestate  without  performing  said  agreement; 
and  whereas  the  justices  of  the  Court,  at  their  terra  holden  at 

on  the        day  of  ,  did  empower  and  license  me  to  make  and  execute 

good  and  sufficient  deed  or  deeds,  to  convey  the  said  real  estate  of  the  said 
intestate. 

Now  KNOW  TE,  that  by  virtue  of  the  authority  and  license  aforesaid,  and 
in  order  to  fulfil  and  perform  all  things  in  the  above-mentioned  contract  or 
agreement,  on  the  part  of  the  said  A.  B.  to  be  performed,  in  consideration 
of  the  said  sum  of  to  me  paid  by  the  said  Y.  Z.,  the  receipt  whereof 

is  hereby  acknowledged,  and  in  consideration  that  the  said  Y.  Z.  has  per- 
formed and  fulfilled  all  things  in  the  above-recited  contract  or  agreement 
on  his  part  to  be  performed  and  fulfilled,  I,  the  said  A.  B.,  administrator  as 


DEEDS.  863 

By  Administrators. 


aforesaid,  do  hereby  grant,  bargain  and  sell  to  the  said  Y.  Z.,  his  heirs  and 
assigns,  forever,  the  said,  etc.,  with  the  appurtenances ;  to  have  and  to  hold 
the  same  to  the  said  Y.  Z.,  his  heirs  and  assigns,  to  his  and  their  use,  for- 
ever. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this        day 
of  ,  18    .{b) 

Signed,  sealed  and  delivered )  A.  B.,  Administrator,  etc.  [Seal.] 

in  presence  of  J 

[Signatures  of  witnesses]. 


700.  Deed  by  Administrators,  for  Purpose  of  Partition,  Aft&r  Yaluation 
and  Refusal  by  the  Heirs. 

This  inDkntttee,  made  this  day  of  ,  one  thousand  eight  hun- 

dred and  ,  between  A.  B.,  of  ,  and  0.  D.,  of  ,  in  the 

county  of  ,  and  State  of  ,  administrators  of  the  goods  and  chat- 

tels, rights  and  credits,  which  were  of  M.  N.,  late  of  ,  merchant,  de- 

ceased, of  the  first  part,  and  Y.  Z.,  of  ,  in  said  county,  of  the  second 

part: 

WoEEEAS  the  said  M.  K.,  in  his  lifetime,  and  at  the  time  of  his  death,  was 
lawfully  seized  in  his  demesne  as  of  fee,  of  and  in  the  premises  hereinafter 
described  ;  and  whereas,  at  an  Orphans'  Court,  held  at  ,  in  and  for 

the  county  of  aforesaid,  on  the        day  of  last,  upon  the  petition 

of  N.  N.,  eldest  son  and  heir-at-law  [or  otherwise,  as  the  case  may  be]  of  the 
said  M.  N ,  deceased,  praying  the  court  to  award  an  inquest  to  make  par- 
tition of  the  real  estate  of  the  said  intestate,  in  the  said  petition  mentioned, 
to  and  among  his  children  and  representatives,  in  such  manner,  and  in  such 
proportions,  as  by  the  laws  of  is  directed  and  appointed,  if  such  par- 

tition could  be  made  without  prejudice«to  or  spoiling  the  whole,  otherwise  to 
value  and  appraise  the  same,  the  said  inquest  was  awarded  by  the  court  ac- 
cording to  the  prayer  of  the  said  petitioner ;  whereupon  a  writ  of  partitiou 
or  valuation  issued  out  of  the  said  court,  bearing  date  the        day  of  , 

to  the  sheriff  of  the  said  county  directed,  commanding  him  to  summon  an  in- 
quest to  make  partition  of  the  said  real  estate  to  and  among  the  children  and 
representatives  of  the  said  intestate,  according  to  law,  if  such  partition  could 
be  thereof  made  without  prejudice  to  and  spoiling  the  whole ;  but  if  such  par- 
tition could  not  be  thereof  made  as  aforesaid,  then  to  value  and  appraise  the 
same;  and  that  the  partition  or  valuation  so  made  he  should  distinctly  and 
openly  have  before  the  justices  of  the  said  court  at  the  day  of 

then  next;  at  which  day,  before  the  judges  aforesaid,  the  sheriff  of 
the  said  county — to  wit,  O.  P.,  made  return  of  the  said  writ,  with  a  sched- 
ule thereunto  annexed,  by  which  schedule  or  inquisition,  under  the  hand 
and  seal  as  well  of  the  said  sheriff  as  of  the  inqu^t  therein  named,  it  ap- 
pears, by  the  oaths  and  affirmations  of  the  said  inquest,  that  the  real  estate 
in  the  said  writ  mentioned  could  not  be  parted  and  divided  to  and  among 

(J)  If  the  widow  joins  to  releose  her  dower^let  i)  bo  so  expressed  here  as  in  Fonn 
655  or  663. 

23 


354  ABBOTTS'  FORMS. 


Deeds  bv  Administrators. 


the  parties  therein  named  without  prejudice  to  or  spoiling  the  whole  there- 
of; and  therefore  the  inquest  aforesaid,  upon  tiieir  oaths  and  affirmations 
aforesaid,  had  valued  and  appraised  the  same  at  the  sura  of  dollars, 

which  return  and  valuation  were,  on  motion,  confirmed  by  the  court;  and 
whereas  all  the  heirs  and  legal  representatives  of  the  said  M.  N.  have  sev- 
erally and  respectively  refused  to  take  the  said  premises  at  the  valuation 
aforesaid,  and  the  said  court,  upon  the  apidication  of  the  said  N.  N.  [or  other- 
wise, as  the  case  may  he],  did  grant  a  rule  upon  all  the  heirs  and  representa- 
tives of  the  said  intestate,  to  show  cause  at  the  Orphans'  Court  to  be  held 
at  ,  on  the        day  of  then  next  ensuing,  why  the  said  real 

estate  should  not  be  sold  according  to  the  statutes  in  such  case  made  and 
provided,  at  which  said  time  and  place,  legal  notice  of  the  aforesaid  rule 
being  proved  to  have  been  duly  given  to  all  the  heirs  and  legal  representa- 
tives of  the  said  intestate,  and  no  cause  having  been  shown  why  the  said 
real  estate  should  not  be  sold  as  aforesaid,  the  said  court  did  then  and  there 
order  the  said  A.  B.  and  C.  D.,  administrators  as  aforesaid,  to  expose  the 
premises  aforesaid  to  pubhc  sale  at  ,  on  the        day  of         then  next 

ensuing,  upon  the  terms  in  the  said  order  directed ;  in  pursuance  whereof 
the  said  administrators,  having  first  given  sufficient  security  according  to 
law  for  the  faithful  performance  of  the  trust  committed  to  them  ;  and  after 
having  given  due  public  and  timely  notice  of  the  time  and  place  of  sale,  did 
on  the  day  and  at  the  place  and  time  therein  mentioned,  expose  the  prem- 
ises aforesaid  to  sale  by  public  vendue,  and  sold  the  same  to  tlie  said  party 
of  the  second  part  for  the  sum  of  dollars,  he  being  the  highest  bidder, 

and  that  the  best  price  bidden  for  the  same  ;  which  sale,  on  report  thereof 
made  to  the  judges  of  the  said  court,  was,  on  the  day  of  following, 
by  them  confirmed  ;  and  it  was  considered  and  adjudged  by  the  said  court 
that  the  said  premises,  with  the  appurtenances,  so  sold  as  aforesaid,  should 
be  transferred  and  vested  in  the  said  Y.  Z.  as  fully  as  the  said  M.  N,  held 
the  same  at  his  decease,  subject  and  liable  to  the  payment  of  the  purchase- 
money,  according  to  the  terms  prescribed  in  the  said  order,  as  by  the  rec- 
ords and  proceedings  of  the  same  court,  remaining  at  aforesaid,  rela- 
tion thereunto  being  had,  will  more  fully  appear. 

Now  THIS  iNDKNTUHE  wiTXEssETH :  That  the  said  A.  B.  and  C.  D.,  admin- 
istrators as  aforesaid,  for  and  in  consideration  of  the  said  sura  of  dol- 
lars to  thera  in  hand  paid  by  the  said  Y.  Z.,  at  and  before  the  sealing  and 
delivery  hereof,  the  receipt  whereof  they  do  hereby  acknowledge,  and 
thereof  acquit  and  forever  discharge  the  said  Y.  Z,,  his  heirs,  executors  and 
adrainistrators,  by  these  presents  have  granted,  bargained,  sold,  aliened,  re- 
leased and  confirmed,  and  by  these  presents,  in  pursuance  and  by  virtue  of 
the  said  order  of  the  court,  do  grant,  bargain,  sell,  alien,  release  and  confirm 
unto  the  said  Y.  Z.,  and  to  his  heirs  and  assigns,  all  the  said  premises — to 
wit  [here  insert  description  of  the  premises],  together  with  all  and  singular 
the  buildings,  improvements,  ways,  woods,  waters;,  water- courses,  rights, 
liberties,  privileges,  hereditaments  and  appurtenances  whatsoever  thereunto 
belonging  or  in  any  wise  appertaining,  and  the  reversions  and  remainders, 
rents,  issues  and  profits  thereof;  and  also  all  the  estate,  right,  title,  interest, 
property,  claim  and  demand  whatsoever  of  the  said  M.  N.,  at  and  imme- 


DEEDS.  355 

Guardian's  Deed  of  Infants'  Land. 

diately  before  the  time  of  his  decease,  of,  in,  to  or  out  of  the  same,  in  law 
or  equity,  or  otherwise  howsoever ;  to  have  and  to  hold  the  said  messuage 
or  tenement  and  tract  of  land,  and  the  tenements,  hereditaments  and 
premises  hereby  granted,  or  mentioned  or  intended  so  to  be,  with  the  ap- 
purtenances, unto  the  said  Y.  Z.,  his  heirs  and  assigns,  to  tlie  only  proper 
use  and  behoof  of  the  said  Y.  Z.,  his  heirs  and  assigns,  forever. 

And  the  said  A.  B.  and  0.  D.,  administrators  as  aforesaid,  do  severally, 
but  not  jointly,  or  the  one  for  the  other,  or  for  the  act  or  deed  of  the  other, 
but  each  for  his  own  act  on.y,  covenant,  promise  and  agree,  to  and  with 
the  said  Y.  Z.,  his  heirs  and  assigns,  by  these  presents,  that  they,  the  said 
A.  B.  and  0.  D,,  have  not,  nor  hath  either  of  them  done,  committed  or 
wittingly  or  willingly  suffered  to  be  done  or  committed,  any  act,  matter  or 
thing  whatsoever  whereby  the  premises  aforesaid,  or  any  part  thereof,  is, 
are  or  shall  or  may  be  impeached,  charged  or  encumbered  in  title,  charge 
or  estate,  or  otherwise  however. 

In  witness  wukeeof,  the  said  parties  of  the  first  part  have  hereunto  set 
their  hands  and  seals,  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered)  [Signatures,  titles  and  seals.] 

in  presence  of  ) 

[SigTMture  of  witness.] 


701.  Deed  of  Guardian,  Conveying  InfanVs  Estate,  ly  Leave  of  Court.{c) 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  gentleman, 

as  I  am  guardian  of  0.  D.  and  E.  F.,  minors,  under  the  age  of  twenty  one 
years,  by  virtue  of  the  power  and  authority  granted  me  in  my  said  capacity, 
by  the  Supreme  Judicial  Court,  liolden  at  ,  on  ,  in  con- 

sideration of  the  sum  of  dollars,  to  me  paid  by  Y.  Z.,  of  , 

the  receipt  whereof  I  do  hereby  acknowledge,  being  the  highest  sum  bid 
for  the  premises  hereinafter  described,  at  a  pnblic  vendue  legally  had  and 
notified,  do  grant,  bargain,  sell  and  convey  unto  the  said  Y.  Z.,  his  heirs 
and  assigns,  a  certain  messuage  [here  insert  description],  and  all  the  privi- 
leges and  appurtenances  to  the  same  in  any  wise  appertaining  and  belong- 
ing: To  HAVE  AND  TO  HOLD  the  granted  premises,  to  him,  the  said  Y.  Z., 
his  heirs  and  assigns,  to  his  and  their  use  and  behoof^forever.  And  I,  the 
said  A.  B.,  for  myself,  my  executors  and  administrators,  do  covenant  with 
the  said  Y.  Z.,  his  heirs  and  assigns  [that  the  said  minors,  at  the  time  ol 
executing  this  deed,  are  seized  in  fee  of  the  granted  premises];  that  in 
making  tlie  said  sale  I  have  in  all  things  observed  the  rules  and  directions 
of  the  law  [and  that  I  will,  and  my  heirs  shall,  warrant  and  defend  the 
granted  premises  to  the  said  Y.  Z.  against  the  lawful  claims  and  demands 
of  the  said  minors  and  their  heirs,  and  all  persons  claiming  the  same  by, 
from  or  under  them,  or  either  of  them]. 


(c)This  form  is  from  Oliver  on  Convey-  cept  where  the  guardian  joins  in  his  own 
aneinff.  The  covenants  indicated  in  the  right,  in  which  case  the  terms  should  ba 
brackets  perhaps  cannot  be  required,  ex-    modified  so  as  to  apply  to  him. 


356  ABBOTTS'  FORMS. 


Deed  of  Infant  by  Special  Guardian. 


Ik  TESTiMOirr  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
day  of  ,  one  thousand  eight  hundred  and 

Signed,  sealed  and  delivered )  [Signature,  title  and  seal.} 

in  presence  of  ) 

[Signature  of  witness.] 

702.  Deed  of  Infant,  Conveying  by  Special  Guardian,  by  Leave  of  Court.(d) 

This  indentube,  made  the        day  of  ,  in  the  year  18    ,  hetween 

A.  B.,  of  ,  in  the  county  of  ,  and  State  of  ,  an 

infant  under  twenty-one  years  of  age,  hy  0.  D.,  his  special  guardian,  of 
,  in  aforesaid,  farmer,  of  the  first  part,  and  Y.  Z.,  of         ,  the 

second  part,  witnesseth :  Whereas  the  ahove-namcd  infant,  hy  E.  F.,  his 
next  friend  [or,  guardian],  heretofore  presented  to  the  Court  a 

petition  praying  for  a  sale  of  the  right,  title  and  interest  of  the  said  in- 
fant in  the  premises  in  said  petition  mentioned  and  hereinafter  described ; 
upon  which  petition,  an  order  of  the  said  court  was  made  at  the  City  Hall 
in  the  city  of  ,  and  county  of  ,  bearing  date  the  day  of 

,  18  ,  appointing  C.  D.,  above  named,  the  special  guardian  of 
such  infant,  for  the  purposes  of  the  said  application,  and  directing  that  it 
be  referred  to  G.  H.,  a  referee,  to  ascertain  the  truth  of  the  facts  in  such 
petition  alleged ;  and  thereupon,  after  the  said  special  guardian  had  given 
the  security  by  law  required,  such  proceedings  were  afterwards  had,  that 
by  an  order  of  the  said  Court,  made  at  the  said  City  Hall,  at 

aforesaid,  bearing  date  the  day  of  ,  in  the  year  18    ,  it  was, 

among  other  things,  ordered,  that  the  above-named  C.  D.,  special  guardian 
of  such  infant,  be  authorized  to  contract  for  the  sale  and  conveyance  of  the 
right,  title  and  interest  of  the  said  infant,  in  such  real  estate,  for  a  sum  not 
less  than  that  specified  in  the  referee's  report  in  said  order  mentioned ;  and 
that  such  sale,  with  the  name  of  the  purchaser  and  the  terms  thereof,  be 
reported  to  the  said  court,  before  the  conveyance  of  such  premises  should 
be  executed ;  and  whereas,  the  said  special  guardian,  upon  terms  approved 
by  the  said  referee,  contracted  for  the  sale  of  the  said  premises  with  Y.  Z., 
for  the  sum  of  dollars,  that  being  the  highest  sum  offered  for  the 

same;  and  thereupon  the  said  guardian,  on  oath,  made  his  report  of  such 
agreement  to  this  court,  pursuant  to  the  last  recited  order,  upon  which  an 
order  was  made  by  said  court  at  the  City  Hall,  in  said  city,  bearing  date 
the  day  of  »  18     ,  confirming  said  report,  approving  and  con- 

firming said  sale,  and  directing  the  same  to  be  carried  into  effect,  and 
ordering  the  said  guardian  to  execute,  acknowledge  and  dehver  a  deed  of 
said  premises  to  said  party  of  the  second  part,  on  his  complying  with  the 
terms  on  which,  by  said  agreement,  the  same  was  to  be  delivered;  and 
whereas,  the  said  party  of  the  second  part  has  complied  with  the  said 
terms :  Now,  this  indenttire  witnesseth,  that  the  said  party  of  the  first 
part,  by  0.  D.,  his  special  guardian,  in  consideration  of  the  sum  of 
dollars,  to  him  paid  by  the  said  party  of  the  second  part,  the  receipt  whereof 

((Q  This  form  is  agreeable  to  the  statutes  of  New  York. 


DEEDS.  357 

By  Cominittee  of  Inisaue  Person.. 

is  hereby  acknowledged,  has  granted,  bargained  and  sold,  and  by  these 
presents  does  grant,  bargain  and  sell  nnto  the  said  party  of  the  second  part, 
and  to  his  heirs  and  assigns  forever,  all  [here  insert  description  of  premises], 
TOGETHER  WITH  all  and  singular  the  tenements,  hereditaments  and  appur- 
tenances thereunto  belonging,  or  in  any  wise  appertaining ;  and  the  rever- 
sion and  reversions,  remainder  and  remainders,  rents,  issues  and  profits 
thereof;  and  also  all  the  estate,  right,  title,  interest,  property,  possession, 
claim  and  demand  whatsoever,  as  well  in  law  as  in  equity,  of  the  said  party 
of  the  first  part,  of,  in  and  to  the  above-granted  premises,  and  every  part 
and  parcel  thereof. 

To  HAVE  AND  TO  HOLD  all  and  singular  the  above-granted  premises,  to- 
gether with  the  appurtenances,  and  every  part  thereof,  unto  the  said  party 
of  the  second  part,  his  heirs  and  assigns,  forever. 

[Coverimit  as  to  regularity  0/ proceedings,  i/inserted^  may  ie  similar  to 
that  in  Form  696.] 

In  WITNESS  WHEREOF,  the  said  party  of  the  first  part,  by  his  guardian 
aforesaid,  has  hereunto  set  his  hand  and  seal,  the  day  and  year  first  above 
written.  A.  B.  [Seal.] 

Signed,  sealed  and  delivered)  By  0.  D.,  his  special  guardiaa. 

in  presence  of  J 

[Signature  of  witness.] 

703,  Deed  by  Committee  of  Idiot,  Lunatic  or  ndbitual  Drunkard. 

This  indenture,  made  this  day  of  >  18    ,  between  A,  B., 

of  ,  in  the  county  of  ,  and  State  of  ,  committee  of 

tl>e  person  and  estate  of  M.  N.,  an  idiot  [or,  a  lunatic; or,  an  habitual 
drunkard],  of  the  first  part,  and  Y.  Z.,  of  aforesaid,  of  the  second 

part.      Whereas,  upon  an  application  duly  made,  the  Court  of 

,  at  ,  on  the  day  of  ,18    ,  by  an  order  bear- 

ing date  on  that  daj;-,  directed  the  real  estate  of  said  M.  N.,  hereinafter 
described  [or,  so  much  of  the  real  estate  of  said  M.  N.  as  might  be  necessary 
to  raise  the  sum  of  dollars],  to  be  sold  by  the  said  A.  B.  at  public  or 

private  sale,  subject  to  the  approbation  of  the  court,  as  by  the  terms  of 
said  order  will  more  fully  appear ;  and  whereas,  pursuant  to  law,  and  to 
the  terras  of  said  order  [after  giving  the  additional  security  required  by  said 
order],  and  upon  due  notice,  a  sale  was  made  by  said  A.  B.,  by  public 
auction,  to  the  said  pai-ty  of  the  second  part,  of  the  hereinafter  granted 
premises,  being  [a  part  of]  the  real  estate  aforesaid  of  said  M.  K,  for  the 
sum  of  dollars,  said  party  of  the  second  part  being  the  highest  bid- 

der therefor  [or,  state  sale  hy  private  agreement,  as  in  Form  702] ;  and  there- 
upon the  said  A.  B.,  on  oath,  made  his  report  of  such  agreement  to  this 
court,  pursuant  to  the  last  recited  order,  upon  which  an  order  was  made 
by  said  court,  at  the  City  Hall  in  said  city,  bearing  date  the  day  of 

,18  ,  confirming  said  report,  approving  and  confirming  said  sale, 
and  directing  the  same  to  be  carried  into  eifect,  and  ordering  the  said  com- 
mittee to  execute,  acknowledge  and  deliver  a  deed  of  said  premi.ses  to  said 
party  of  the  second  part,  on  his  complying  with  the  terms  on  which,  by 


358  ABBOTTS'  FORMS. 


By  Trustees  of  Insolvents,  etc. 


said  agreement,  the  same  was  to  be  delivered  ;  and  whereas,  the  said  party 
of  tlie  second  part  has  comphed  with  the  said  terms :  Now  this  indenture 
wiTXESSEi n,  that  the  said  party  of  the  first  part,  committee  as  aforesaid,  in 
consideration  of  the  sum  of  dollars,  to  him  paid  by  the  said  party  of 

the  second  part,  the  receipt  whereof  is  hereby  acknowledged,  has  granted, 
bargained  and  sold,  and  by  these  presents  does  grant,  bargain  and  sell  unto 
the  said  party  of  the  second  part,  and  to  his  heirs  and  assigns  forever,  all 
[here  insert  description  of  premises],  TOGXYWEVt.  with  all  and  singular  the 
tenements,  hereditaments  and  appurtenances  thereunto  belonging,  or  in  any 
wise  appertaining;  and  the  reversion  and  reversions,  remainder  and  re- 
mainders, rents,  issues  and  profits  thereof;  and  also  all  the  estate,  right, 
title,  interest,  property,  possession,  claim  and  demand  whatsoever,  as  well 
in  law  as  in  equity,  of  the  said  party  of  the  first  part,  and  of  the  said  M.  N., 
of,  in  and  to  the  above-granted  premises,  and  every  part  and  parcel  thereof. 
To  HAVE  AND  TO  HOLD  all  and  singular  the  above-granted  premises,  together 
with  the  appurtenances,  and  every  part  thereof,  unto  the  said  party  of. the 
second  part,  his  heirs  and  assigns,  forever. 

[Cotenant  as  to  regularity  of  proceedings^  if  inserted,  may  le  similar  to 
that  in  Form  696.] 

In  witness  whereof,  the  said  party  of  the  first  part  has  hereunto  set  his 
hand  and  seal,  the  day  and  year  first  above  written. 

Signed,  sealed  and  dehvered|  [Signature,  title  and  seal.] 

in  presence  of  ) 

[Signature  of  witness.'] 

704.  Deed  ty  Trustees  or  Assignees  of  an  Insolvent  or  BanJcrvpt,  or  an 
Absconding  Debtor. 

To  all  to  whom  these  presents  shall  come  :  We,  A.  B.,  C.  D.  and  E.  F.,  of 
,  in  the  county  of  ,  and  State  of  ,  trustees  [or,  as- 

signees] of  the  estate  of  M.  N.,  of  ,  a  bankrupt  [or,  an  insolvent 

debtor;  or,  of  the  estate  of  M.  K,  late  of  ,  an  absconding  debtor]. 

"Whereas  [here  recite  the  essential  proceedings{e)  and  the  sale  made  pur- 
suant thereto,  and  conclude]. 

Now,  THEREFORE,  KNOW  YE,  that  wc,  the  said  A.  B.,  C.  D.  and  E.  F.,  by 
virtue  of  the  power  and  authority  in  us  vested,  as  aforesaid,  and  in  considera- 
tion of  the  aforesaid  sum  of  dollars,  to  us  paid  by  the  said  Y.  Z.,  the  re- 
ceipt whereof  is  hereby  acknowledged,  do  hereby  grant,  bargain,  sell  and 
convey  unto  the  said  Y.  Z.,  his  heirs  and  assigns,  forever,  all  the  interest 
which  the  said  M.  N.  had,  on  the  day  of  ,18    [naming  the 

day  on  which  the  debtor''s  title  was  divested  by  the  proceeding^],  in  and  to 
all  [here  insert  description  of  the  premises],  together  with  all  and  singular 
the  tenements,  hereditaments  and  appurtenances  thereunto  belonging,  or  in 
any  wise  appertaining;  and  the  reversion  and  reversions,  remainder  and 
remainders,  rents,  issues  and  profits  thereof. 

To  HAVE  AND  TO  HOLD  the  said  above-bargained  premises,  with  the  appur- 

{e)  This  may  be  done  by  setting  forth  the  orders,  etc.,  at  large,  or  by  stating  their 
substance. 


DEEDS.  359 

By  Master  in  Chancery. 


tenances,  and  every  part  thereof,  unto  the  said  party  of  the  second  part, 
his  heirs  and  aseigns,  to  his  and  their  only  proper  use  and  hehoof  forever : 
as  fully  and  absolutely  as  the  said  parties  of  the  first  part  can  and  ought  to 
do,  pursuant  to  the  statute  and  their  authority,  as  aforesaid. 

In  witness  wheueof,  the  said  parties  of  the  first  part  have  hereunto  set 
their  hands  and  seals,  the  day  and  year  first  above  written. 
Signed,  sealed  and  delivered )  [Signatures,  titles  and  seals.] 

in  presence  of  ) 

[Signature  of  witness.] 

705.  Deed  By  Master  in  Chancery. 

This  nfDENTiiEE,  made  this         day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  one  of  the  masters  in  chanceiy 

in  and  for  the  State  of  ,  dwelling  in  the  city  of  ,  party  of 

the  first  part,  and  Y.  Z ,  of  the  same  place,  stone-cutter,  of  the  second 
part.     ^VHEREA8,  at  a  court  of  chancery  held  at  the  city  of  , 

before  the  vice-chancellor  of  the  first  circuit  of  the  State  of  ,  on 

the        day  of  ,  one  thousand  eight  hundred  and  ,  it  was,  among 

other  things,  ordered,  adjudged  and  decreed  by  the  said  court,  in  a  certain 
cause  then  pending  in  the  said  court  between  M.  N.,  complainant,  and  0.  P., 
defendant,  *  that  all  and  singular  the  mortgaged  premises  mentioned  in  the 
bill  of  complaint  in  said  cause,  and  in  said  decree  described,  or  so  much 
thereof  as  might  be  suflScient  to  raise  the  amount  due  to  the  complainant 
for  principal,  interest  and  costs  in  said  cause,  and  which  might  be  sold 
separately  without  material  injury  to  the  parties  interested,  be  sold  at  pub- 
lic auction,  according  to  the  course  and  practice  of  this  court,  by  or  under 
the  direction  of  one  of  the  masters  thereof  residing  in  the  city  of  ; 

that  the  said  sale  be  made  in  the  county  where  the  said  mortgaged 
premises,  or  the  greater  part  thereof,  are  situated ;  that  the  master  give 
public  notice  of  the  time  and  place  of  such  sale,  according  to  the  course  and 
practice  of  said  court,  and  that  any  of  the  parties  in  said  cause  might 
become  a  purchaser  or  purchasers  on  such  sale ;  that  the  said  master 
execute  to  the  purchaser  or  purchasers  of  the  said  mortgaged  premises,  or 
such  part  or  parts  thereof  as  should  be  so  sold,  a  good  and  sufficient  deed 
or  deeds  of  conveyance  for  the  same :  And  whereas  a  certificate  of  the 
enrolment  of  said  decree,  signed  by  the  clerk  of  said  court,  has  been  pre- 
sented to  the  said  master  in  chancery,  the  party  of  the  first  part :  And 
whereas  he,  in  pursuance  of  the  order  and  decree  of  the  said  court,  did,  on 
the         day  of  ,  18    ,  sell  by  public  auction,  at  the  Merchants' 

Exchange,  in  the  city  of  [part  of]  the  premises  in  the  said  order 

mentioned,  due  notice  of  the  time  and  place  of  such  sale  being  first  given, 
agreeably  to  the  said  order,  at  which  sale  the  premises  hereinafter  described 
were  struck  off  to  said  party  of  the  second  part,  for  the  sum  of 
dollars,  that  being  the  highest  sum  bid  for  the  same :  f  Now,  this  indentueb 
WITNESSETH,  that  the  said  master  in  chancery,  the  party  of  the  first  part  to 
these  presents,  in  order  to  carry  into  effect  the  sale  so  made  by  him  as 
aforesaid,  in  pursuance  of  the  order  and  decree  of  the  said  court,  and  in 


360  ABBOTTS'  FOEMS. 


Sheriflf  8  Deed. 


conformity  to  the  statute  in  such  case  made  and  provided,  and  also  in  con- 
sideration of  the  premises,  and  of  the  said  sum  of  money  so  bidden  as  afore- 
said being  first  duly  paid  by  the  said  party  of  the  second  part,  the  receipt 
whereof  is  hereby  acknowledged,  has  granted,  bargained,  sold,  and  by  these 
presents  does  grant,  bargain,  sell  and  convey  unto  the  said  party  of  the 
second  part,  his  heirs  and  assigns,  all  those  two  certain  lots,  pieces  or 
parcels  of  land,  being  [part  of]  the  said  mortgaged  premises,  situate,  lying 
and  being  in  the  sixteenth  ward  of  the  city  of  [etc.,  inserting  description], 
TOGETHER  WITH  all  and  singular  the  tenements,  hereditaments,  and  appur- 
tenances to  the  same  belonging,  or  in  anywise  appertaining:  To  have  ajii» 
TO  hold  all  and  singular  the  above-granted  premises,  with  the  appurtenances, 
and  every  part  thereof,  unto  the  said  party  of  the  second  part,  his  heirs  and 
assigns,  forever. 

In  WITNESS  WHEEEOF,  the  said  A,  B.,  master  in  chancery  as  aforesaid, 
hath  hereto  set  his  hand  and  seal,  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered )  A.  B.  [Seal.] 

in  presence  of  )  Master  in  Chancery. 

[Signature  of  teitness.] 

706.  Sheriff's  Deed  After  Sale  On  Execution. 

This  indenture,  made  the         day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  sheriff  [or,  late  sheriff]  of  the 

county  of  ,  of  the  first  part,  and  Y.  Z.,  of  the  city  of  ,  party  of 

the  second  part.  "Whebeas,  by  virtue  of  a  certain  writ  of  execution  issued 
out  of  the  Court  of  in  and  for  the  city  and  county  of  ,  in  favor 

of  M.  N.,  plaintiff,  against  0.  P.,  defendant,  to  the  said  sheriff  directed  and 
delivered,  commanding  him  that  out  of  the  personal  property  of  the  said 
O.  P.,  judgment  debtor,  within  his  county,  he  should  satisfy  the  judgment; 
or  if  suflBcient  personal  property  could  not  be  found  in  said  county,  that 
then  he  should  cause  the  amount  of  such  judgment  to  be  made  out  of  the 
real  property  in  his  county  belonging  to  such  judgment  debtor  on  the  day 
when  the  said  judgment  was  docketed  in  his  county,  or  at  any  time  there- 
after, as  on  reference  to  the  said  execution  now  of  record  in  the  said  court 
will  more  fully  appear :  And  whereas,  because  suflScient  personal  property 
of  the  said  judgment  debtor,  in  the  said  execution  mentioned,  could  not  be 
found  in  said  county,  whereof  he,  the  said  sheriff,  could  cause  to  be  made 
the  money  specified  in  the  said  execution,  he,  the  said  sheriff,  did,  in 
obedience  to  the  said  command,  levy  on,  take  and  seize,  all  the  estate, 
right,  title  and  interest  of  the  said  judgment  debtor,  of,  in  and  to  the  real 
property  hereinafter  particularly  set  forth  and  described,  with  the  appur- 
tenances; and  did,  on  the  day  of  ,  in  the  year  one  thousand  eight 
hundred  and  ,  sell  the  said  premises  by  public  auction,  at  [designatirig 
the  salesroom],  in  the  city  of  ,  in  said  county,  he  having  first  given 
notice  of  the  time  and  place  of  such  sale  by  advertising  the  same  according 
to  law ;  at  which  sale  the  said  premises  were  struck  off  and  sold  to  Y.  Z.  ♦ 
for  the  sum  of  dollars,  he,  the  said  Y.  Z.,  *  being  the  highest  bidder, 
and  that  being  the  highest  sum  bidden  for  the  same ;  whereupon  the  said 


DEEDS.  361 

By  Sheriff. 

sheriff,  after  receiving  from  the  said  purchaser  the  said  sum  of  money  so 
bidden  as  aforesaid,  gave  to  him  such  certificate  as  is  by  law  directed  to  be 
given,  and  a  certificate  of  such  sale  was  duly  filed  in  the  office  of  the  clerk 
of  the  county  of  ;  §  and  whereas  the  fifteen  months  after  such  sale, 

and  the  giving  of  such  certificate  thereof,  have  expired  without  any  re- 
demption of  the  said  premises  having  been  made:  t  Now  this  indenture 
wiTNESsKTH,  that  the  said  party  of  the  first  part,  sheriff  [or,  late  sheriff]  as 
aforesaid,  by  virtue  of  the  said  execution,  and  in  pursuance  of  the  statute 
in  such  case  made  and  provided,  for  and  in  consideration  of  the  sum  of 
money  above  mentioned,  to  him  in  hand  paid  as  aforesaid,  the  receipt 
whereof  is  hereby  acknowledged,  has  granted,  bargained,  sold,  released, 
assigned,  conveyed  and  confirmed,  and  by  these  presents  does  grant,  bargain, 
sell,  release,  assign,  convey  and  confirm  unto  the  said  Y.  Z.,  his  heirs  or 
assigns,  all  the  estate,  right,  title  and  interest  of  the  said  0.  P.,  the  judg- 
ment debtor  aforesaid,  whereof  he  was  seized  or  possessed  on  the  day 
of  ,  one  thousand  eight  hundred  and  ,  or  at  any  time  afterwards, 
of,  in  and  to  all  [here  insert  description  of  the  premises] :  Togkthek  with 
all  and  singular  the  tenements,  hereditaments,  and  appurtenances  thereto 
belonging  or  in  any  wise  appertaining :  To  have  and  to  hold  the  said 
above-mentioned  and  described  premises,  with  the  appurtenances,  unto  the 
said  Y.  Z.,  his  heirs  and  assigns,  forever ;  as  fuUy  and  absolutely  as  he,  A.  B» 
the  said  party  of  the  first  part,  [late]  sheriff  aforesaid,  can,  may  or  ough 
to,  by  virtue  of  the  said  execution,  and  of  the  statute  in  such  case  made 
and  provided,  grant,  bargain,  sell,  release,  assign,  convey  and  confirm  the 
same. 

In  witness  wheebof,  the  said  [late]  sheriff  has  hereunto  set  his  hand  aad 
seal,  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered )  A.  B.  [SealJ] 

in  presence  of  )  [Late]  Sheriff  of  the  County  of       . 

[Signature  of  witness,] 

707.  The  Same-;  Conveying  to  an  Assignee  of  the  Purchaser, 

[As  in  the  preceding  form,  substituting  the  name  of  the  original  pur- 
chaser in  place  of  that  of  the  party  of  the  first  part  at  the  *  *,  and  inserting 
the  following  words  at  the  f] ;  and  whereas  the  said  certificate  of  sale  has 
been  duly  assigned  by  the  said  {naming  purchaser],  to  the  said  party  of  the 
second  part  hereto,  with  directions  to  the  said  party  of  the  first  part  to 
execute  the  deed  to  him  the  said  party  of  the  second  part  hereto. 

708.  Deed  By  Sheriff  to  Bedeeming  Creditor.{f) 

[As  in  Form  706,  substituting  the  name  of  the  original  purchaser  for 
that  of  the  party  of  the  first  part  at  the  *  *,  and  inserting  the  following  in 
place  of  the  words  between  the  §  and  the  f] ;  and  whereas  the  said  premises 

(/)  This  is  no  longer  necessary  in  New  recorded  with  like  effect  as  a  deed.  Imws 
York.    The  sheriff's  certificate  may  be    o/"1847,  ch,  410,  §  6. 


362  ABBOTTS'  FORMS. 


Deeds  bv  Slieritf. 


■were  not,  within  one  year,  redeemed  by  any  person  entitled  to  make  such 
redemption  within  that  time,  according  to  the  statute  in  such  case  made ; 
fend  whereas  Y.  Z.,  a  creditor  of  the  said  M.  N.,  having,  in  his  own  name  [or, 
as  assignee,  representative,  trustee,  or  otherwise],  a  judgment  in  the 
Court  of  ,  of  the  State  of  ,  against  the  said  M.  N".,  for  the  sum 

of  t  dollars,  rendered  before  the  expiration  of  fifteen  months  from  the 
time  of  such  sale,  and  which  is  a  lien  and  charge  on  the  premises  so  sold, 
presented  to  the  officer  making  said  sale,  within  three  months  after  the 
expiration  of  the  year  from  the  time  of  said  sale,  a  copy  of  the  docket  of 
the  said  judgment,  duly  certified  by  a  clerk  of  the  said  court,  togetlier  with 
an  affidavit,  by  the  said  Y.  Z.,  of  the  true  sum  due  on  the  said  judgment  at 
the  time  of  claiming  his  right  to  purchase,  and  then  paid  the  said  officer  the 
said  sum  of  dollars,  being  the  purchase-money  at  said  sale,  together 

with  interest  thereon,  at  the  rate  of  per  cent,  per  annum  from  the 

time  of  such  sale,  and  has  thereby  acquired  all  the  rights  of  the  said 
[naming  the  original  purchaser]  to  said  premises,  within  the  time,  and  in 
the  manner  and  form  prescribed  by  the  statute  in  such  case  made  and  pro- 
vided ;  and  no  other  creditor  of  the  said  M.  N.  has  acquired  the  said  rights 
from  or  against  the  said  [naming  original  purchaser].    Now,  etc. 


T09.  Deed' By  Sheriff  or  Eeferee  on  Sale  in  Foreclosure. 

This  indenture,  made  the        day  of  >  18    ,  between  A.  B.,  sheriff 

of  the  county  of  [or,  A.  B.,  a  referee  appointed  by  the  Court,  of 

the  State  of  ,  dwelling  in  ],  of  the  first  part,  and  Y.  Z.,  of  the 

city  of  ,  in  the  county  of  ,  in  the  State  of  ,  of  the  second 

part :    "VViieeeas  at  a  [special]  term  of  the  Court,  of  the  State  of         , 

held  at  the  City  Hall,  in  the  city  of  ,  on  the         day  of  ,  18    , 

before  Honorable  J.  K.,  one  of  the  justices  of  said  court,  in  an  action  then 
pending  in  the  said  court,  between  M.  N.,  plaintiff,  and  O.  P.  and  Q.  E., 
defendant^,  it  was,  among  other  things,  ordered,  adjudged  and  decreed,  by 
the  said  court  *  [here  recite  the  substance  of  the  decree  and  the  making  oj 
sale,  which  will  commonly  he  somewhat  as  Jbllows],  that  all  and  singular  the 
mortgaged  premises  mentioned  in  the  complaint  in  said  cause,  and  in  said 
decree  described,  or  so  much  thereof  as  might  be  sufficient  to  raise  the 
amount  due  to  the  complainant,  for  principal,  interest  and  costs  in  said 
cause,  and  which  might  be  sold  separately,  without  material  injury  to  the 
parties  interested,  be  sold  at  public  auction,  according  to  the  course  and 
practice  of  this  court,  and  under  the  direction  of  the  said  sheriff  [or,  referee], 
party  hereto  of  the  first  part;  that  the  said  sale  be  made  on  the  day 

of  ,  then  next,  at  o'clock  in  the  noon  of  that  day,  at 

in  the  town  of  ,  in  the  county  of  ,  aforesaid ;  that  the  said 

sheriff  [or,  referee]  give  [  weeks],  public  notice  of  the  time  and  place  ol 

such  sale,  according  to  the  course  and  practice  of  said  court,  and  that  any 
of  the  parties  in  said  cause  might  become  a  purchaser,  or  purchasers,  ou 
such  sale;  that  the  said  sheriff  [or,  referee]  execute  to  the  purchaser,  or 
purchasers,  of  the  said  mortgaged  premises,  or  such  part  or  parts  thereof  as 
should  be  sold,  a  good  and  sufficient  deed,  or  deeds,  of  conveyance,  for  the 


DEEDS.  363 

In  Partition. 

same ;  and  whereas  the  said  sheriff  [or,  referee],  in  pursuance  of  the  order 
and  decree  of  the  said  court,  did,  on  the  said        day  of  ,  a.  d.  18    , 

sell  by  public  auction,  at  in  the  town  of  ,  aforesaid,  the  prem- 

ises in  the  said  order  mentioned,  due  notice  of  the  time  and  place  of  such 
sale  being  tirst  given,  agreeably  to  the  said  order;  at  which  sale,  the 
premises  hereinafter  described  were  struck  off  to  the  said  party  of  the 
second  part,  for  the  sum  of  dollars,  that  being  the  highest  sum  bid 

for  the  same :  Now  ims  indentube  witnesseth,!  that  the  said  sheriff  [or, 
referee],  in  order  to  carry  into  effect  the  sale  so  made  by  him,  as  aforesaid, 
in  pursuance  of  the  said  order  and  decree  of  the  said  court,  and  in  conform- 
ity to  the  statute  in  such  case  made  and  provided,  and  also  in  consideration 
of  the  premises,  and  of  the  said  sum  of  money  so  bidden,  as  aforesaid,  being 
first  duly  paid  to  him  by  the  said  party  of  the  second  part,  the  receipt 
whereof  is  hereby  acknowledged,  hath  granted,  bargained,  sold  and  con- 
veyed, and  by  these  presents  doth  grant,  bargain,  sell  and  convey,  unto  the 
said  party  of  the  second  part,  his  heirs  and  assigns,  forever,  all  [here  insert 
description  of  premises]  :•  Togethke  with  all  and  singular  the  tenements, 
hereditaments  and  appurtenances  to  the  same  belonging,  or  in  any  wise 
appertaining :  To  have  and  to  hold  all  and  singular  the  said  premises 
above  mentioned  and  described,  and  hereby  granted  and  conveyed,  or  in- 
tended so  to  be,  unto  the  said  party  of  the  second  part,  his  heirs  and  assigns, 
to  the  only  proper  use,  benefit  and  behoof  of  the  said  party  of  the  second 
part,  his  heirs  and  assigns,  forever. 

In  witness  whereof,  the  said  sheriff  [or,  referee]  the  party  hereto  of  the 
first  part,  has  he»'euuto  set  his  hand  and  seal,  the  day  and  year  first  above 
written. 

Signed,  sealed  and  delivered )  A.  B.  [Seal.] 

in  the  presence  of  )         Sheriff  of         County  [or  referee]. 

[Signature  of  wit7iess.] 

710,  Deed  dy  Sheriff  or  Referee  on  Sale  in  Partition. 

[As  in  the  preceding  form  to  the  *,  and  then  recite  the  substance  of  the 
decree,  which  will  commonly  be  somewhat  as  follows:]  that  all  and  singular 
the  premises  described  in  the  complaint  in  said  action,  or  so  much  thereof 
as  are  hereinafter  particularly  described,  be  sold  by  or  under  the  direction 
of  A.  B.,  sheriff  [or,  A.  B.,  a  referee  appointed  by  said  court],  by  public 
auction,  in  the  county  where  said  premises  are  situated;  that  the  said 
sheriff  [or,  referee]  do  sell,  in  such  separate  parcels  as  he  shall  deem  most 
for  the  benefit  of  the  said  parties,  according  to  the  rules  and  practice  of  the 
said  court,  and  according  to  the  statute  in  such  case  made  and  provided ; 
that  he  first  give  week's  previous  notice  of  the  time  and  place  of  such 

sale,  in  one  of  the  public  newspapers  published  in  the  said  county  of  , 

and  in  such  other  manner  as  required  by  law  ;  that  after  such  sale  he  make 
report  thereof  to  the  said  court;  and  after  such  report  of  sale  shall  have 
been  duly  confirmed,  he  execute  and  deliver  deeds  of  conveyance  for  the 
Bald  premises,  in  fee-simple,  to  the  purchasers  thereof  at  the  said  sale ;  and 
whereas  the  party  hereto  of  the  first  part,  the  said  sheriff  [or,  referee],  in 


364  ABBOTTS'  FORMS. 


Deeds  in  Partition. 


pursuance  of  said  order  and  decree,  and  liaving  given  due  notice  of  the  time 
and  place  of  sale,  agreeably  to  the  said  order  and  decree,  did,  on  the 
day  of  »  1 8    ,  sell  by  public  auction,  at  ,  in  the  town 

of  ,  aforesaid,  the  premises  in  the  said  decree  mentioned ;  at  which 

sale,  the  premises  hereinafter  described  were  struck  off  and  sold  to  the  said 
party  of  the  second  part,  for  the  sum  of  dollars,  that  being  the 

highest  sum  bidden  for  the  same  ;  and  such  sale  having  been  reported  by 
the  said  party  of  the  first  part  to  the  said  court,  and  duly  confirmed  :  Now 
THIS  iNDKNTUKB  WITNESSETH  [continuing  as  in  preceding /orm  from  the  t  to 
the  end]. 

Til.  I>eed  hy  Commissioners  on  Sale  in  Partition. 

This  indkntube,  made  this  day  of  ,  one  thousand  eight 

hundred  and  ,  between  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  C.  D.,  of  the  same  place,  and  E.  F.,  of  ,  in 

said  county,  of  the  first  part,  and  Y.  Z.,  of  aforesaid,  of  the  second 

part.     Whkeeas  in  proceedings  duly  taken  and  had  in  the  Court 

of  ,  by  and  between  M.  N.,  O.  P.  and  Q.  R.,  for  the  partition  and 

division  of  certain  premises  mentioned  in  the  petition  in  said  proceedings, 
according  to  the  respective  rights  of  the  parties  interested  therein,  or  for  a 
sale  of  such  premises,  if  it  should  appear  that  a  partition  thereof  could  not 
be  made  without  great  prejudice  to  the  owners,  pursuant  to  the  statute  re- 
lating to  the  partition  of  lands  owned  by  several  persons,  it  was  by  the  said 
court  ordered,  adjudged  and  decreed,  by  an  order  made  on  the  day  ot 

,  18    ,  at  ,  that  a  sale  of  the  said  premises  should  be  made 

in  order  to  a  division  of  the  proceeds,  according  to  the  several  rights  and 
interests  of  the  said  parties ;  and  thereupon,  to  make  such  partition,  the 
parties  of  the  first  part  to  these  presents  being  qualified,  were,  by  the  said 
court,  appointed  commissioners ;  and  whereas  such  proceedings  were  after- 
wards had  in  the  said  court  upon  the  said  petition,  that  the  said  commis- 
sioners so  appointed,  as  aforesaid,  were,  by  a  rule  of  said  court,  ordered 
and  directed  to  sell  the  said  premises,  with  the  appurtenances,  at  public 
auction,  to  the  highest  bidder ;  giving  notice,  according  to  law,  of  the  time 
and  place  of  such  sale ;  and  that  they  should  make  report  thereof  to  the 
said  court;  and  whereas  the  said  commissioners,  pursuant  to  the  said 
order  and  direction,  after  giving  public  notice  of  the  time  and  place  of  such 
sale,  did,  on  the  day  of  ,  18    ,  at  ,  in  the  town  ot 

,  in  said  county  of  ,  expose  to  sale  at  public  auction,  all 

and  singular  the  said  premises,  with  the  appurtenances ;  at  which  sale  [a 
part  of  J  the  said  premises  hereinafter  described  were  sold  to  the  said  party 
of  the  second  part  for  the  sum  of  dollars,  that  being  the  highest 

sum  bid  for  the  same ;  and  whereas  the  proceedings  of  the  said  commis- 
sioners in  the  premises  were  duly  reported  to  the  said  court,  and  the  sale 
approved  and  confirmed,  on  the  day  of  ,  one  thousand  eight 

hundred  and  ,  as  by  the  records  of  the  said  court  more  fully  appears ; 

and  the  said  commissioners  were  thereupon,  by  an  order  of  said  court  then 
made,  directed  to  execute  to  the  said  party  of  the  second  part,  a  convey- 
ance of  said  premises,  pursuant  to  the  sale  so  made  as  aforesaid.     Now  thu 


DEEDS.  365 

On  Foreclosure  by  Advertisement. 

rNDENTUBK  WITNESSETH,  tliat  tliG  Said  parties  of  the  first  part,  pursuant  to 
the  direction  and  authority  to  them  given,  and  for  and  in  consideration  of 
the  sum  of  money  so  bid  as  aforesaid,  to  them  in  hand  paid  by  the  said 
party  of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged,  have 
bargained,  sold,  aliened,  conveyed  and  confirmed,  and  by  these  presents 
do  bargain,  sell,  alien,  convey  and  confirm  unto  the  said  party  of  the  second 
part,  all  the  estate,  right,  title,  interest,  claim  and  demand  of  the  said 
parties  of  the  first  part,  and  also  all  the  right,  title,  interest,  claim  and  de- 
mand of  all  and  singular  the  several  and  respective  parties  to  the  proceed- 
ings in  partition  aforesaid,  of,  in  and  to  all  [here  insert  description  of  the 
premises],  togethkk  with  all  and  singular  the  tenements,  hereditaments  and 
appurtenances  to  the  same  belonging,  or  in  any  wise  appertaining ;  and  the 
reversion  and  reversions,  remainder  and  remainders,  rents,  issues  and  profits 
thereof,  and  of  every  part  thereof:  To  hate  anb  to  hold  the  said  above- 
bargained  premises,  with  the  appurtenances,  and  every  part  thereof,  untt) 
the  said  party  of  the  second  part,  his  heirs  and  assigns,  to  his  and  their 
only  proper  use  and  behoof  forever ;  as  fully  and  absolutely  as  the  said 
parties  of  the  first  part  can  and  ought  to  grant  and  convey  the  same,  pur- 
suant to  the  statute  and  their  authority  as  aforesaid. 

In  witness  whekkof,  the  said  parties  of  the  first  part  have  hereunto  set 
their  hands  and  seals,  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered )  A.  B.,  J  C  [Seal.] 

in  presence  of  j  C.  D.,  >  Commissioners.  <  [Seal.] 

[Signature  of  witness.]  E.  F., )  ([Seal't 

712.  Deed  by  Mortgagee  on  Foreclosure  ly  Advertisement. (g) 

This  tndkntuee,  made  the  day  of  ,  in  the  year  one  thou- 

sand eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county 

of  ,  and  State  of  ,  merchant,  of  the  first  part,  and  Y.  Z.,  of 

,  in  the  said  county,  farmer,  of  the  second  part :  Whekeas,  M.  N., 
by  a  certain  indenture  of  mortgage,  bearing  date  the  day  of  , 

one  thousand  eight  hundred  and  ,  for  the  consideration  of  the  sum 

of  dollars,  did  bargain,  sell  and  convey  unto  A.  B.,  his  heirs  and 

assigns,  forever,  the  premises  hereinafter  described  and  granted  [or,  prem- 
ises in  said  mortgage  particularly  described,  and  of  which  the  premises 
heseinafter  described  and  granted  are  a  part],  with  the  appurtenances,  sub- 
ject to  a  proviso,  in  the  said  indenture  of  mortgage  contained,  that  the 
same  should  be  void  on  the  payment  by  the  said  M.  N.,  his  heirs,  executors, 
administrators  or  assigns,  of  the  sum  of  dollars,  in  the  manner  par- 

ticularly specified  in  the  condition  of  a  certain  bond  or  obligation,  bearing 
even  date  with  the  said  indenture  or  mortgage  ;  with  a  special  power  in  the 
said  indenture  of  mortgage  contained  [here  recite  the  power — e.  g.,  thus], 
authorizing  the  said  A.  B.,  his  heirs,  executors,  administrators  and  assigns, 
if  default  should  be  made  in  the  payment  of  the  said  sum  of  money  men- 
tioned in  the  condition  of  the  said  bond  or  obligation,  with  the  interest,  or 
of  any  part  thereof,  to  sell  and  dispose  of  the  mortgaged  premises,  or  any 

(jf)  The  recitals  in  this  form  are  agreeable  to  the  Laws  of  New  York. 


366  ABBOTTS'  FORMS. 


Deed  on  Statute  Foreclosure, 


part  thereof,  by  public  auction,  for  payment  thereof;  and  to  make  and  de- 
liver to  the  purchaser  or  purchasers  thereof  good  and  suflScient  deed  or 
deeds  of  conveyance  in  the  law  for  the  same,  in  fee-simple ;  and  whereas 
the  said  indenture  of  mortgage  has  been  duly  recorded  according  to  law,  in 
the  ofl5ce  of  ,  at  ,  in  Liber        of  Mortgages,  page        ,  as 

by  the  said  indenture  of  mortgage,  and  the  record  thereof,  and  of  the  power 
therein  contained,  will  more  fully  appear. 

And  whereas  default  having  been  made  in  the  payment  of  dollars 

of  the  money  intended  to  be  secured  by  the  said  indenture  of  mortgage,  by 
which  the  power  to  sell  became  operative,  and  no  suit  or  proceeding  having 
been  instituted  to  recover  the  same,  the  mortgaged  premises  hereinafter  par- 
ticularly described  were,  on  the  day  of  ,  one  thousand  eight  hun- 
dred and  ,  sold  under  said  power  by  public  auction  to  the  said  party  of 
the  second  part  for  the  sum  of  dollars,  being  the  highest  sum  bid  for 
the  same,  due  and  sufficient  notice  having  been  previously  given  of  such 
sale,  by  advertisement  published  for  twelve  weeks  successively,  once  in  each 
week,  in  a  newspaper  entitled  the  ,  printed  in  the  town  of  , 
in  County,  being  the  county  [or,  one  of  the  counties]  in  which  the 
mortgaged  premises  are  situated,  and  by  affixing  a  copy  of  such  notice 
twelve  weeks  prior  to  the  time  therein  specified  for  such  sale,  on  the  out- 
ward door  of  the  courthouse  in  the  town  of  ,  being  the  building  in 
which  the  county  courts  are  directed  to  be  held  in  said  county  [nearat  to 
the  said  premises]  ;  and  by  duly  serving  a  copy  of  said  notice  at  least  four- 
teen days  prior  to  the  time  therein  specified  for  such  sale,  upon  said  M.  N. 
[or,  upon  0,  P.,  the  executor  of  said  M.  N,,  he  being  deceased],  and  upon 
0.  P.  and  Q,  R,,  grantees  [or,  mortgagees],  of  the  premises,  and  on  S,  T. 
and  U.  v.,  being  all  the  persons  having  any  claim  or  lien  on  said  premises 
subsequent  to  said  mortgage,  as  required  by  the  law. 

Now,  THEBEFOEE,  this  indenture  witnesseth,  that  the  party  of  the  first 
part,  for  and  in  consideration  of  the  sum  so  bid,  as  aforesaid,  to  him  in  hand 
paid  by  the  said  party  of  the  second  part,  the  receipt  whereof  is  hereby  ac- 
knowledged, has  granted,  bargained,  sold,  aliened,  remised,  released  and 
confirmed,  and  by  these  presents  does  grant,  bargain,  sell,  alien,  remise,  re- 
lease and  confirm  unto  the  said  party  of  the  second  part,  and  to  his  heirs 
and  assigns,  forever,  all  [here  insert  description  of  the  premises] :  Together 
WITH  all  and  singular  the  tenements,  hereditaments  and  appurtenances 
thereunto  belonging,  or  in  any  wise  appertaining,  as  the  same  are  described 
and  conveyed  in  and  by  the  said  indenture  of  mortgage ;  and  also,  all  the 
estate,  right,  title,  interest^  property,  claim  and  demand  whatsoever,  both 
in  law  and  equity,  of  the  said  M.  N.,  as  well  as  of  the  said  party  of  the  first 
part,  of,  in  and  to  the  above-described  premises,  with  the  appurtenances, 
as  fully,  to  all  intents  and  purposes,  as  the  said  party  of  the  first  part  hath 
power  and  authority  to  grant  and  sell  the  same,  by  virtue  of  the  said  in- 
denture of  mortgage,  and  of  the  statute  in  such  case  made  and  provided,  or 
otherwise :  To  have  axd  to  hold  the  said  above-granted  premises,  with 
their  appurtenances,  and  every  part  thereof,  unto  the  said  party  of  the 
second  part,  his  heirs  and  assigns,  forever. 

In  witness  [etc.,  as  in  Form  711], 


DEEDS.  367 

Under  Judiciiil  Sale. 


713.  Deed  by  a  Referee^  Pursuant  to  a  Judicial  Sale ; — An  Administra- 
trix, A  Husband  and  Wife  in  Right  of  the  Wife,  the  Wife  being  also  an 
Executrix,  and  Infants,  by  their  Guardians,  Joining  as  Parties. 

This  indenture,  made  tliis        day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  hetween  M.  N.,  special  referee  and  trustee,  ap- 
pointed by  the  Supreme  Court,  party  of  the  first  part,  A.  li.,  of  ,  ad- 
ministratrix with  the  will  annexed  of  0.  B.,  deceased,  and  the  said  A.  B., 
in  her  own  right,  0.  D.,  of  ,  and  E.  D.  his  wife,  in  right  of  the  said 
E.,  and  the  said  E.  as  executrix  of  the  last  will  and  testament  of  G.  H.,  de- 
ceased, J.  H.,  of  ,  and  K.  H.,  of  ,  by  J.  K,  their  guardian, 
parties  of  the  second  part,  and  Y.  Z.,  of  ,  of  the  third  part: 
Whekkas,  at  a  special  term  of  the  Supreme  Court  of  the  State  of  , 
held  for  the  county  of  ,  at  ,  on  the  day  of  ,  one  thou- 
sand eight  hundred  and  ,  it  was  among  other  things  ordered,  adjudged 
and  decreed  by  the  said  court,  in  a  certain  cause  then  pending  in  the  said 
court,  between  \here  name  the  parties  to  the  suit],  that  the  said  M.  N.,  as 
such  referee  and  trustee,  for  that  purpose  appointed  by  the  said  decretal 
order,  proceed  with  all  convenient  speed,  to  sell  for  cash,  all  real  estate 
which  the  said  C.  B.,  deceased,  died  seized  or  possessed  of  or  entitled  to, 
and  that  each  distinct  farm,  tract  or  lot  be  sold  separately,  and  at  public 
auction,  in  the  county  of  ,  by  or  under  the  direction  of  said  referee 
and  trustee,  and  that  said  referee  and  trustee  give  public  notice  of  the  time 
and  place  of  such  sale,  by  advertising  the  same  twice  a  week,  for  three 
weeks,  in  the  city  of  ,  and  once  a  week,  for  three  weeks,  in  any 
county  in  this  State  in  which  the  property  may  be  situated,  as  in  case  of 
sale  of  mortgaged  premises  in  suits  for  the  foreclosure  of  mortgages  on 
lands,  and  that  such  referee  and  trustee  execute  to  the  purchaser  or  pur- 
chasers, good  and  suflBcient  deed  or  deeds  of  conveyance  therefor ;  and  it 
was  further  ordered,  adjudged  and  decreed,  in  and  by  the  said  decretal 
orxler,  that  the  parties  to  the  said  suit,  respectively — that  is  to  say,  the 
adult  parties,  personally,  and  the  said  infant  defendants  by  their  several 
guardians  ad  litem  [who  were  thereby  severally  appointed  and  authorized 
for  that  purpose] — unite  with  the  said  referee  and  trustee  in  such  deed  or 
deeds  of  conveyance  ;  and  that  the  said  E.  D.,  if  living,  unite  in  the  said 
deed  or  deeds  as  such  executrix  as  aforesaid,  and  in  case  the  said  E.  D. 
should  die  before  the  said  sale  and  conveyance,  then  it  was  ordered  that  no 
proceedings  be  had  towards  such  sale,  until  some  party  to  said  suit  should 
obtain  letters  of  administration  with  the  will  annexed,  of  the  goods,  chattels 
and  credits  not  administered  of  the  decedent,  G.  H.,  thereby  left  without 
a  personal  representative,  and  that  the  party  obtaining  such  letters  of  ad- 
ministration also  unite  as  such  in  the  said  deed  or  deeds  of  conveyance. 
And  whereas  the  said  M.  K,  the  said  party  of  the  first  part,  as  referee  or 
trustee  aforesaid,  in  pursuance  of  the  said  decretal  order  of  the  said  court, 
did,  on  the  day  of  ,  one  thousand  eight  hundred  and  ,  sell 
at  public  auction,  at  the  Merchant's  Exchange,  in  tlie  city  of  ,  the 
premises  hereinafter  mentioned  and  described,  due  notice  of  the  time  and 
place  of  such  sale  being  first  given,  agreeably  to  the  said  decretal  order,  bj 


368  ABBOTTS'  FORMS. 


Deeda  upon  Various  Peculiar  Considerations. 


advertising  the  same  twice  a  week,  for  three  weeks  and  upwards,  in  a  news- 
paper published  in  the  city  of  ,  and  once  a  week,  for  three  weeks  and 
upwards,  in  a  newspaper  published  in  the  county  of  ,  in  which  county 
part  of  the  property  to  be  sold  is  situated,  such  advertisement  being  as  in 
the  case  of  sales  of  mortgaged  premises  in  suits  for  the  foreclosure  of 
mortgages  on  lands ;  at  which  sale  the  premises  hereinafter  described  were 
struck  off  to  the  said  party  of  the  third  part  for  the  sura  of  dollars, 
that  being  the  highest  sum  bidden  for  the  same,  and  he  being  the  highest 
bidder  therefor.  Now  this  indenture  witnesseth,  that  tlie  said  party  of 
the  first  part,  as  referee  and  trustee  as  aforesaid,  and  the  parties  of  the 
second  part  to  these  presents,  in  order  to  carry  into  effect  the  sale  so  made 
by  said  party  of  the  first  part,  and  in  pursuance  of  said  decretal  order,  and 
in  consideration  of  the  premises,  and  of  the  said  sum  of  money  so  bidden 
as  aforesaid  being  first  duly  paid  by  the  said  party  of  the  third  part  to  the 
said  party  of  the  first  part,  the  receipt  whereof  is  hereby  acknowledged  by 
the  said  party  of  the  first  part,  have  bargained  and  sold,  and  by  these  pres- 
ents do  bargain,  sell  and  convey  unto  the  said  party  of  the  third  part  all 
that  certain  lot,  piece  or  parcel  of  land  [describing  it],  together  with  all 
and  singular  the  tenements,  hereditaments  and  appurtenances  thereunto  be- 
longing, or  in  any  wise  appertaining,  and  the  reversion  and  reversions,  re- 
mainder and  remainders,  rents,  issues,  and  profits  thereof;  and  also  all  the 
estate,  right,  title,  interest,  dower  and  right  of  dower,  property,  possession, 
claim  and  demand  whatsoever,  as  well  at  law  as  in  equity,  of  the  said  par- 
ties of  the  first  and  second  parts,  and  of  each  an^  every  of  them,  of,  in 
and  to  the  above-described  premises,  and  every  part  and  parcel  thereof,  with 
the  appurtenances.  To  have  and  to  hold  all  and  singular  the  above 
mentioned  and  described  premises,  together  with  the  appurtenances,  unto 
the  said  party  of  the  third  part,  his  heirs  and  assigns,  forever. 

In  witness  whereof,  the  said  parties  of  the  first  and  second  parts  have 
hereto  set  their  hands  and  seals,  the  day  and  year  first  above  written. 
Signed,  sealed  and  delivered  |  M.  N.,  Trustee  and  Referee  [Seal] 

in  the  presence  of  )  A.  B.,  Administratrix,  etc.    [Seal.] 

Signatures  qf  witnesses?  A.  B.,  [Seal.] 

0.  D.,  [Seal] 

E.  D.,  [Seal] 

E.  D.,  Executrix,  etc.  [Seal] 


J.  H.  and  [Seal] 

K.  H.,  •  [Seal] 

By  J.  K.,  their  guardian 


Deeds  upon  Peculiar  Considerations. 

714.  Deed  to  Correct  Mistakes  in  a  Prior  Conveyance. 
TraH  TNDENTrRE,  made  this  day  of  ,  18     ,  between  A.  B.,  of 

,  merchant,  of  the  first  part,  and  Y.  Z.,  of  ,  farmer,  of  the 

second  part,  witnesseth : 


DEEDS.  369 

Confirmation. 


"Whereas  the  said  A.  B.  did,  on  or  about  the        day  of  ,  18    ,  ex- 

ecute and  deliver  to  the  party  of  the  second  part  [or,  to  one  Y.  Z ,  under 
whom  the  party  of  the  second  part  hereto  claims],  for  the  consideration 
therein  mentioned,  a  conveyance  of  certain  lands  in  ,  hereinafter 

more  particularly  described,  which  said  conveyance  is  recorded  in  the  office 
of  the  ,  of  County,  book        ,  page        ,  of  conveyances.     And 

whereas,  in  said  conveyance,  by  mistake,  the  words  were  written  in- 

stead of  the  words  [or  otherioise  specify  the  er,rors\.     And  whereas, 

to  prevent  difficulties  hereafter,  it  is  expedient  to  correct  said  errors  :  Now, 
THEREFOEE,  this  indenture  witnesseth,  that  the  said  party  of  the  first  part, 
in  consideration  of  the  premises  and  of  one  dollar  to  him  paid  by  the  party 
of  the  second  part,  hereby  grants,  conveys,  releases  and  confirms  unto  the 
said  party  of  the  second  part,  his  heirs  and  assigns,  forever,  all  [eic,  insert- 
ing description^  and  concluding  as  in  other  cases]. 


715.  Deed  Confirming  a  Prior  Voidable  Deed. 

Tms  rsDENTTTEE,  made  this        day  of  ,  one  thousand  eight  hundred 

and  ,  between  A.  B.,  of  ,  in  the  county  of  ,  and  State  of 

,  farmer,  of  the  first  part,  and  Y.  Z.,  of  ,  in  the  said  county, 

merchant,  of  the  second  part.     "Whereas,  by  a  deed  bearing  date,  on  the 
day  of  »  18    ,  and  therein  mentioned  to  be  made  by  the  party 

hereto  of  the  first  part  [with  one  C.  D.]  of  the  one  part,  and  [or,  unto]  the 
said  Y.  Z.,  of  the  other  part,  and  in  consideration  of  ,  the  premises 

hereinafter  described  were  granted  and  conveyed,  or  intended  so  to  be,  to 
the  said  Y.  Z.,  his  heirs  and  assigns,  forever ;  and  whereas  \here  recite  de- 
fect which  rendered  the  deed  voidable — e.  g.,  infancy,  thus:]  the  said  A.  B., 
at  the  time  of  the  date  and  making  the  said  in  part  recited  deed,  was  not 
of  the  age  of  twenty-one  years,  but  has  since  attained  to  such  age,  and  has 
this  day,  and  before  the  execution  of  these  presents,  duly  sealed  and  de- 
livered the  said  in  part  recited  deed.  N"ow,  this  indenttjee  wiTiraissETn : 
That  [as  well  in  the  performance  of  a  covenant  for  further  assurance  in  the 
said  deed  contained,  as  also]  for  and  in  consideration  of  the  sum  of 
dollars,  to  him,  the  said  A.  B.,  in  hand  paid  by  the  said  Y.  Z.,  the  receipt 
whereof  the  said  A.  B.  does  hereby  acknowledge,  he,  the  said  A,  B.,  has, 
and  now  by  these  presents  does,  ratify,  approve  and  confirm(A)  said  deed, 
and  reraise,  release  and  quit-claim  unto  the  said  Y.  Z.,  in  his  actual  posses- 
sion now  being,  by  virtue  of  the  before-mentioned  deed,  and  to  his  heirs 
and  assigns,  all  [here  insert  description  of  premises],  together  with  all  tlie 
tenements,  hereditaments  and  appurtenances  thereunto  belonging  or  in  any 
wise  appertaining.  To  have  and  to  hold  all  and  singular  the  above-de- 
scribed premises,  together  with  the  appurtenances,  and  every  part  thereof, 
into  said  party  of  the  second  part,  his  heirs  and  assigns,  forever. 

And  the  said  [continuing  as  in  Form  677,  from  the  *  to  the  end].(i) 

(h)  These  ore  the  appropriate  words  for         (i)  A  covenant  for  further  assurance 
such  a  deed.    2  Hilliard''8  R.  F.^Zlb,  may  properly  be  inserted.    See  Form  626. 

24 


370  ABBOTTS'  FORMS. 


Deed  of  ReloaHe. 


716.  Short  Form  of  the  Same  ;  By  Indorsement  on  the  Prior  Deed. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  the  grantor 

within  named,  do  by  these  presents  grant,  ratify  and  confirm  unto  Y.  Z., 
of  ,  all  the  estate  which  I  may  have  in  the  premises  within  described 

with  the  appurtenances,  to  havk  and  to  hold  unto  him,  the  said  Y.  Z., 
and  his  heirs  and  assigns,  forever. 

Witness  my  hand  and  seal,  this        day  of  ,  18    . 

Signed,  sealed  and  delivered )  A.  B.  [Seal.] 


in  presence  of  J 

[Signature  of  witness.] 


717.  Helease  hy  a  Trnstee  to  the  Grantee  of  His  Cestui  que  Trust. 

Know  all  men  by  these  presents,  that  whereas  M.  N.  heretofore  obtained 
a  judgment  against  O.  P.,  of  ,  whereon  a  writ  of  feri  facias  was 

issued ;  and  all  the  estate,  right,  title  and  interest  of  the  said  O.  P.  to  the 
premises  hereinafter  mentioned  and  described,  together  with  divers  other 
premises,  was  sold  by  the  sheriff  of  the  county  of  ,  under  and  by 

virtue  of  the  aforesaid  writ ;  and  whereas  all  the  estate,  right,  title  and  in- 
terest of  the  said  O.  P.,  so  sold  as  aforesaid,  was  his  life  estate  in  and  to  the 
said  premises  ;  and  whereas  the  said  M.  N.  became  the  purchaser  thereof; 
and  afterwards,  by  indenture  bearing  date  the        day  of  ,  in  the  year 

one  thousand  eight  hundred  and  ,  and  which  was  recorded  in  the 

office  of  the  in  and  for  the  county  of  ,  in  liber  of  convey- 

ances, page  ,  on  the        day  of  ,  18     ,  as  by  reference  thereto 

more  fully  appears,  conveyed  to  me,  A.  B.,  of  ,  in  trust  for  the  benefit 

of  the  said  O.  P.,  all  his  right,  title  and  interest  in  and  to  the  premises 
herein  mentioned  and  described,  together  with  divers  other  premises  in  the 
said  indenture  above  referred  to,  as  by  reference  to  the  record  thereof  wUl 
appear : 

Now,  THEEEFOHE,  KNOW  YK,  that  I,  A.  B.,  for  the  purpose  of  carrying  into 
effect  the  said  trust,  and  at  the  request  of  the  said  O.  P.,  which  said  request 
is  testified  by  his  signature  indorsed  hereon,  and  in  consideration  of  one 
dollar  to  me  in  hand  paid  by  Y.  Z.,  of  ,  have,  and  by  these  presents 

do,  remise,  release  and  quit-claim  to  the  said  Y.  Z.,  and  to  his  heirs  and 
assigns,  all  my  right,  title  and  interest  in  and  to  all  [describing  premises], 
together  with  the  appurtenances ;  to  have  and  to  hold,  unto  the  said  Y. 
Z.,  his  heirs  and  assigns,  to  his  and  their  only  proper  use,  benefit  and  be- 
hoof forever. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this  day 
of  ,  in  the  year  one  thousand  eight  hundred  and 

Signed,  sealed  and  delivered )  A.  B.  [Seal.] 

in  the  presence  of         j 
[Signature  of  witness.] 


DEEDS.  371 

Voluntary  Partition. 


718.  Deed  of  Partition. 

This  indestcke,  made  the        day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  betwgen  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  merchant,  of  the  first  part,  and  0.  D.,  of  ,  in  the 

said  county,  farmer,  of  the  second  part,  and  E.  F.,  of  aforesaid,  mason, 
of  the  third  part : 

Whereas  tne  parties  hereto  have  and  hold  as  tenants  in  common  [or,  as 
joint  tenants]  in  equal  parts  [or,  viz.,  the  said  A,  B.  two  equal  undivided 
sixths,  and  the  said  0.  D.  one  equal  undivided  sixth,  and  the  said  E.  F. 
three,  etc.,  of]  a  certain  tract,  piece  or  parcel  of  land  situate  in  ,  being 

the  same  premises  conveyed  to  them  by  M.  N.  by  deed  bearing  date  the 
day  of  ,  18    [or,  devised  to  them  by  the  will  of  M.  N.,  or  other- 

wise, according  to  the  fact] ;  and  whereas  the  parties  hereto  have  mutually 
agreed  to  make  partition  of  said  land  and  hold  their  respective  shares  in 
severalty:  Now  this  indenicre  witnesses — First,  the  said  A.  B.,  party  of 
the  first  part,  shall  from  henceforth  have,  hold,  possess  and  enjoy  in  sev- 
eralty by  himself,  and  to  him,  and  his  heirs  and  assigns,  for  his  share  and 
proportion  of  the  said  lands  and  premises,  all  [here  insert  description  of  the 
part  allotted  to  hirn] ;  and  the  said  parties  of  the  second  and  third  parts,  in 
consideration  of  the  premises  [and  of  the  sum  of  dollars  to  them  paid 

by  the  said  A.  B,  for  equality  of  partition,  the  receipt  whereof  is  hereby  ac- 
knowledged], do  hereby  give,  grant,  set  over,  convey,  release  and  confirm 
unto  the  said  A.  B.,  the  party  of  the  first  part,  his  heirs  and  assigns,  for- 
ever, the  last  above-described  premises:  Together  with  all  and  singular 
the  tenements,  hereditaments  and  appurtenances  thereunto  belonging  or  in 
any  wise  appertaining,  and  the  reversion  and  reversions,  remainder  and 
remainders,  rents,  issues  and  profits  thereof,  and  also  all  the  estate,  right, 
title,  interest  [dower  and  right  of  dower(j)],  property,  possession,  claim  and 
demand  whatsoever  of  the  said  parties  of  the  second  and  third  parts,  both 
in  law  and  in  equity,  of,  in  and  to  the  above-granted  premises,  with  the 
hereditaments  and  appurtenances :  To  have  and  to  hold  all  and  singular 
the  above-granted  premises,  together  with  the  appurtenances  and  every 
part  thereof,  unto  the  said  party  of  the  first  part,  his  heirs  and  assigns,  for- 
ever [if  there  is  any  encumbrance,  add,  subject  to,  etc.,  specifying  it]. 

And  the  said  parties  of  the  second  and  third  parts  do  hereby  severally, 
and  not  jointly,  but  each  for  himself,  and  for  his  heirs,  executors  and  admin- 
istrators, covenant,  proudse  and  agree,  to  and  with  the  said  party  of  the  first 
part,  that  he,  the  said  A.  B.,  his  heirs  and  assigns,  shall  or  lawfully  may, 
from  time  to  time,  and  at  all  times  hereafter,  forever,  freely,  peaceably  and 
quietly,  have,  hold,  occupy,  possess  and  enjoy  the  said  first-described  piece 
or  allotment  of  land,  with  the  appurtenances,  and  receive  and  take  the 
rents,  issues  and  profits  thereof,  without  any  molestation,  interruption  or 
denial  of  them,  the  parties  of  the  second  and  third  parts,  their  heirs  or  as- 
signs, or  of  any  other  person  or  persons  whatsoever,  lawfully  claiming  or 

(J)  Omit  these  words,  uuless  a  wife  joins  to  bar  her  dower  as  to  this  allotment. 


872  ABBOTTS'  FOKMS. 


Deed  in  Confirmntion  of  Devise. 


to  claim  by,  from  or  under  them  or  either  of  them,  or  by  or  with  his  or 
their  act,  privity  or  procurement. 

Second.  The  said  C.  D.,  party  of  the  second  part,  shall  from  henceforth 
have,  hold,  possess  and  enjoy  in  severalty  by  himself,  and  to  him,  and  his 
heirs  and  assigns,  for  his  share  and  proportion  of  the  said  lands  and  prem- 
ises, all  [here  insert  description  of  the  part  allotted  to  Aiw] ;  and  the  said 
parties  of  the  first  and  third  parts  do  hereby  give,  grant,  set  over,  convey, 
release  and  confirm  unto  the  said  C.  D.,  the  party  of  the  second  part,  his 
heirs  and  assigns,  forever,  the  last  above-described  jjremises:  Togethee 
with  [etc.^  as  above;  and  so  on  with  the  allotment  to  the  party  of  the  third 
parti. 

In  wrrNESs  whebeof,  the  parties  to  these  presents  have  hereunto  inter 
changeably  set  their  hands  and  seals,  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered )  [Signatures  and  seals.l 

in  the  presence  of         J 
[Signature  of  witness.] 

719.  Deed  Among  Heirs  in  Confirmation  of  Devises,  With  Covenant  to 
Alide  By  the  Will. 

This  indentuee,  made  the         day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  widow  of  B.  B.,  late  of  ,  in 

the  coimty  of  ,  farmer,  deceased,  of  the  first  part;  C.  B.,  of  the  same 

place,  and  L.  B.  his  wife,  of  the  second  part;  E.  B.,  of  the  same  place,  and 
J.  B.  his  wife,  of  the  third  part :     Whereas  the  said  B.  B.,  late  of  in 

the  County,  farmer,  deceased,  being  in  his  lifetime  seized  of  the  real 

estate  therein  mentioned,  did,  in  due  foi*m  of  law,  make  and  publish  his  last 
will  and  testament  in  writing,  containing  devises,  of  which  the  following  are 
a  copy  [here  set  forth  the  provisions ;  or,  refer  to  the  will  on  record]: 
And  whereas  the  said  testator  after  making  the  said  will,  died  seized  as 
aforesaid,  without  revoking  or  altering  the  same;  and  whereas  the  said 
A.  B.,  party  of  the  first  part,  is  the  widow,  and  the  said  0.  B.  and  E.  B.  are 
the  children,  devisees  and  heirs  at  law  of  the  said  B.  B.,  the  testator, 
deceased  [and  whereas  doubts  have  been  suggested  whether  the  words 
contained  in  the  said  Avill  are  sufficient  in  the  law  to  pass  an  estate  in  fee- 
simple  to  the  said  A,  B.  for  the  lot  of  land  in  Third-street,  de\-1sed  or 
intended  to  be  devised  to  her,  and  also  to  pass  estates  in  fee  to  the  said 
C.  B.  and  E.  B.,  in  and  to  the  several  premises  respectively  devised  or 
intended  to  be  devised  to  them] ;  and  the  said  several  parties  to  these 
presents,  being  willing  and  desirous  that  the  real  inter  tions  of  the  said 
testator  should  be  carried  into  eflfect  notwithstanding  any  errors  or  imper- 
fections which  may  or  do  exist  in  the  said  will,  have  agreed  to  make  and 
execute  an  instrument  of  writing,  under  their  respective  hands  and  seals, 
which  shall  be  sufficient  for  that  purpose. 

Now  THKRKFOHE,  this  indenture  witnesseth,  that  the  said  C.  B.  and  L.  B. 
bis  wife,  and  E.  B.  and  J.  B.  his  wife,  for  the  considerations  aforesaid,  and 
for  the  further  consideration  of  one  dollar  to  them  in  hand  paid  by  the  said 
A.  B.,  the  receipt  of  which  they  do  hereby  acknowledge,  have  granted, 


DEEDS.  873 

Confirmation  of  Devise. 


bargained,  sold,  aliened,  remised,  released  and  confirmed,  and  by  these 
presents  do  fully,  freely,  and  absolutely  grant,  bargain,  sell,  alien,  remise, 
release  and  confirm  unto  the  said  A.  B.  in  her  actual  possession  now  being, 
and  to  her  heirs  and  assigns  forever,  all  that  lot  of  land  situate  in  Third- 
street,  in  the  city  of  New  York,  and  mentioned  in  the  said  will  as  given  to 
her ;  together  with  the  appurtenances,  and  also  all  and  singular  the  right, 
title,  interest,  dower,  claim  and  demand  whatsoever,  both  at  law  and  in 
equity,  of  the  said  C.  B.  and  L.  B.  his  wife,  and  E.  B.  and  J.  B.  his  wife,  of, 
in  and  to  the  same :  to  have  and  to  hold  the  said  lot  of  ground  in  Third- 
street,  with  the  appurtenances,  to  the  said  A.  B.,  her  heirs  and  assigns,  foi*- 
ever  ;  and  the  said  0.  B.  and  L.  B.  his  wife,  and  E.  B.  and  J.  B.  his  wife, 
do  further  release  and  confirm  unto  the  said  A.  B.,  the  one-half  of  the 
dwelling-house  at  ,  in  which  the  said  B.  B.,  the  testator,  resided,  to 

have  and  to  hold  the  same  to  the  said  A.  B.  during  the  term  of  her  natural 
life. 

And  this  indenttjrk  further  witnesseth,  that  the  said  E.  B.  and  J.  B.  his 
wife,  for  the  considerations  aforesaid,  and  also  for  the  further  consideration 
of  the  sum  of  one  dollar  to  them  in  hand  paid  by  the  said  0.  B.,  the  receipt 
whereof  they  do  hereby  respectively  acknowledge,  have  granted,  bargained, 
sold,  aliened,  remised,  released  and  confirmed,  and  by  these  presents  do 
fully,  freely  and  absolutely  grant,  bargain,  sell,  alien,  remise,  release  and 
confirm  unto  the  said  E.  B.,  and  to  his  heirs  and  assigns  forever,  the  house 
and  land  now  in  his  possession,  situate  in  aforesaid,  and  devised  or 

intended  to  be  devised  to  him  in  and  by  the  aforesaid  will,  together  with 
the  appurtenances  and  also  all  the  estate,  right,  title,  interest,  dower,  claim 
and  demand  whatsoever,  both  at  law  and  in  equity,  of  them,  the  said  E.  B. 
and  J.  B.  his  wife ;  to  have  and  to  hold  the  said  premises,  with  tho 
appurtenances,  to  the  said  0.  B.,  his  heirs  and  assigns,  to  the  sole  and  only 
proper  use,  benefit  and  behoof  of  the  said  0.  B.,  his  heirs  and  assigns, 
forever. 

And  THIS  INDENTURE  further  witnesseth,  that  the  said  0.  B.  and  L.  B.  his 
wife,  for  and  in  consideration  aforesaid,  and  for  the  further  consideration 
of  one  dollar  to  them  in  hand  paid  by  the  said  E.  B.,  at  or  before  the  en- 
sealing and  delivery  of  these  presents,  the  receipt  of  which  they  do  hereby 
acknowledge,  have  granted,  bargained,  sold,  aliened,  remised,  released  and 
confirmed,  and  by  these  presents  do  fully,  freely  and  absolutely  grant, 
bargain,  sell,  alien,  remise,  release  and  confirm  unto  the  said  E.  B.  in  his 
actual  possession  now  being,  and  to  his  heirs  and  assigns  forever,  the 
dwelling-house  of  the  said  testator  [subject  to  the  life-estate  of  the  said 
A.  B.  in  a  moiety  thereof],  together  with  the  appurtenances;  and  also  all 
the  estate,  right,  title,  intere^^t,  dower,  claim  and  demand  whatsoever,  at 
law  and  in  equity,  of  the  said  0.  B.  and  L.  B.  his  wife,  of,  in  and  to  the  same : 
TO  HAVE  AND  TO  HOLD  all  aud  singular  the  said  premises,  with  the  appurte-  / 
nances,  unto  the  said  E.  B.,  his  heirs  and  assigns,  to  the  sole  and  only 
proper  use,  benefit  and  behoof  of  the  said  E.  B.,  his  heirs  and  assigns, 
forever. 

And  this  indenture  further  witnesseth,  that  the  said  E.  B.  for  himself, 
his  heirs  and  assigns,  doth  hereby  fi-e«ly  grant  and  confirm  unto  the  said 


374  ABBOTTS'  FORMS. 


Deeds  of  Gift. 


0.  B.,  his  heirs  and  assigns,  fore'ver,  the  use  and  privilege  of  a  road  to  pase 
and  repass  to  and  from  the  river,  with  wagons,  horses  and  carriages, 
through  tlie  land  hereinbefore  conveyed  to  the  said  E.  B.,  to  have  and  to 
hold  the  said  use  and  privilege  to  the  said  0.  B.,  and  to  his  heirs  and 
assigns  forever. 

And  the  sevekal  and  respective  parties  to  these  presents,  each  of  them 
for  himself,  herself  and  themselves,  his,  her  and  their  heirs,  executors  and 
administrators,  do  hereby  mutually  covenant,  promise,  grant  and  agree  to 
and  with  the  other  and  others  of  them,  his,  her  and  their  heirs,  executors, 
administrators  and  assigns,  that  in  every  re.«pect  and  particular  not  herein- 
before especially  agreed  upon  and  provided  for,  they,  the  said  parties,  and 
each  and  every  of  them  respectively,  and  their  and  each  and  every  of  their 
legal  representatives,  shall  and  will  in  all  things  abide  by  the  will  of  the 
said  testator,  and  carry  the  same  into  full  execution  and  effect,  agreeably  to 
the  intentions  of  the  said  testator,  and  according  to  the  true  intent  and 
meaning  of  the  same. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  inter- 
changeably set  their  hands  and  seals,  the  day  and  year  first  above  written. 

Signed,  sealed  and  deUvered )  [Signatures  and  seals.] 

in  presence  of  ) 

[Signature  of  witness.] 

720.  Deed  of  Gift.(k) 

This  indentube,  made  this        day  of  ,  one  thousand  eight  hundred 

and  ,  between  A.  B.,  of  ,  in  the  county  and  State  of  , 

merchant  [and  C.  B.  his  wife],  of  the  first  part,  and  B.  B.,  of  the  same  place, 
son  of  the  said  A.  B.,  physician,  of  the  second  part :  Witnesseth,  that  the 
said  A.  B.,  for  and  in  consideration  of  the  natural  love  and  affection,  which 
he  has  unto  the  said  B.  B.,  by  these  presents  does  give,  grant,  alien,  enfeoff 
and  confirm  unto  the  said  B.  1^.,  his  heirs  and  assigns,  forever,  all  [here 
insert  description  of  the  premines] :  Together  with  all  and  singular  the 
tenements,  hereditaments  and  appurtenances  thereunto  belonging,  or  in  any 
wise  appertaining;  and  the  reversion  and  reversions,  remainder  and  re- 
mainders, rents,  issues  and  profits  thereof,  and  all  the  estate,  right  [dower 
and  claim  of  dower(f)],  title,  interest,  property,  claim  and  demand,  whatso- 
ever, of  the  .'jaid  party  [or,  parties]  of  the  first  part,  of,  in  and  to  the  said 
premises,  with  the  appurtenances,  and  every  part  thereof:  To  have  and 
TO  HOLD  all  and  singular  the  above-granted  premises,  with  the  appurtenances, 
unto  the  said  B.  B.,  his  heirs  and  assigns,  forever. 

In  witness  whereof,  the  party  [or,  parties]  of  the  fii'st  part  has  [or,  have] 
hereunto  set  his  hand  and  seal  [or,  their  hands  and  seals],  the  day  and  year 
above  written. 

Signed,  sealed  and  delivered  I  [Signatures  and  seals.] 

in  presence  of  ) 

[Signature  of  witness.] 

(h)  For  the  form  of  a  covenant  to  stand  (l)  Omit  these  words,  unless  a  wifo 
seized  to  uses,  see  chapter  of  Covknants.    joins. 


DEEDS.  375 

Excliange. 

721.  Deed  of  Exchange,  {m) 

Tms  iNDENTUEE,  made  this        day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county  ot 

,  and  State  of  ,  merchant,  of  the  first  part,  and  Y.  Z.,  of 

,  in  the  said  county,  farmer,  of  the  second  part : 

"Witnesseth,  that  the  said  party  of  the  first  part  has  given  and  granted, 
and  by  these  presents  does  glTC  and  grant  unto  the  said  party  of  the  second 
part,  his  lieirs  and  assigns,  forever,  all  [here  insei-t  description  of  prerimes\ 
together  with  the  tenements,  hci-editaments  and  appurtenances  thereunto 
belonging,  or  in  any  wise  appeitaining,  in  exchange  of  and  for  the  lands 
hereinafter  mentioned,  of  the  said  party  of  the  second  part.  To  have  and 
TO  noi.D  the  said  premises,  with  the  appurtenances,  and  every  part  thereof^ 
to  the  said  party  of  the  second  part,  his  heirs  and  assigns,  forever,  in  ex- 
change for  the  said  lands  hereinafter  mentioned.  [Here  may  insert  the 
coteiuints^  if  any,  which  are  usually  the  covenants  against  encumhrances 
and  for  further  assurance.^ 

And  the  said  parrty  of  the  second  part  has  likewise  given  and  granted, 
and  by  these  presents  does  give  and  grant  unto  the  said  party  of  the  first 
part,  his  heirs  and  assigns,  forever,  all  [here  insert  description  of  premii^es], 
together  with  the  tenements,  hereditaments  and  appurtenances  thereunto 
belonging,  or  in  any  wise  appertaining,  in  exchange  of  and  for  the  lands, 
hereinbefore  mentioned,  of  the  said  party  of  the  first  part.  To  have  axd 
TO  HOLD  the  said  premises,  with  the  appurtenances,  and  every  part  thereof, 
to  the  said  party  of  the  first  part,  his  heirs  and  assigns,  forever,  in  exchange 
for  the  said  lands  hei'einbelbre  mentioned.  [Here  may  insert  the  covenants, 
if  any,  which  are  usually  the  covenants  against  encumbrances  and  for  fur- 
ther assurance  ;  and  may,  if  desired,  add  the  following  proviso  for  re-entry 
in  case  of  eviction.^ 

Provided  always,  nevertheless,  and  these  presents  are  upon  this  condi- 
tion, and  it  is  the  true  intent  and  meaning  of  the  parties  hereunto,  that  if 
it  shall  happen  that  either  of  the  said  parties  to  these  presents,  their  execu- 
tors, administrators  or  assigns,  shall  at  any  time  hereafter,  during  the  said 
respective  terms  above  granted,  by  color  or  means  of  any  former  or  other 
conveyance,  or  otherwise  howsoever,  be  ousted  or  evicted  of  and  from  the 
possession  of  either  of  the  said  messuages  or  tenements,  and  otlier  the 
premises,  so  respectively  granted  in  exchange  as  aforesaid,  or  any  part 
thereof,  then  and  in  any  such  case  the  grant  and  conveyance  made  by  these 
presents  shall  be  utterly  void  and  of  none  effect;  and  thenceforth  it  shall 
and  may  be  lawful  to  and  for  the  party  or  parties  so  ousted  or  evicted,  into 
his  or  their  said  former  messuage  or  tenement  and  premises,  with  all  and 
singular  the  appurtenances,  to  re-enter,  and  the  same  to  have  again,  re- 
possess and  enjt>y,  as  of  his  and  their  former  estate  or  estates,  any  thing 
herein  contained  to  the  contrary  notwithstanding. 


(m)  This  form  of  conveyance  is  rarely    change  to  give  an  ordinary  deed  to  the 
used  in  this  country.      It  is    commonly    other, 
more  convenient  for  each  party  to  an  ex- 


376  ABBOTTS'  FORMS. 


Description  of  Property  in  Deed. 


In  witness  wheeeof,  tbe  parties  to  these  presents  have  hereunto  inter- 
changeably set  their  hands  and  seals,  the  day  and  year  first  above  written. 
Signed,  sealed  and  deUvered )  [Signatures  and  seals.] 

in  presence  of  \ 

[Signature  of  witness.] 

Various  Descriptions  of  Property  and  Appurtenances;    Exceptions, 
Resercations ;  Conditions. 

722.  Description  of  Land  ly  No.  of  Lot  and  Township. 

All  that  certain  tract  or  parcel  of  land  known  as  Lot  No.  2  (two),  in 
Township  No.  3  (three),  in  range  4  (four),  in  the  connty  of  ,  and 

State  of  aforesaid,  containing  acres,  (n) 

723.  Description  hy  Metes  and  Bounds.(p) 

All  that  certain  tract,  piece  or  parcel  of  land  situate,  lying  and  being  in 
the  town  of  ,  county  of  ,  and  State  of  ,  known  and 

described  as  follows:  beginning  at  a  stake  and  stones  in  the  northeast  cor- 
ner of  the  meadow-lot,  now  or  late  of  M.  N.,  running  thence  northerly(p) 
sixteen  (16)  rods;  thence  north  twenty-three  degrees  (23°) ;  east,  ten  (10) 
rods;  thence  south  twenty-five  degrees,  ten  minutes  (25°  10') ;  east,  sixteen 
(16)  rods,  ten  (10)  inches  ;  thence  south  by  west  to  the  point  of  beginning, 
containing  acres,  (g-) 

724.  The  Same  of  a  City  Lot. 

All  that  certain  lot,  piece  or  parcel  of  land,  with  the  buildings  thereon 
erected,  situate,  lying  and  being  in  the  Nineteenth  Ward  of  the  city  of  New 
York,  bounded  and  described  as  follows — to  wit :  beginning  at  a  point  on 
the  westerly  side  of  Second  Avenue,  distant  twenty  (20)  feet  and  five  (5) 
inches  northerly  from  the  northerly  side  of  Fiftieth-street,  and  running  thence 
westerly  through  a  party  wall  and  parallel(r)  with  Fiftieth-street,  seventy  (70) 
feet ;  thence  northerly  and  parallel  with  Second  Avenue,  twenty  (20)  feet ; 
thence  easterly  to  and  through  another  party  wall  and  parallel(?')  with 

(n)  This  form  conveys  the  wliole  lot,  due  north,  due  south,  etc.       Brandt  v. 

and  the  reference  to  the  area  will  be  con-  Ogden,  1  Johns.,  156;  Jackson  v.  Reeves, 

trolled  by  the  words  referring  to  the  lot.  3  CaL,  293. 
Hathaway  v.  Power,  6  Hill,  453.  {q)  The  specification  of  the  number  of 

(o)  Where  land  is  conveyed  by  metes  acres  cannot  control  a  palpable  descrip- 

and  bounds,  running  from  fixed  and  visi-  lion    of   a    larger    area    by   monuments, 

ble  uionunients,  whether  natural  or  artifi-  courses  and  distances.      Jackson  v.  Mc- 

cial,  such  monuments  or  marks  appearing  Connell,  19  Wend.,  175. 
upon  the  land  must  be  adhered  to,  and        (r)  This  word  should  not  be  inserted 

will   control   the   distances,   courses  and  where  there  can  be  any  mistake,  unless  it 

area  specified.      Wendell  n.   Jackson,   8  is  material,  as  a  line  described  as  parallel 

Wend.,  183;  Jackson  v.  Camp,  1   Cow.,  may  be   so    located,   though    it    violates 

605.  course  and  distance.     Northrop  v.  Sum- 

(p)  Northerly,  southward,  etc.,  if  used  ney,  27  Barb.,  196. 
without  (Qualification,  are  taken  to  mean 


DEEDS.  877 

Description  of  Property. 


Fiftieth-street,  seventy  (70)  feet  to  the  -westerly  side  of  Second  Avenue,  and 
thence  southerly  along  the  said  westerly  side  of  Second  Avenue,  twenty 
(20)  feet  to  the  point  or  place  of  beginning. 

725.  Description  hy  Reference  to  a  Map. 

All  those  lots  of  ground  situate,  lying  and  being  in  the  "Ward  of 

the  city  of  ,  known  and  distinguished  on  a  certain  map  of  the  prop- 

erty of  M.  N.,  made  by  O.  P.,  city  surveyor,  and  now  on  tile  in  the  office  of 
,  in  said  ,  by  the  numbers  one  hundred  and  seventeen  (117) 

and  one  hundred  and  eighteen  (118). (s) 


726.  Description  Bounding  by  Riters,  Highways  and  Other  Boundaries. 

All  that  tract  of  land  situate,  lying  and  being  in  the  town  of  ,  in 

said  county  of  ,  and  bounded  and  described  as  follows :  on  the  east 

by  the  Ox  Bow  Creek, (<)  on  the  southeast  by  the  northwest  bank  of  the 
Salmon  River, (m)  on  the  south  by  land,  now  or  late  of  M.  N.,(«)  on  the 
west  by  [the  east  side  oi]{w)  the  highway  leading  to  P. 

727.  Description  of  Water-Lot. 

All  that  certain  water-lot,  or  vacant  ground  and  soil  under  water,  to  be 
made  land,  and  gained  out  of  the  North  or  Hudson  River,  and  bounded, 
described  and  containing  as  follows :  Beginning  \here  give  metes  and  hounds], 

(«)  To    this    is   frequently  added  the  (w)  Where  a  street  or  hifrhway  is  given 

boundaries,   as  in   the   preceding   form;  as  a  boundary,  the  centre  line  of  the  way 

but  the  map  will  control  such  bounds  if  is  intended,  unless  the  iide  is  expressly 

there  be   any   discrepancy.      Jackson  v.  fixed   upon.     Jackson   v.    Hathaway,    15 

Diefendorf,  1  Cai.,  493.  Johns.,  447.     Even  bounding  by  a  line 

(t)  This  will  give  to  the  thread  of  the  described  as  "commencing  at  the  side  of 

stream,  if  it  is  not  navigable,  and  the  tide  the  street  and  running  along  *he  street," 

does  not  ebb  and  flow.     If  it  is  intended  or  by  courses  and  distances  which  pro- 

not  to  convey  the  bed  of  the  creek,  the  duce  a  line  along  the  side  of  the  street,  or 

west  bank    should   be    specified   as  the  by  u  map  which  gives  the  side  as  a  boun- 

boundary.     Jackson  v.  Loun,  12  Johns.,  dary,  will  convey  the  land  to  the  centre. 

252;    Luce  v.    Carley,   24    Wend.,  451;  13    Conn.,   23;    Sizer    v.  Devereaux,   16 

Child  ».  Starr,  4  ^j^;,  369.  £arb.,  160;   Hammond  v.  McLachlan,  1 

(m)  This  will  give  only  to  high-water  Sand/.,  328  ;  Bissell  v.  N.  Y.  Central  Eail- 
mark,  if  the  river  is  navigable.     Haisey  road  Co.,  23  N.  Y.,  61. 
V.  McCormick,  13  ^  Z.  (3  Kern.),  296;  These  are  the  established  rules  in  New 
Wiswall  V.  Hall,  3  Paige,  313.     There  are  York.     In  some  other  States,  such  con- 
local  exceptions  to  this  rule,  however,  veyances  do  not  pass  the  fee  of  the  road- 

(v)  As  to  whether  this  will  be  taken  to  way. 

mean  the  apparent  boundary  or  the  true  It  is,    however,  the  general  rule,  that 

line,  in  case  of  a  discrepancy,  compare  bounding  the  land  upon  a  way  amounts 

Jackson  v.  Camp,  1    Cow.,  605 ;    Doe  d.  to  a  covenant  that  such  way  exists. 
Ttompson,  5  lb.,  871  ;  Northrop  v.  Sum- 
ney,  27  £arb.,  196. 


3Y8  ABBOTTS'  FORMS. 

Description  of  Property  in  Deed. 

728.  Description  of  Unpatented  Land. 

All  that  tract  or  parcel  of  land,  situated  [etc.\  containing  acres,  be 

the  same  more  or  less,  surveyed  or  intended  to  be  surveyed,  by  virtue  of  a 
warrant  for  the  same,  bearing  date  the         day  of  ,  one  thousand 

eight  hundred  and        ,  granted  to  the  said  A.  B.  as  by  the  said  warrant 
remaining  filed  in  the  office  of  ,  will  appear,  subject  to  the  payment 

of  whatever  may  be  due  to  the  commonwealth  for  patenting  the  same. 


729.  Description  of  an  Undivided  Share. 

The  one  undivided  third  part  of  all  [etc.,  describing  the  premises  as  in 
other  forms\. 

730.  Description  of  an  Equity  of  Eedemption.{x) 

All  that  certain  lot,  piece  or  parcel  of  land  \descrihing  it  by  houndi>,  or 
othericise,  as  in  other  forms\  the  premises  above  described  being  subject  to 
a  certain  indenture  of  mortgage  made  by  M.  N".  to  O.  P.  to  secure  payment 
of  the  sum  of  dollars,  bearing  date  on  the        day  of  ,  18    [and 

recorded  in  the  office  of  the  of  the  county  of  ,  in  liber  of 

mortgages,  page         ],  on  which  the  sum  of  dollars,  with  interest, 

from  the         day  of  ,  is  due. 


731.  The  Same  ;   Where  the  Grantee  Covenants  to  Pay  the  Mortgage. 

All  that  certain  lot,  piece  or  parcel  of  land  [describing  it  by  bovnds,  or 
otherwhe,  as  in  other  forms']  the  premises  above  described,  being  subject  to 
a  certain  indenture  of  mortgage  made  by  M.  N".  to  O.  P.,  to  secure  payment 
of  the  sum  of  dollars,  bearing  date  on  the        day  of  ,18    [and 

recorded  in  the  oflBce  of  the  of  the  county  of  ,  in  liber  of 

mortgages,  page        ],  on  which  the  sum  of         dollars,  with  interest,  from 
the        day  of  ,  is  dlie,  wliich  said  mortgage  forms  part  of  the  con- 

sideration above  mentioned,  and  which  the  said  party  of  the  second  part 
hereby  assumes  and  agrees  to  pay.(y) 


{x)  A  conveyance  in  these  terms  does  will  render  the  grantee  liable  to  indemnify 

not   render  the  grantee  personally  liable  his  grantor  against  the  mortgage.  Thomp- 

for  the  mortgage  debt.     To  raise  such  lia-  son  v.  Thompson,  4  Ohio  Stat.,  333 ;  Hart- 

bilily,  there  must  be  an  agreement  to  pay  ley  v.  Harrison,  24  iV.  Y.,  17'2;  and  cases 

the  debt,  made  either  with  the  mortgagee  cited,  TowNsend  v.  Ward,  27  Conn.,  610. 

or  holder  of  the  mortgage,  or  with  some  If  the  grantor  is  personally  liable  on  tho 

person  legally  or  equitably  bound  to  pay  mortgage,  this  covenant  will  render  tho 

it.    Tillotson    v.   Boyd,   4  Sand/.,    516 ;  grantee  liable  directly  thereon  ;  also  for 

Stebbins  v.  Hall,  29  Barb.,  524.  any  deficiency  on  foreclosure.    Trotter  v, 

(y)  The  above  form,  even  without  the  Hughes,  12  N.  Y.,  74. 
express  agreement  to  pay  the  mortgage, 


DEEDS.  3T9 

Land  with  Easement. 


732.  Description  of  a  Lot^  with  a  Right  of  Way,  and  of  Making  a  Drain. 

AW  [etc.,  hounding  the  lot  as  in  other  forms,  and  adding- -^  Together  with 
a  right  of  way  in  and  over  a  certain  strip  of  land  along  the  we>it  side  of  the 
store  on  the  above-granted  premises,  for  the  said  party  of  the  second  part, 
his  heirs  and  assigns,  and  his  and  their  servants,  and  the  tenants  and 
occupants  from  time  to  time  of  the  premises  above  granted,  and  any 
other  person  or  persons  for  his  and  their  beneiit  and  advantage  [in  common 
with  the  said  party  of  the  first  part,  his  servants  and  the  tenants  and  occu- 
pants of  his  premises  adjoining],  at  all  times  freely  to  pass  and  repass,  on 
foot  or  with  animals,  vehicles,  loads  or  otherwise,  to  and  fro,  between  the 
premises  hereby  granted  and  the  highway  or  street,  the  said  strip  of  land 
and  way  being  feet  wide.     And  also  together  with  the  right  to  enter 

a  drain  from  the  above-granted  premises  into  the  drain  now  running  under 
the  said  strip  of  land,  to  be  used  as  a  way  as  aforesaid,  and  the  same  to  use 
as  a  sewer  or  drain  from  the  above-granted  land  to  the  common  sewer  in 
the  street  or  highway  [subject,  nevertheless,  to  the  moiety  or  equal  half  part 
of  all  necessary  charges  and  expenses  which  shall  from  time  to  time  accrue, 
in  paving,  repairing  and  cleansing  the  said  way  and  drain]. 

733.  Description  of  a  Lot  Abutting  on  An  Alley  With  Right  of  Way 

Therein,  Subject  to  Charges  and  Covenants. 

All  that  certain  lot,  piece  or  parcel  of  land,  with  the  buildings  thereon 
erected,  situate  in  the  Fifth  Ward  of  the  city  of  New  York,  on  the  westerly 
side  of  Broadway,  being  part  of  a  tract  of  land  formerly  called  "  The  Pas- 
ture Lots,"  formerly  the  property  of  Augustus  Van  Cortlandt  and  Frederick 
Van  Cortlandt,  and  distinguished  in  maps  and  conveyances  relating  thereto 
as  lot  Xo.  16  (sixteen)  and  the  letters  F.  V.  C,  being  bounded  as  follows — 
to  wit:  Beginning  at  a  point  on  the  westerly  side  of  Broadway,  distant 
southwardly  fifty  feet  from  the  southwesterly  corner  of  Broadway  and 
White-street ;  thence  running  westerly  along  the  lot  distinguished  on  said 
maps  and  conveyances  by  the  Number  17  and  the  letters  A.  V.  C,  to  a  cer- 
tain alley  in  the  rear  thereof  that  extends  from  White-street  to  the  street 
now  called  Franklin-street,  lately  Sugar-Loaf-street ;  thence  southerly  along 
said  alley  to  the  lot  distinguished  on  the  said  maps  and  conveyances  by  the 
Number  15  and  the  letters  A.  V.  C. ;  then  easterly  along  the  said  last- 
mentioned  lot  to  Broadway ;  and  thence  northerly  along  the  said  Broad- 
way to  the  jjlace  of  beginning;  containing  in  front  and  rear  each  twenty- 
five  feet,  and  in  length  on  each  side  one  hundred  and  fifty  feet,  be  the  same 
more  or  le^s.  And  also  the  right  and  privilege  to  use  the  said  alley  as  a 
way  or  passage  from  the  said  lots  to  the  aforesaid  streets  in  common  with 
all  the  proprietors  of  the  other  lots  of  ground  adjoining  upon  that  alley; 
which  said  alley  is  twenty -five  feet  in  width,  and  was  made  by  land  taken 
off  the  i-ear  of  tiie  said  lot  and  the  other  lots  fronting  upon  Broadway  in 
the  same  range  and  block  with  it ;  whereby  those  lots  have  become  re- 
duced in  length  from  cue  hundred  and  seventy-five  feet  (their  original 
length)  to  one  hundred  and  fifty  feet  or  thereabouts,  be  the  same  more  or 


380  ABBOTTS'  FORMS. 


Conveynnce  of  Land  Subject  to  Easement. 


less.  And  it  is  uuderstood  that  all  charges  and  expenses  of  sustaining  the 
said  alley,  or  relating  thereto,  are  charged  and  chargeable  upon  all  and 
every  of  the  lots  adjoining  upon  that  alley  in  equal  proportions.  And  it  is 
further  understood  and  agreed,  that  the  lot  of  ground  hereby  intended  to 
be  granted,  bargained  and  sold,  is  hereby  bargained,  granted  and  sold,  sub- 
ject to  that  charge  or  encumbrance,  as  also  to  all  such  covenants,  conditions 
and  restrictions  as  may  be  contained  in  any  existing  deed  or  writing  what- 
soever establishing  the  said  alley,  and  for  restraining  the  owners  of  the 
said  lot  of  ground  hereby  granted  from  erecting  any  buildings  other  than  a 
coach-house  or  stable  fronting  on  the  said  alley. 

734.  Grant  of  Easement  Appurtenant  to  Lot  Bounding  on  a  Court  or 

Alley. 

[Add:]  Together  with  one-half  of  the  part  of  said  court  or  alley  which 
lies  in  front  of  the  premises  hereby  conveyed,  subject  to  a  perpetual  right 
of  way  over  the  same  to  aU  and  every  the  owners  and  occupants  of  the 
premises  lying  adjacent  to  and  abutting  on  said  court  or  alley  ;  and  the  par- 
ties of  the  first  part  hereby  convey  to  the  said  party  of  the  second  part,  his 
heirs  and  assigns,  a  perpetual  right  of  way  from  street  through  the 

said  alley  or  court  to  and  from  the  premises  hereby  conveyed,  in  common 
with  said  owners  and  occupants,  and  also  a  perpetual  right  and  privilege  to 
use  in  common  with  them  the  drain  or  sewer  running  through  the  centre 
of  said  court  or  alley. 

735.  Premises  Subject  to  Easement  for  Party-walls. 

{Add ;]  Subject,  nevertheless,  to  the  use  of  the  walls  on  the  easterly  and 
westerly  sides  respectively  of  the  said  lot,  by  M.  K  and  O.  P.,  their  heirs 
and  assigns,  the  grantees  of  the  said  party  hereto  of  the  first  part  of  the  lots 
next  adjoining  the  lot  hereby  conveyed  on  said  sides  respectively,  as  party- 
walls,  (z) 

736.  Premises  Subject  to  Easement  for  Brain. 

[Add:]  Subject,  nevertheless,  to  a  sewer  or  drain  passing  through  the 
premises  hereby  conveyed  for  the  use  and  benefit  of  other  premises  of  the 
said  party  of  the  first  part,  adjoining  the  same  upon  the  south,  said  sewer 
and  drain  to  remain  as  at  present  used  for  the  benefit  of  the  adjoining 
premises,  (a) 

737.  Description  of  Water  Power.{b) 
All  [etc.,  describing  the  lanH,  as  in  other  cases],  together  with  the  priv- 
ilege of  bringing  water  from  the  dam  to  the  mill  thereon  [or,  a  mill  to  be 


(z)  If  the  easement  is  created  by  a  deed        (i)  For  another  form,    measuring    bj 
on  record,  it  is  advisable  to  refer  to  it.  capacity  of  flume,  see  Form  755. 

(o)  See  preceding  note. 


DEEDS.  381 

Exceptions  and  Reservation. 

erected  thereon],  sufficient  to  keep  a  saw-mill(c)  in  operation,  at  all  times 
when  there  is  so  much  more  than  is  wanted,  by  the  party  of  the  first  part, 
his  heirs  or  assigns,  to  drive  a  grist-mill  with  three  run  of  stones,  (c) 

738.  Reservation  of  Ground  for  Streets,  etc. 

[^Insert  immediately  after  the  boundaries  .•]  saving  and  reserving  from  and 
out  of  the  hereby  granted  premises  such  streets  as  are  now  or  hereafter 
may  be  laid  out  through  the  premises  hereby  granted;  and  whenever  any 
such  streets  may  be  laid  out,  over  and  across  the  said  premises,  that  the 
same  shall  be  made  at  the  expense  of  the  said  party  of  the  second  part,  his 
heirs  or  assigns,  and  be  and  forever  remain  public  streets,  in  like  manner 
as  other  public  streets  are  or  ought  to  be. 

739.  Exception  and  Reservation  of  Mines,  With  Covenant  for  Payment  of 
Rent  and  Damages. 

Excepting  and  reserving  unto  the  said  A.  B.,  his  heirs  and  assigns,  all 
mines,  veins,  seams  and  beds  of  coal,  ironstone  and  other  minerals  whatso- 
ever already  found,  or  which  may  hereafter  be  found,  upon  or  under  tlie 
lands  hereby  assured,  or  expressed  so  to  be,  with  full  liberty  of  ingress, 
egress  and  regress  at  all  times  for  him,  the  said  A.  B.,  his  heirs  and  as- 
signs, and  his  and  their  servants,  ageilts  and  workmen  in  and  upon  the 
said  lands,  and  either  witli  or  without  horses  and  other  cattle,  carts  and 
wagons,  and  other  carriages,  for  the  purpose  of  searching  for,  working,  get- 
ting and  carrying  away  the  said  mines  and  minerals,  and  with  full  liberty 
also  for  him,  the  said  A.  B.,  his  heirs  and  assigns,  to  sink,  drive,  make  and 
use  pits,  shafts,  drifts,  adits,  air-courses  and  water-courses,  and  to  erect 
and  set  up  fire  and  other  engines,  machinery  and  works,  and  to  lay  down 
railroads  and  other  roads  in,  upon,  under  and  over  the  said  lands,  or  any 
of  them,  for  the  purpose  of  more  conveniently  working  and  carrying  away 
the  said  mines  and  minerals,  and  also  to  appropriate  and  use  any  part  of 
the  surface  of  the  said  lands  for  depositing,  placing  and  heaping  thereon 
the  minerals,  waste,  rubbish  and  other  substances  which  may  be  gotten 
from  the  said  mines,  and  generally  to  do  all  other  acts  and  things  necessary 
or  proper  for  working  and  getting  tlie  said  mines  and  minerals  according  to 
the  most  approved  practice  of  mining  in  the  district :  Peovided  always, 
that  the  said  A.  B.,  his  heirs  or  assigns,  do  and  shall  pay  to  the  said  Y.  Z., 
his  heirs  or  assigns,  the  annual  sum  of  dollars  for  every  acre,  and  so 

in  proportion  for  any  less  quantity  than  an  acre  of  land,  the  surface  whereof 
shall  be  ai)propriated  or  used  for  any  of  the  purposes  aforesaid,  so  long  as 
such  appropriation  or  use  shall  continue,  and  until  the  surfiice  shall  be  re- 
stored, as  nearly  as  may  be  practicable,  to  its  original  state  and  condition 
before  such  appropriation  or  use  commenced ;  and  provided,  also,  that  the 

(c)  Designating  thus  a  particular  use  than  an  equivalent  power.  Cromwell  v. 
will  not  be  construed  to  exclude  by  ina-  Selden,  Z  K  Y.  (3  Comst.),ibZ\  Wakely 
plication  other  uses  calling  for  no  more    v.  Davidson,  2fi  N.  Y.,  387. 


383  ABBOTTS'  FORMS. 


Deed  of  Various  Estates  less  than  Fee. 


working  of  the  said  mines  shall  be  conducted  in  such  a  manner  as  not  to 
endanger  any  buildings  now  being  on  the  said  lands,  or  which  may  here- 
after be  erected  on  the  site  of,  or  within  yards  of  the  site  of  any  pres- 
ent buildings,  and  generally  to  do  as  little  damage  or  injury  to  the  surface 
of  the  said  lands  as  shall  be  consistent  with  the  proper  working  of  the  said 
mines ;  and  provided,  also,  that  the  said  A.  B.,  his  heirs  or  assigns,  shall 
pay  to  the  said  Y.  Z.,  his  heirs  or  assigns,  adequate  corapensati(jn  for  all 
damage  or  injury  which  he  or  they,  or  his  or  their  tenants  may  sustain  by 
reason  of  the  working  of  the  said  mines,  or  the  exercise  of  any  of  the  liber- 
ties and  privileges  hereby  excepted  and  reserved,  the  amount  of  such  com- 
pensation, and  all  other  matters  in  difference  which  may  arise  between  the 
parties  in  connection  with  the  said  excepted  mines,  minerals,  liberties  and 
privileges  to  be  ascertained  by  arbitration  [may  state  mode  of  appointing 
arbitrators,  as  in  a  Lease]. 

Deeds  Creating  or  Conveying  Particular  Estates  Other  Than  An  Absolute 

Fee. 

740.  Deed  Conveying  a  Life  Estate,  With  Remainder  Over. 

This  intjentttrb,  made  this        day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  merchant  [and  0.  B.  his  wife],  of  the  first  part,  and 

W.  X.  and  Y.  Z.,  of  ,  in  the  said  county,  gentlemen,  of  the  second 

part,  WITNESSETH:  That  the  said  party  of  the  first  part,  in  consideration  of 
dollars  to  him  [or,  them]  paid  by  the  said  parties  of  the  second  part, 
the  receipt  whereof  is  hereby  acknowledged,  has  [or,  have]  granted,  bar- 
gained, sold,  aliened,  remised,  released,  conveyed  and  confirmed,  and  by 
these  presents  does  [or,  do]  grant,  bargain,  sell,  alien,  remise,  release,  con- 
vey and  confirm  unto  the  said  parties  of  the  second  part,  all  [here  insert 
description  of  the  premises'].  To  have  and  to  hold  all  and  singular  the 
above-granted  premises,  together  with  the  appurtenances  and  every  part 
thereof,  unto  the  said  W.  X.  and  his  assigns,  for  and  during  the  natural  life 
of  said  W.  X.,  and  upon  his  death  then  unto  the  said  Y.  Z.,  his  heirs  and 
assigns,  forever. 

Togetheb  with  [etc.,  as  in  other  forms']. 

741.  Deed  By  a  Tenant  for  Life. 

This  indentueb,  made  this  day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  merchant,  of  the  first  part,  and  Y.  Z.,  of  ,  in  the 

said  county,  farmer,  of  the  second  part,  Witsiesseth  :  That  the  said  party 
of  the  first  part,  in  consideration  of  dollars  to  him  paid  by  the  said 

party  of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged,  has 
granted,  bargained,  sold,  aliened,  remised,  released,  conveyed  and  confirmed, 
and  by  these  presents  does  grant,  bargain,  sell,  alien,  remise,  release,  con- 
vey and  confirm,  unto  the  said  party  of  the  second  part,  and  to  his  executors, 
administrators  [or,  his  heirs]  and  assigns,  forever,  all  the  estate,  right,  title 


DEEDS.  383 

Estate  for  Life  ;  Assigfnment  of  Dower. 

and  interest  of  the  party  of  the  first  part — to  wit,  an  estate  for  and  during 
his  natural  life  in  all  [here  insert  description  of  the  premises] :  Together 
with  the  appurtenances  thereunto  belonging  or  in  any  wise  appertaining, 
and  the  rents,  issues  and  profits  thereof:  To  have  and  to  hold  all  and 
singular,  the  above-granted  premises,  together  with  the  appurtenances  and 
every  part  thereof,  unto  the  said  party  of  the  second  part,  his  executors, 
administrators  [or,  his  heirs]  and  assigns,  to  his  and  their  use  for  and  during 
the  natural  life  of  the  said  party  of  the  first  part  [if  there  is  any  encum- 
brance, add,  subject  to,  etc.,  specifying  if].  And  the  said  party  of  the  first 
part,  for  himself  and  his  heirs,  executors  and  administrators,  does  covenant, 
promise  and  agree,  to  and  with  the  said  party  of  the  second  part,  his 
executors,  administrators  [or,  his  heirs]  and  assigns,  that  the  said  party  of 
the  first  part,  at  the  time  of  the  sealing  and  delivery  of  these  presents,  is 
lawfully  seized  in  his  own  right  [or  otherioise,  as  the  case  may  ie],  of  a  good, 
absolute  and  indefeasible  estate  of  freehold,  for  and  during  the  natural  life 
of  the  said  ,  of  and  in  all  and  singular  the  above-granted  premises, 

with  the  appurtenances  [if  conveyed  subject  to  an  encumbrance,  say,  subject 
as  aforesaid] :  And  the  said  party  of  the  second  part,  his  executors,  ad- 
ministrators [or,  his  heirs]  and  assigns,  shall  and  may,  at  all  times  hereafter 
during  said  life,  peaceably  and  quietly  have,  hold,  use,  occupy,  possess  and 
enjoy  the  above-granted  premises,  and  every  part  and  parcel  thereof,  with 
the  appurtenances,  without  any  let,  suit,  trouble,  molestation,  eviction  or 
disturbance  of  the  said  party  of  the  first  part  or  his  assigns,  or  of  any  other 
person  or  persons  lawfully  claiming  or  to  claim  the  same :  And  that  the 
said  party  of  the  first  part,  at  the  time  of  the  sealing  and  delivery  of  these 
presents,  has  good  right,  full  power  and  lawful  authority  to  grant,  bargain, 
sell  and  convey  the  same  in  manner  and  form  aforesaid. 

In  witness  whereof,  the  said  party  of  the  first  part  has  hereunto  set  his 
hand  and  seal,  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered  )  A.  B.  [Seal.] 

in  presence  of  i 

[Signature  of  witness.] 

742.  Assignment  of  Bower. 

This  indenture,  mace  this  day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  merchant,  and  0.  D.,  of  said  place,  physician,  of  the 

first  part,  and  Y.  Z.,  of  ,  in  the  said  county,  widow  of  \V.  Z.,  late  of 

said  place,  deceased,  of  the  second  part :  Whereas  the  said  "W.  Z.  was  in 
his  lifetime  and  at  the  time  of  his  death  seized  in  fee  of  certain  lands  and 
tenements  in  ,  which  upon  the  decease  of  the  said  W.  Z.  descended 

to  the  said  parties  of  the  first  part,  subject  to  the  dower-right  of  the  said 
party  of  the  second  part :  Now  this  indenture  witnesseth,  that  the  said 
parties  of  the  first  part  have  endowed  and  assigned,  and  by  these  presents 
do  endow  and  assign  unto  the  said  party  of  the  second  part,  the  one-third 
part  of  the  said  lands  and  tenements — to  wit  [here  insert  description  of  the 
part  allotted  to  her] :    To  have  and  to  hold  the  said  premiaes  unto  the 


3S4  ABBOTTh   FORMS. 


Decd.s  of  Dower  Kigrhts. 


said  party  of  the  second  part,  widow  as  aforesaid,  for  and  during  her  natural 
life,  in  the  name  of  dower,  and  in  recompen^  and  satisfaction  of  all  the 
dower  which  she  ought  to  have,  of  or  in  the  said  lands  and  tenements 
in  ,  which  belonged  to  and  were  of  the  said  W.  Z. 

In  wrnvEss  whereof,  the  said  parties  have  hereunto  interchangeably  set 
their  hands  and  seals,  the  day  and  year  first  above  written. 
Signed,  sealed  and  delivered )  [Signatures  and  seals 

in  presence  of  )  of  loth  parties.] 

[Signature  of  witness.] 


743.  Release  of  Dower. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  city 

of  ,  in  the  county  of  ,  and  State  of  ,  wife  of  C.  B.,  of 

said  city  [or,  widow  of  C.  B.,  late  of  said  city,  deceased],  in  consideration 
of  dollars,  to  me  paid  by  Y.  Z.,  of  ,  in  said  county,  farmer 

[sole  heir  of  said  C.  B.,  deceased],  the  receipt  whereof  is  hereby  ac- 
knowledged, have  granted,  remised,  released,  conveyed  and  forever  quit- 
claimed, and  by  these  presents  do  grant,  remise,  release  and  forever  quit^ 
claim  unto  the  said  Y.  Z.,  and  to  his  heirs  and  assigns,  forever,*  all  the 
dower  and  thirds,  right  and  title  of  dower  and  thirds,  and  all  other  right, 
title,  interest,  property,  claim  and  demand  whatsoever,  in  law  and  in  equity, 
of  me,  the  said  A.  B.,  of,  in  and  to  all  [here  insert  description  of  premises  ; 
or,  if  the  release  is  intended  to  le  a  general  one,  say,  all  and  every  tlie 
lands,  tenements  and  real  estate,  whereof  the  said  C.  B.  died  seized  or  pos- 
sessed, or  whereof  he  was  seized  or  possessed,  at  the  time  of  his  intermar- 
riage with  the  said  A.  B.,  or  at  any  time  since,  wheresoever  the  same  may 
lie  and  be  situate],  so  that  neither  I,  the  said  A.  B.,  my  heirs,  executors, 
administrators  or  assigns,  nor  any  other  person  or  persons,  for  me,  them  or 
any  of  them,  shall  have,  claim  or  demand  any  dower  or  thirds,  or  any  other 
right,  title,  claim  or  demand,  of,  in  or  to  the  same,  or  any  part  thereof, 
but  thereof  and  therefrom  shall  be  utterly  barred  and  excluded  forever. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
day  of  ,  in  the  year  one  thousand  eight  hundred  and 

Signed,  sealed  and  delivered)  A.  B.  [Seal.] 

in  presence  of  J 

[Signature  of  witness.] 


744.  General  Release  of  Dower  in  Consideration  of  Beneficial  Provisions 

of  Will. 

Know  all  aien  by  these  presents,  that  whereas  C.  B.,  late  of  , 

deceased,  by  his  will,  bearing  date  the  day  of  ,  18    ,  and 

which  has  been  duly  proved  in  the  court  of  the  surrogate  of  the  county  of 
,  bequeatlied  to  me,  A.  B.,  his  wife,  dollars  in  lieu  of  all 

dower  and  claim  of  dower  in  his  estate.     Now,  therefore,  I,  the  said  A. 
B.,  for  and  in  consideration  of  the  said  bequest  [to  me  now  paid],  and  in 


DEEDS.  386 

Eelease  of  Dower ;  Grant  of  Reversion. 

pursuance  and  part  performance  of  the  said  last  will  and  testament  of  my 
said  late  husband^  do  hereby  declare  myself  fully  satisfied  and  contented 
therewith,  and  do  hereby  grant,  remise,  release  and  forever  quit-claim 
unto  W.  X.,  of  ,  and  Y.  Z.,  of  ,  trustees,  appointed  in  and 

by  the  said  last  will  and  testament  of  my  said  late  husband,  their  succes- 
sors and  assigns,  forever  [continue  as  in  Form  743  /rom  the  *  to  the  end], 

745.  Short  Form  of  Release  of  Dower  hy  Indorsement  on  Deed. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  wife  [or,  widow]  of  the 
within-named  0.  B.  [deceased],  in  consideration  of  doJars,  to  me  paid 

by  the  within-named  Y.  Z.,  do  grant,  remise,  release  and  quit-claim  unto 
the  said  Y.  Z.,  all  my  right,  title,  interest  and  dower  in  and  to  the  within- 
described  premises. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
day  of  ,  in  the  year  one  thousand  eight  hundred  and 

Signed,  sealed  and  delivered)  A.  B.  [Seal.} 

in  the  presence  of  ) 

[Signature  of  witness.^ 


746.  Deed  Conveying  the  Reversion  in  Fee,  Subject  to  An  Outstanding  Life 

Estate. 

This  indentxiee,  m^de  this        day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county  of 

.  ,  and  State  of  ,  merchant,  of  the  first  part,  and  Y.  Z.,  of 

,  in  the  said  county,  farmer,  of  the  second  part :  Whereas,  C.  B. 
[the  mother  of  the  said  party  of  the  first  part],  holds  for  the  term  of  her 
natural  life  the  premises  hereinafter  described,  the  reversion  and  remainder 
whereof  belongs  to  the  party  of  the  first  part  and  his  heirs.  Now  this  in- 
denture WITNESSETH,  that  the  said  party  of  the  first  part,  in  consideration 
of  dollars,  to  him  paid  by  the  said  party  of  the  second  part,  the  re- 

ceipt whereof  is  hereby  acknowledged,  has  granted,  bargained,  sold,  aliened, 
remised,  released,  conveyed  and  confirmed,  and  by  these  presents  does 
grant,  bargain,  sell,  alien,  remise,  release,  convey  and  confirm  unto  the  said 
party  of  the  second  part,  his  heirs  and  assigns,  forever,  the  reversion  and 
remainder  of  all  [here  insert  description  of  the  premises']. 

To  HAVE  AND  TO  HOLD  the  Said  reversion  and  remainder,  and  the  rents, 
issues  and  profits  thereof,  when  it  shall  happen,  upon  the  death  of  said  C. 
B.,  in  and  of  all  and  singular  the  above-granted  premises,  together  with  the 
appurtenances,  unto  the  said  party  of  the  second  part,  his  heirs  and' assigns, 
forever.     [If  there  is  any  encumbrance,  add,  subject  to,  etc.,  specifying  it.] 

And  the  said  party  of  the  first  part,  for  himself,  his  heirs,  executors  and 
administrators,  does  covenant,  promise  and  agree  to  and  with  the  said 
party  of  the  second  part,  his  heirs  and  assigns,  that  the  said  party  of  the 
first  part  is  lawfully  seized  in  his  own  right  of  a  good,  absolute  and  inde- 
feasible e:?tate  in  remainder  in  the  fee  of  said  premises,  with  the  appurte- 
nances, immediately  from  and  after  the  decease  of  the  said  C.  B.  [if  conveyed 
25 


386  ABBOTTS'  FORMS. 


Deed  Releasing  Rents. 


tuhject  to  an  encumbrance^  say,  subject  as  aforesaid].  That  the  said  rever- 
sion and  remainder  now  is,  and  the  said  premises  and  appurtenances  im- 
mediately from  and  after  the  death  of  the  said  0.  B.,  shall  be  free  from  all 
encumbrances  [except  as  aforesaid] ;  that  the  said  party  of  the  first  part 
has  good  right,  fall  power  and  lawfal  authority  to  convey  the  same  as  afore- 
said, and  that  after  the  decease  of  the  said  C.  B.,  he,  and  his  heirs,  executors 
and  administrators  will  warrant  and  defend  the  above-granted  premises 
and  appurtenances  to  the  said  Y.  Z.,  his  heirs  and  assigns,  forever,  against 
the  lawful  demands  of  all  persons. 

In  witness  whereof,  the  said  party  of  the  first  part  has  hereunto  set  his 
hand  and  seal,  the  day  and  year  first  above  written.  A.  B.  [Seal.'\ 

Signed,  sealed  and  delivered ) 
in  presence  of  J 

{Signature  of  witness.} 


14:'T.  Release  of  Rents. 

This  indentiibe,  made  this        day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  the  Mayor,  Aldermen  and  Commonalty  of 
the  city  of  New  York,  of  the  first  part,  and  Y.  Z.,  of  ,  of  the  second 

part. 

Whereas  the  said  parties  of  the  first  part  did,  by  a  grant  under  their 
common  seal,  bearing  date  the        day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  grant,  bargain  and  sell  unto  M.  N.,  and  to  his  heirs 
and  assigns  forever,  certain  lands  and  premises,  of  which  the  lands  herein- 
after described  are  part  and  parcel,  subject,  however,  to  certain  yearly  rents 
or  sums  of  money  to  be  paid  to  the  said  parties  of  the  first  part  and  their 
successors,  by  the  said  grantees,  their  heirs  and  assigns,  forever,  thereafter, 
as  by  reference  to  the  said  indenture,  or  to  the  counterpart  thereof,  sealed 
and  dehvered  by  the  said  grantee,  and  now  in  possession  of  the  said  parties 
of  the  first  part,  will  more  fully  appear. 

And  whereas  the  said  party  to  these  presents  of  the  second  part  hath 
represented  to  the  said  parties  of  the  first  part  that  he,  the  said  party  of  the 
second  part,  hath  become,  and  is  now  by  diverse  mesne  conveyances,  law- 
fully seized  of  the  said  premises  hereinafter  described,  being  a  portion  of 
the  premises  granted  and  conveyed  by  the  above-mentioned  indenture  of 
grant ;  and,  also,  that  said  portion  of  said  premises  is  chargeable  with  the 
sum  of  dollars  of  the  yearly  rent  aforesaid,  and  no  more : 

And  whereas  the  said  party  of  the  second  part  has  paid  to  the  said  par- 
ties of  the  first  part  all  the  arrears  of  rent  now  due  upon  the  said  herein- 
after described  premises,  and  has  also  paid  to  them  the  further  sum  of 
dollars,  in  lieu  and  discharge  of  all  and  every  the  rent  and  rents, 
which  would  hereafter  become  due  and  payable  pursuant  to  said  alleged 
agreement  upon  the  said  premises  hereinafter  described,  under  and  by  vir- 
tue of  the  said  grant,  less  the  annual  sum  of  dollars,  part  and  parcel 
thereof: 

And  whereas  the  said  parties  of  the  first  part,  in  consideration  thereof 


DEEDS.  387 

Release  of  Rents. 


and  at  the  request  of  the  said  party  of  the  second  part,  have  agreed  to  re- 
lease the  land  hereinafter  described  unto  the  said  party  hereto  of  the  second 
part,  freed  and  discharged  of  and  from  the  payment  of  the  yearly  rent 
aforesaid,  and  to  hold  and  retain  the  residue  of  the  lands  as  security  for  the 
arrears  of  rent  now  due,  and  of  all  and  every  the  rent  and  rents  which 
would  hereafter  become  due  and  payable  to  the  said  parties  of  the  first  part 
upon  the  said  premises,  under  and  by  virtue  of  the  said  grant,  less  the  said 
annual  sum  of  dollars,  part  and  parcel  thereof: 

Now,  THEREFORE,  this  indenture  witnesseth  that  the  said  parties  of  the 
first  part,  for,  and  in  consideration  of  the  said  agreement,  and  of  the  said 
sum  of  dollarg,  to  them  paid  by  the  said  party  of  the  second  part,  the 

receipt  whereof  is  hereby  acknowledged,  do  hereby  for  themselves  and  their 
successors  remise,  release  and  quit-claim  unto  the  said  party  of  the  second 
part,  all  that  part  of  the  said  granted  lands  described  as  follows — to  wit 
[here  insert  description],  together  with  the  hereditaments  and  appurtenances 
thereunto  belonging,  to  the  intent  that  the  lands  hereby  released  may  be 
discharged  from  the  payment  of  the  said  yearly  rent  as  aforesaid,  and 
that  the  residue  of  the  lands  in  the  said  grant  specified  may  remain  to  the 
said  parties  of  first  part,  as  heretofore,  to  have  and  to  hold  the  lands  and 
premises  to  the  said  party  of  the  second  part,  his  heirs  and  assigns,  to  his 
and  their  only  proper  use,  benefit  and  behoof  forever,  free,  clear  and  dis- 
charged of  and  from  all  lien  and  claim  under  and  by  virtue  of  the  said  in- 
denture of  grant  or  counterpart  aforesaid,  and  of  and  from  all  and  every 
covenant,  matter,  clause  or  thing  in  the  said  indenture  or  counterpart  con- 
tained, relating  to  the  payment  of  rent  for  the  said  premises  hereby  re- 
leased, and  of  and  from  all  actions,  suits,  costs,  charges,  payments,  damages, 
claims  and  demands  whatsoever,  in  law  or  equity,  for  or  concerning  the 
said  rent;  provided,  however,  that  these  presents  are  upon  the  express  con- 
dition and  agreement — that  is  to  say :  First,  that  nothing  herein  contained 
shall  in  any  manner  or  wise  be  construed,  deemed  or  taken  to  be  a  release 
or  discharge  of  any  covenant,  condition,  proviso  or  agreement  in  the  said 
in  part  recited  indenture,  of  grant  contained,  to  be  observed,  performed, 
fulfilled  or  kept  by  or  on  the  part  and  behalf  of  the  said  grantees  named  in 
said  indenture  or  counterpart,  their  heirs,  executors,  administrators  or  as- 
signs, excepting  only  the  covenant  for  the  payment  of  rent,  and  the  claim 
of  distress  and  agreement  for  re-entry,  in  consequence  of  the  non-payment 
thereof,  but  all  and  every  other  covenant,  addition,  proviso  and  agreement 
therein  contained  on  the  part  of  the  said  grantees  therein  mentioned,  sball 
be  and  continue  in  full  force  and  effect  as  fully  and  amply  as  though  this 
present  indenture  had  never  been  made. 

Secondly,  that  this  indenture  shall  be  null  and  void,  if  the  representations 
hereinbefore  recited,  or  any  of  them,  be  false,  fraudulent  or  untrue. 

Thirdly,  that  nothing  herein  contained  shall  be  construed,  deemed  or 
taken  to  release  or  discharge  the  residue  of  the  land  described  in  the  said 
grant  from  the  payment  of  the  rent  due,  and  to  grow  due  thereon,  pursuant 
to  said  grant,  less  the  part  thereof  apportioned  upon  the  premises  hereby 
released  as  hereinbefore  mentioned. 

In  witness  [etc.,  as  in  Form  686]. 


388  ABBOTTS'  FORMS. 


Deed  of  Surrender. 


748.  Deed  of  Surrender  of  a  Term  for  Life  or  Years  to  the  Reversioner. 

Thi3  htdentuee,  made  this        day  of  ,  in  the  year  one  thousand 

eight  hundred  and        ,  between  A.  B.,  of        ,  in  the  county  of  ,  and 

State  of  ,  merchant,  of  the  first  part,  and  Y.  Z.,  of  ,  in  the  said 

county,  farmer,  of  the  second  part : 

Wheeeas,  by  his  will,  bearing  date  the        day  of  ,  18    ,  M.  N. 

devised  a  life-estate  in  the  premises  hereinafter  described  to  the  party  of 
the  first  part,  with  a  remainder  over  in  fee  to  the  party  of  the  second  part 
[or,  by  a  lease  bearing  date,  etc.,  the  said  M.  N.  leased  to  0.  P.  the  premises 
hereinafter  described,  of  which  lease  the  party  of  the  first  part  has  become 
the  assignee,  and  the  reversion  of  said  premises  has  become  vested  in  the 
party  of  the  second  part]. 

Now  THIS  iNDENTUKE  WITNESSETH,  that,  in  Consideration  of  dollars, 

to  him  paid  by  the  said  party  of  the  second  part,  the  receipt  whereof  is 
hereby  acknowledged,  the  said  party  of  the  first  part  has  granted,  bargained, 
«  sold,  surrendered  and  yielded  up,  and  by  these  presents  does  grant,  bargain, 
sell,  surrender  and  yield  up  unto  the  said  party  of  the  second  part,  his  heirs 
and  assigns,  forever,  all  \Tiere  insert  description  of  the  premises,  or  refer  to 
lease.,  etc.,  therefor].,  and  all  the  estate,  right,  title,  interest,  term,  property, 
claim  and  demand  whatsoever,  of  the  party  of  the  first  part,  of,  in,  to  or 
out  of  the  same  or  any  part  thereof:  To  have  and  to  hold  the  said  lands 
and  premises  to  the  said  party  of  the  second  part,  Ms  heirs  and  assigns,  to 
his  and  their  only  proper  use  and  behoof  forever. 

{Covenant  against  grantor''8  acts  may  be  inserted."] 

In  witness  {etc.,  as  in  Form  746]. 

749.  Short  Form  of  Surrender  of  Lease  to  he  Indorsed  Thereon.(d) 

Know  all  men  by  these  presents,  that  I,  A.  B.,  the  lessee  in  [or,  assignee 
of]  the  within  lease,  hereby,  in  consideration  of  one  doUar,  surrender  and 
yield  up  the  term  thereby  created  to  Y.  Z.  the  lessor  [or,  the  owner  of  the 
reversion]. 

In  witness  whebbof,  I  have  hereunto  set  my  hand  and  seal,  this 
day  of  ,  in  the  year  one  thousand  eight  hundred  and 

Signed,  sealed  and  delivered )  A.  B.  [Seal] 

in  the  presence  of         ) 
[Signature  of  witness,] 

750.  Deed  Creating  a  Joint  Tenancy. 

This  indentttee,  made  the         day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  merchant  [and  C.  B.  his  wife],  of  the  first  part,  and 

W.  X.  and  Y.  Z.,  of  ,  in  the  said  county,  merchants,  of  the  second  part  :* 

WITNESSETH,  that  the  said  party  [or,  parties]  of  the  first  part,  in  considera- 

{d)  Merely  cancelling  a  lease  ia  not  effectual. 


DEEDS.  389 

Tenancy  in  Common. 


tion  of  the  snm  of  dollars  to  him  [or,  them]  paid  by  the  said  parties 

of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged,  has  [or, 
have]  granted,  bargained,  sold,  aliened,  remised,  released,  conveyed  and 
confirmed,  and  by  these  presents  does  [or,  do]  grant,  bargain,  sell,  alien, 
remise,  release,  convey  and  confirm  unto  the  said  parties  of  the  second 
part  and  to  their  heirs  and  assigns,  and  the  survivor  of  them,  and  the 
heirs  and  assigns  of  the  survivor  of  them  forever,  all  [here  insert  dencription] : 
Together  with  all  and  singular  the  tenements,  hereditaments  and  appur- 
tenances thereunto  belonging,  or  in  anywise  appertaining,  and  the  reversion 
and  reversions,  remainder  and  remainders,  rents,  issues  and  profits  thereof; 
and  also  all  the  estate,  right,  title,  interest  [dower  or  right  of  dower(f)], 
property,  possession,  claim  and  demand  whatsoever,  of  the  said  party  [or, 
parties]  of  the  first  part,  both  in  law  and  in  equity,  of,  in  and  to  the  above- 
granted  premises,  with  the  hereditaments  and  appurtenances:  To  have 
AND  TO  HOLD  all  aid  singular  the  above-granted  premises,  together  with  the 
appurtenances  and  every  part  thereof,  unto  the  said  parties  of  the  second 
part,  their  heirs  and  assigns,  forever,  as  joint  tenants,  and  not  as  tenants  in 
common.  And  the  said  A.  B.  does  hereby  covenant,  promise  and  agree, 
to  and  with  the  said  parties  of  the  second  part,  their  heirs  and  assigns  in 
manner  aforesaid,  that  [etc.,  as  in  other  cases]. 

751.  Deed  Creating  a  Tenancy  in  Gommon.iJ') 
[As  in  other  common  forms,  except  that  the  habendum  will  le:\  To 
HAVE  AND  TO  HOLD  all  and  singular  the  above-granted  premises,  together 
with  the  appurtenances  and  every  part  thereof  unto  the  said  W.  X.  and 
Y.  Z.,  their  heirs  and  assigns,  forever,  as  tenants  in  common  and  not  as 
joint  tenants. 

752.  Release  of  Part  of  Mortgaged  Premises. 

This  indentdee,  made  this  day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  merchant,  of  the  first  part,  and  Y.  Z.,  of  ,  in  the 

said  county,  farmer,  of  the  second  part:  Whebeas,  Y.  Z.,  by  a  mortgage 
bearing  date  the        day  of  ,  18     ,  for  the  consideration  therein  men- 

tioned, and  to  secure  the  payment  of  the  money  therein  specified,  did 
convey  certain  lands  and  tenements,  of  which  the  premises  hereinafter 
described  are  part,  unto  A.  B.,  aforesaid :  And  whereas  the  said  party  of 
the  first  part,  at  the  request  of  the  said  party  of  the  second  part,  has  agreed 
to  give  up  and  surrender  the  premises  hereinafter  described,  unto  the  said 
party  of  the  second  part,  and  to  hold  and  retain  the  residue  of  the  mortgaged 
premises  as  security  for  the  money  remaining  due  on  the  said  mortgage: 
Now  THIS  indenture  WITNESSETH,  that  the  said  party  of  the  first  part,  in 
pursuance  of  the  said  agreement,  and  in  consideration  of  one  dollar  to  him 

(«)  Omit  these  words,  unless  a  wife  joins,    sons   (except    husband    and    wife)    will 
(/)   This    is  the   usual   form,    but  in    create  a  tenancy  in  common,  without  such 
general  a  conveyance  to  two  or  more  per-    words  es  the  above. 


390  ABBOTTS'  FORMS. 


Release  of  Morto^agcd  Premises.  Deed  of  Right  of  Way. 

paid,  the  receipt  whereof  is  hereby  acknowledged,  has  granted,  remised, 
released,  quit-claimed  and  set  over,  and  by  these  presents  does  grant,  release, 
quit-claim  and  set  over,  unto  the  said  party  of  the  second  part,  all  that  part  of 
the  said  mortgaged  premises  [here  insert  the  description  of  the  part  released] : 
Together  with  the  hereditaments  and  appurtenances  tliereto  belonging; 
and  all  the  right,  title  and  interest  of  the  said  party  of  the  first  part,  of,  in 
and  to  the  same,  to  the  intent  that  the  lands  hereby  conveyed  may  be  dis- 
charged from  the  said  mortgage,  and  that  the  rest  of  the  lands  in  tlie  said 
mortgage  specified  may  remain  to  the  said  party  of  the  first  part,  as  hereto- 
fore: To  HATE  AND  TO  HOLD  the  lands  and  premises  hereby  released  and 
conveyed,  to  the  said  party  of  the  second  part,  his  heirs  and  assigns,  forever, 
free,  clear  and  discharged  of  and  from  all  lien  and  claim,  under  and  by 
virtue  of  the  mortgage  aforesaid. 

In  witness  whereof,  the  said  party  of  the  first  part  has  hereunto  set  his 
hand  and  seal,  the  day  and  year  first  above  written.        • 

Signed,  sealed  and  delivered )  A.  B.  [Seal.] 

in  presence  of  i 

[Signature  of  witness.] 


.    753.  Deed  of  Right  of  Way,  With  Covenant  dy  Grantee  to  Repair. 

This  i.n'dentube,  made  the  day  of  ,  in  the  year  one  thou- 

sand eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county 

of  ,  and  State  of  ,  merchant,  of  the  "first  part,  and  Y.  Z.,  of 

,  in  the  said  county,  farmer,  of  the  second  part,  witnesseth,  that 
in  consideration  of  dollars,  to  him  paid  by  the  said  party  of  the 

second  part,  the  receipt  whereof  is  hereby  acknowledged,  the  said  party  of 
the  first  part,  for  himself,  his  heirs  and  assigns,  covenants  and  grants  with 
and  to  the  said  party  of  the  second  part,  his  heirs  and  assigns,  that  it  shall 
be  lawful  for  him,  his  heirs  and  assigns,  and  their  agents  and  servants,  and 
the  tenants  and  occupants  from  time  to  time  of  the  premises  now  held  by 
the  said  Y.  Z.,  in  ,  and  known  as  the  Z.  meadow,  and  any  other  per- 

son or  persons,  for  his  and  their  benefit  and  advantage,  at  all  times  freely 
to  pass  and  repass  on  foot,  or  with  animals,  vehicles,  loads  or  otherwise, 
through  and  over  a  certain  road  or  way  lately  formed  and  fenced  off  by  the 
said  party  of  the  first  part,  through  the  meadow  adjoining  the  said  Z. 
meadow  upon  the  north,  belonging  to  him,  the  said  party  of  the  first  part, 
and  which  said  road  or  way  is  of  the  width  of  feet  or  thereabouts, 

and  leads  from  the  said  Z.  meadow  to  the  highway,  opposite  to  the  house 
of  said  party  of  the  second  part  [which  said  way,  the  right  whereof  is  here- 
by given,  is  more  particularly  described  in  a  diagram  indorsed  on  these 
presents] ;  and  that  it  shall  be  lawful  for  the  said  party  of  the  second  part, 
his  heirs  and  assigns,  to  make  and  lay  causeways,  or  otherwise  to  repair 
said  way  as  there  shall  be  occasion. 

And  the  said  party  of  the  second  part,  for  himself,  his  heirs  and  assigns, 
hereby  covenants  with  the  said  party  of  the  first  part,  his  heirs  and  assigns, 
that  he,  the  said  party  of  tlie  second  part,  his  heirs  and  assigns,  will,  from 
time  to  time  and  at  all  times  hereafter,  at  his  or  their  own  costs  and  ex- 


DEEDS.  391 

Easements. 

pense,  repair  and  maintain,  and  keep  repaired,  in  a  proper,  substantial  and 
workmanlike  manner,  the  said  road  or  way,  the  right  of  passing  in  and  over 
which  is  hereby  granted,  and  also  the  fence  upon  both  sides  thereof,  and 
the  gate  erected  by  the  said  party  of  the  first  part  across  the  said  way, 
at  the  northern  end  thereof,  and  the  fastening  belonging  thereto ;  and  also 
that  he,  the  said  party  of  the  second  part,  his  heirs  or  assigns,  and  his  and 
their  agents  and  servants,  and  the  tenants  and  occupants  for  the  time  being 
of  the  said  meadow  using  the  said  way,  will,  at  all  times  immediately  after 
he  or  they  shall  have  used  and  passed  through  the  said  gate,  shut  and  fasten 
the  same. 

In  WITNESS  WHEREOF,  the  parties  to  these  presents  have  hereunto  inter- 
changeably set  their  hands  and  seals,  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered )  [Signatures  and  seals.] 

in  presence  of  ( 

\ Signature  of  witness.] 


754.  Bight  to  Lay  an  Aqueduct. 

The  privilege  of  conveying  water  to  said  premises  from  a  certain  spring 
lying  west  of  said  premises,  formerly  owned  by  M.  N.,  in  an  aqueduct  to  be 
taken  from  the  spring  or  fountain,  inches  below  low-water  mark  [or, 

one  inch  lower  than  any  jn-ivilege  to  be  hereafter  granted,  for  the  convey- 
ing of  water  therefrom],  such  aqueduct  to  be  inch  bore. 

755.  Deed  of  Water  Power .^  Measured  by  Capacity  of  Flume.{g) 

[As  in  Form  750  to  the  *,  continuing :]  Whereas  the  said  parties,  at 
the  time  of  the  sealing  and  delivery  of  these  presents,  are  respectively  seized 
in  fee  of  two  contiguous  pieces  of  land  in  ,  upon  the  one  of  which 

belonging  to  the  party  of  the  first  part  there  is  a  dam  and  water-course  or 
flume  belonging  to  him  upon  the  stream. 

Now  THIS  ixDENTDEE  WITNESSETH,  that  the  party  of  the  first  part,  in  con- 
sideration of  the  sum  of  dollars,  to  him  paid  by  the  party  of  the 
second  part,  the  receipt  whereof  is  hereby  acknowledged,  has  granted,  bar- 
gained and  sold,  and  by  these  presents  does  grant,  bargain  and  sell  to  the  said 
party  of  the  second  part,  his  heirs  and  assigns,  all  the  water  of  the  said 
stream  of  water,  which  may  or  can  be  led  and  conveyed  from  the  side 
of  the  said  dam,  in  a  race  or  flume,  to  be  constructed  by  and  at  the  expense 
of  the  party  of  the  second  part,  feet  in  width  and  feet  in 
depth,  measuring  from  the  surface  of  the  embankment  forming  the  said  dam  : 
To  HAVE  AND  TO  HOLD  the  Said  easement  [etc.,  continuing  as  in  other  form]. 

756.  Deed  of  a  Pew,  By  the  Proprietors  of  a  Church. 

Know  all  men  by  these  presents,  that  the  proprietors  of  the 
Church,  in  ,  in  consideration  of  dollars,  to  us  paid  by  Y.  Z.,  of 

(^)  For  auother  mode,  measuring  by  power  of  mills,  see  Form  737. 


392  ABBOTTS'  FORMS. 


Deeds  of  Pews. 


,  do  hereby  grant,  bargain,  sell  and  convoy  unto  the  said  Y.  Z.,  his 
heirs  and  assigns,  the  pew  in  the  church  aforesaid,  numbered  :  To  have 
AND  TO  HOLD  the  same,  with  the  privileges  and  appurtenances,  to  the  said  Y. 
Z.,  his  heirs  and  assigns,  forever:  And  the  said  proprietoes  hereby  cove- 
nant with  the  said  Y.  Z ,  his  heirs  and  assigns,  that  they  are  the  lawful 
owners  of  the  said  pew,  and  have  good  right  and  authority  to  sell  the  same 
as  aforesaid  :  Provided,  however,  that  this  deed  shall  not  be  binding  until 
recorded  in  the  books  of  said  church. 

In  testimony  wiiekeof,  the  said  proprietors  have  caused  these 
[iSieaZ.]    presents  to  be  signed  by  their  treasurer,  and  their  corporate  seal  to 
be  hereunto  aflSxed  by  their  treasurer,  this        day  of  ,  18    . 

Signed,  sealed  and  delivered ) 

in  presence  of  \  [Signatures.'] 

[Signature  of  witness.] 


757.  J)eed  by  the  Trustees  of  a  Religious  Corporation,  Conveying  a  Pew 
Subject  to  Assessments  To  Be  Laid. 

Know  alt-  men  by  these  presents,  that  the  trustees  of  the  Society 

of  the  town  of  ,  in  the  county  of  ,  and  State  of  ,  in  con- 

sideration of  dollars  to  us  paid  by  Y.  Z.,  of  said  town,  the  receipt 

whereof  is  hereby  acknowledged,  do  hereby  sell  and  convey  unto  the  said 
Y.  Z.  the  pew  No.  in  the  church  of  the  said  society.     To  hate  and  to 

HOLD  the  same  unto  the  said  Y.  Z.,  his  heirs  and  assigns  [or,  where  a  pew  is 
personal  estate,  his  executors,  administrators  and  assigns],  forever  ;  subject 
to  all  liabilities  and  encumbrances  now  legally  existing,  and  to  such  taxes 
and  assessments  as  may  from  time  to  time  be  laid  thereon  by  said  society ; 
provided,  however,  that  no  alterS,tion  shall  be  made  in  said  pew,  nor  shall 
the  same  be  sold  or  transferred,  by  deed  of  sale,  or  mortgage,  without  the 
written  consent  of  said  society,  or  of  their  trustees  for  the  time  being ;  and 
farther,  that  if,  at  any  time,  there  shall  be  owing  from  said  pew  a  sum 
equal  to  one  year's  taxes  or  assessments,  this  conveyance  shall  be  wholly 
void,  and  all  the  right,  title  and  interest  of  the  said  Y.  Z.,  his  heirs  [or,  ex- 
ecutors, administrators]  and  assigns,  in  and  to  the  said  pew,  shall  revert  to 
the  said  society. 

In  witness  whereof,  we  have  hereunto  set  our  hands,  and  the  corporate 
seal  of  said  society,  this        day  of  ,  18    . 

Signed,  sealed  and  delivered)  A.  B. ^  Trustees 

in  presence  of  J  0.  D.  >      ,.    ,  [Seal.] 

[Signature  of  witness.]  E.  F. )       ' 


758.  Deed  of  a  Pew  by  One  Individual  to  Another. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  ,  m 

consideration  of  dollars  to  me  paid  by  Y.  Z.,  of  ,  do  hereby 

grant,  bargain,  sell  and  convey  unto  the  said  Y.  Z.,  his  heirs  and  assigns,  the 
pew  in  the  Church  at  aforesaid,  numbered  :  To  have  and 


DEEDS.  893 

Land  for  Ruilroad. 


TO  HOLD  the  same,  with  the  privileges  and  appurtenances,  to  the  said  T.  Z., 
his  heirs  and  assigns,  forever. 

And  I,  the  said  A.  B.,  for  myself,  my  heirs,  executors  and  administrators, 
do  hereby  covenant  and  agree  with  the  said  Y.  Z.,  his  heirs  and  assigns, 
that  I  am  lawfully  seized  in  fee  of  the  said  pew ;  that  I  have  good  right  to 
convey  the  same  to  the  said  Y.  Z.,  as  aforesaid ;  that  the  said  pew  is  free 
from  all  encumbrances;  and  that  I,  my  heirs,  executors  and  administrators, 
will  warrant  and  defend  the  same  to  the  said  Y.  Z.,  his  heirs  and  assigns, 
against  the  lawful  demands  of  all  persons ;  subject,  however,  to  the  rights  of 
the  corporation. 

Is  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand  and  seal,  this  day 
of  ,  in  the  year  one  thousand  eight  hundred  and 

Signed,  sealed  and  deUvered)  A.  B.  [Seal.] 

in  the  presence  of         j 
[Signature  of  witness.] 

759.  Deed  of  Land  to  a  Railroad  Company  for  the  Purposes  of  Their  Road. 

This  DfDENTTJKE,  made  this         day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.  and  C.  D.  his  wife,  of  ,  in 

the  county  of  ,  and  State  of  ,  of  the  first  part,  and  the 

Eailroad  Company,  of  the  second  part,  witnesseth  :  That  the  said  parties 
of  the  first  part,  for  and  in  consideration  of  the  sum  of  dollars  to  them 

paid  hy  the  said  parties  of  the  second  part,  the  receipt  whereof  is  hereby 
acknowledged,  have  granted,  bargained,  sold,  aliened,  remised,  released, 
conveyed  and  confirmed,  and  by  these  presents  do  grant,  bargain,  sell, 
alien,  remise,  release,  convey  and  confirm  unto  the  said  parties  of  the  second 
part,  and  to  their  successors  and  assigns  forever,  all  [here  insert  description 
of  the  premises].  Together  with  all  and  singular  the  tenements,  heredita- 
ments and  appurtenances  thereunto  belonging,  or  in  any  wise  appertaining ; 
and  the  reversion  and  reversions,  remainder  and  remainders,  rents,  issues 
and  profits  thereof;  and  also  all  the  estate,  right,  title,  interest  [dower  and 
right  of  dower(A)],  property,  possession,  claim  and  demand  whatsoever  of 
the  said  party  [or,  parties]  of  the  first  part,  both  in  law  and  in  equity,  of, 
in  and  to  the  above-granted  premises,  with  the  hereditaments  and  appur- 
tenances :  To  have  and  to  hold  the  ahove-granted  premises,  with  the 
appurtenances,  and  every  part  thereof,  unto  the  said  parties  of  the  second 
part,  their  successors  and  assigns,  to  their  own  proper  use  and  behoof  for- 
ever, for  the  use  and  purpose  of  the  parties  of  the  second  part  for  track, 
and  a  roadway  for  said  railroad,  and  the  proper  appendages  to  such  track 
and  roadway,  and  for  no  other  use  or  purpose. 

Provided  always — and  these  presents  are  upon  this  express  condition — 
that  the  said  party  of  the  second  part  shall  construct  their  railroad  and  put 
it  in  operation  within  the  time  prescribed  by  the  act  incorporating  the 
same  [or  any  other  period  agreed  on]. 

And  it  is  understood  that  this  conveyance  is  made  for  the  purpose,  and 
subject  to  the  provisions  of  the  act,  entitled  an  act  [etc.,  referring  to  the 

(A)  Omit  these  words,  unless  a  wife  joins. 


394  ABBOTTS'  FORMS. 


Deed  in  Trust. 


cTiarter],  and  the  acts  amendatory  thereof^  the  former  passed  the        day  of 
,18    ,  and  for  no  other  use  or  purpose  whatsoever. 
In  witness  whereof,  the  said  parties  of  the  first  part  have  hereunto  set 
their  hands  and  seals,  the  day  and  year  first  above  written. 
Signed,  sealed  and  delivered )  [Signatures  and  seals.] 

in  presence  of  ) 

[Signature  of  wittiess.'] 

760.  Trust  Deed.{i) 

This  indentube,  made  the  day  of  ,  in  the  year  one  thou- 

sand eight  hundred  and  ,  between  A,  B.,  of  ,  in  the  county  of 

,  and  State  of  ,  merchant  [and  0.  B.  his  wife],  of  the  first  part, 

and  Y.  Z.,  of  ,  in  the  said  county,  as  trustee  for  ,  of  the  second 

part,  WITNESSETH :  That  the  said  party  [or,  parties]  of  the  first  part,  in  con- 
sideration of  the  sum  of  dollars  to  him  [or,  them]  paid  by  the  said 
party  of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged  [or 
state  other  consideration,  as  the  case  may  he],  has  [or,  have]  granted,  bar- 
gained, sold,  aliened,  remised,  released,  conveyed  and  confirmed,  and  by 
these  presents  does  [or,  do]  grant,  bargain,  sell,  alien,  remise,  release,  con- 
vey and  confirm,  unto  the  said  party  of  the  second  part,  and  to  his  heirs 
and  assigns,  forever,  all  [here  insert  descriptioii]. 

To  HAVE  AND  TO  HOLD  all  and  singular  the  above-granted  premises,  to- 
gether with  the  appurtenances  and  every  part  thereof,  unto  the  said  party 
of  the  second  part,  his  successors  and  assigns,  forever,  in  fee,  upon  the 
trusts,  nevertheless,  and  to  and  for  the  uses,  interests  and  purposes  herein- 
after limited,  described  and  declared — that  is  to  say,  upon  trust  to  receive 
the  issues,  rents  and  profits  of  the  said  premises,  and  apply  the  same  to 
the  use  of  M.  N".,  during  the  term  of  his  natural  life,  and,  after  the  death 
of  the  said  M.  N.,  to  convey  the  same  by  deed  to  O.  P.  in  fee. 

In  witness  wheekof,  the  parties  to  these  presents  have  hereunto  inter- 
changeably set  their  hands  and  seals,  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered )  [Signatures  and  seaU^ 

in  the  presence  of  J 

[Signature  of  witness.] 

761.  Habendum  of  a  Deed  in  Trust  for  a  Married  Woman. 

To  HAVE  AND  TO  HOLD  all  and  singular  the  above-described  premises,  with 
the  appurtenances,  unto  the  said  party  of  the  second  part,  his  successors 
and  assigns,  forever ;  In  teust  for  the  sole  and  separate  use,  benefit  and 
behoof  of  the  said  0.  B.,  wife  of  the  said  A.  B.,  her  heirs  and  assigns,  for- 
ever, free  from  the  control,  disposal,  debts  and  liabilities  of  her  said  hus- 
band ;  and  to  permit  her,  the  said  C.  B.,  to  take,  collect  and  receive  the 
rents,  issues  and  profits  thereof  [or,  and  to  take,  collect  and  receive  the 
rents,  issues  and  profits  thereof,  and  apply  the  same]  to  and  for  her  sole 

(i)  For  Assignments  in  Trust,  see  Assionmsnts. 


DEEDS.  395 

Deed  in  Trust. 


and  separate  nse;  free  as  aforesaid,  with  full  and  absolute  power  to  the  said 
0.  B.  of  encumbering,  alienating  or  disposing  of  said  premises,  or  any 
part  thereof,  and  the  rents,  issues  and  profits  thereof,  as  if  she  were  sole, 
so  far  as  she  may  by  the  laws  of  said  State. 


762.  Deed  Conveying  in  Trust  for  Support  of  Qrantor^s  Parents^  with 
Power  of  Appointment  to  Them^  and  a  Reservation  of  Rents  for  Payment 
of  Encumbrances. 

This  indenture  tripartite,  made  this         day  of  ,  in  the  year  one 

thousand  eight  hundred  and        ,  between  A.  B.,  of  the  city  of  ,  mer- 

chant, party  of  the  first  part,  and  Y.  Z.,  drygoods  dealer,  also  of  the  said 
city,  party  of  the  second  part,  and  0.  B.,  of  said  city,  wife  of  B.  B.,  of  said 
city,  party  of  the  third  part :  Whereas  the  undersigned  is  desirous  to  make 
a  provision  and  settlement  for  the  benefit  of  his  father,  mother  and  sisters, 
by  a  conveyance  in  trust  of  the  property  hereinafter  mentioned,  subject, 
however,  to  the  reservations  herein  provided,  and  to  the  trusts  and  powers 
herein  contained  ;  J^ow  this  indenture  witnesseth,  that  the  said  party  of 
the  first  part,  for  and  in  consideration  of  the  sum  of  dollars,  to  them 

paid  by  the  said  parties  of  the  second  part,  the  receipt  whereof  is  hereby 
acknowledged,  have  granted,  bargained,  sold,  aliened,  remised,  released, 
conveyed  and  confirmed,  and  by  these  presents  do  grant,  bargain,  sell,  alien, 
remise,  release,  convey  and  confirm  unto  the  said  parties  of  the  second 
part,  and  to  their  successors  and  assigns  forever,  all  \here  insert  description 
of  the  premises']. 

Together  with  all  and  singular  the  tenements,  hereditaments  and  appur- 
tenances thereunto  belonging,  or  in  any  wise  appertaining,  and  the  rever- 
sion and  reversions,  remainder  and  remainders,  rents,  issues,  and  profits 
thereof;  and  also  all  the  estate,  right,  title,  interest,  property,  possession, 
claim  and  demand  whatsoever  of  the  said  party  of  the  first  part,  both  in 
law  and  in  equity,  of,  in  and  to  the  above-granted  premises,  with  the  here- 
ditaments and  appurtenances  :  To  have  and  to  hold  aU  and  singular  the 
above-granted  premises,  together  with  the  appurtenances,  and  every  part, 
unto  the  said  party  of  the  second  part,  his  heirs  and  assigns,  forever,  [i/ 
there  is  any  encumbrance,  add.,  subject  to,  etc.,  specifying  it.]  It  is,  how- 
ever, to  be  taken  and  understood  as  part  of  this  indenture,  and  as  limiting 
and  controlling  the  grant  hereby  made  to  the  party  hereto  of  the  second 
part,  that  the  party  hereto  of  the  first  part  hereby  retains  and  reserves  the 
possession,  use,  occupation,  rents,  issues  and  profits  of  the  premises  hereby 
conveyed,  for  the  purpose  of  paying,  and  until  the  mortgage  liens  now  ex- 
isting upon  the  said  premises  shall  be  paid  oflf  or  discharged,  such  retaining 
and  reservation  of  the  possession,  use,  occupation,  rents,  issues  and  profits 
not,  however,  to  extend  beyond  the         day  of  ,  one  thousand  eight 

hundred  and  ,  but  to  terminate  sooner  if  the  aforesaid  mortgage  liens 
shall  be  sooner  paid  off  or  discharged,  or  if  both  B.  B.  and  0.  B.,  the  father 
and  mother  of  the  party  hereto  of  the  first  part,  shall  sooner  depart  this 
life ;  In  trust,  nevertheless,  subject  to  the  reservation  aforesaid,  that  the 


396  ABBOTTS'  FORMS. 


Deed  in  Trust. 


said  party  of  the  second  part,  his  heirs,  suc^cessors  and  assigns,  shall  man- 
age said  property  hereby  conveyed,  and  shall  apply  the  net  income  and 
profits,  after  deducting  for  repairs,  taxes,  assessments  and  insurance,  which 
shall,  from  time  to  time,  be  realized  from  the  premises  hereby  conveyed,  to 
the  sole  and  separate  use  of  the  said  0.  B.,  during  her  natural  life,  free  and 
discharged  from  any  rights  or  claims  of  oft  against  her  husband;  the  sepa- 
rate receipt  or  settlement  of  the  said  0.  B.  therefor,  to  be  a  full  and  com- 
plete discharge  of  the  said  party  of  the  second  part ;  secondly,  in  trust  from 
the  death  of  the  said  0.  B.,  to  apply  the  said  net  income  and  profits  as  they 
shall  from  time  to  time  arise,  to  the  sole  use  of  the  said  B.  B.,  and  for  the 
support  of  himself  and  family  during  his  life.  It  is  further  understood  and 
to  be  taken  as  part  of  this  conveyance,  that  the  property  and  premises 
hereby  conveyed  at  the  death  of  the  said  B.  and  C.  B.  shall  vest  in  the 
children  of  the  said  B.  B.,  or  in  a  trustee  or  trustees  for  their  benefit,  in 
such  shares  and  proportions,  and  in  such  estates  as  the  said  B.  B.  shall  by 
a  conveyance  or  last  will  and  testament  order  and  appoint.  It  being  to  be 
further  understood  and  taken  as  part  of  this  indenture,  that  the  said  B.  B. 
shall  have  the  power  of  ordering  and  appointing,  or  distributing  among,  or 
in  trust  for  his  children,  the  fee-simple  of  said  property,  or  less  estate 
therein,  either  by  a  conveyance  or  by  a  last  will  and  testament,  subject  to 
the  aforesaid  reservation  and  life  interest,  and  in  such  shares  and  propor- 
tions, and  in  such  manner  as  he  shall  therein  designate  and  direct,  provided, 
however,  that  at  least  one-fourth  part  thereof  shall  be  appointed  to  the  use 
of  the  party  hereto  of  the  first  part.  It  being  the  intent  and  meaning 
hereof  to  clothe  the  said  B.  B.  with  all  the  power  and  authority  over  three- 
fourths  of  said  estate  or  property,  in  distributing  the  same  among  his 
children,  subject  to  said  reservation  and  life  interests,  as  the  party  of  the 
first  part  would  have  had,  had  not  this  indenture  been  executed.  And  it  is 
further  understood  and  to  be  taken  as  part  of  this  conveyance,  that  if  the 
power  of  appointment  and  distribution  aforesaid  shall  not  be  exercised  by 
the  said  B.  B.  during  his  lifetime,  that  the  samfe  may  be  exercised  by  the 
said  0.  B.,  who,  upon  the  death  of  the  said  B.,  without  having  by  a  con- 
veyance or  last  will  and  testament  exercised  the  power  and  authority 
hereby  granted,  shall  have  the  same  power  and  authority.  And  the  said 
party  hereto  of  the  second  part  is  hereby  authorized  and  directed  to  convey 
the  property  and  premises  herein  and  hereby  conveyed  in  pursuance  and 
upon  the  terms  of  the  order  and  appointment  of  the  said  B.  or  0.  B.  legally 
made  under  the  provisions  of  this  indenture.  This  indentuee  further  wit- 
nesseth,  that  the  said  party  ot  the  first  part,  for  and  in  consideration  of  the 
sum  of  ten  dollars  to  him  in  hand  paid  by  the  said  party  of  the  third  part, 
the  receipt  whereof  is  hereby  acknowledged,  and  the  said  party  of  the  third 
part  forever  discharged  therefrom,  hath  granted,  bargained,  sold,  assigned, 
transferred  and  set  over,  and  by  these  pi'esents  doth,  for  himself,  his  heirs 
and  assigns,  grant,  bargain,  sell,  assign,  transfer  and  set  over  unto  the  said 
party  of  the  third  part,  her  heirs  and  assigns,  all  the  estate,  premises  and 
property  hereinbefore  described  and  intended  to  be  conveyed,  if  any,  which 
are  not  legally  vested  in  or  conveyed  to  the  said  party  of  the  second  part, 
his  heirs  and  assigns,  by  virtue  of  the  execution  of  this  indenture,  for  the 


DEFEASANCES.  397 


Covenant  to  Account  for  Collateral  Security. 


nses  and  purposes  hereinbefore  mentioned,  or  which  cannot  be  claimed  by 
the  beneficiaries  under  or  through  the  trusts  or  persons  or  the  execution 
thereof  herein  and  hereunder  intended  to  be  legally  created,  authorized  and 
executed,  reserving  and  retaining,  however,  to  the  said  party  of  the  first 
part  the  use,  possession,  occupation,  rents,  issues  and  profits  of  the  said 
property  and  premises  for  the  period  hereinbefore  reserved  and  retained. 

In  witness  wheeeof,  the  said  parties  have  hereunto  set  their  hands  and 
seals,  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered }  [Signatures  and  seals.] 

in  presence  of  j 

[Signature  of  witness.] 


CHAPTER  XXIX. 

DEFEASANCES. 


Where  a  conveyance  of  property  is  made  in  absolute  terms,  but  the  grantee 
gives  an  instrument  to  the  grantor,  which  declares  that  on  a  specified  condi- 
tion the  grant  shall  be  defeated,  the  latter  instrument  is  termed  a  defeasanbe. 
The  general  practice  is  to  embody  the  terms  of  the  defeasance  in  the  grant 
itself ;  and  this  is  the  only  safe  way,  especially  in  conveyances  of  real  property 
A  separate  defeasance  is  rarely  to  be  resorted  to. 


763.  Defeasance  and  Covenant  to  Account,  Given  on  Receiving  an  Assign- 
ment of  a  Collateral  Security. 

"Whereas,  A.  B.,  of  the  city  of  ,  is  this  day  indebted  to  us  in  the 

sura  of  dollars,  and  has  assigned  and  transferred  to  us,  by  an  assign- 

ment in  writing,  under  his  hand  and  seal,  a  certain  bond,  executed  by  0. 
D.,  of  the  city  of  ,  and  a  mortgage  upon  certain  premises  situated 

in  said  city  of  ,  executed  by  the  said  C.  D.,  and  M.  his  wife,  which 

bond  and  mortgage  bear  date  on  the  day  of  ,  one  thousand 

eight  hundred  and  ,  and  are  conditioned  for  the  payment  of  the  sum 

of  dollars,  on  the  day  of  >  18    ,  and  the  interest  thereon 

from  the  date  of  said  bond  and  mortgage,  at  and  after  the  rate  of  per 

cent,  per  annum,  and  to  be  paid  semi-annually ;  which  assignment  of  said 
bond  and  mortgage,  though  absolute  in  its  terms,  is  intended  in  fact  to  be 
and  is  received  by  us  as  collateral  security  for  the  payment  of  the  amount 
so  due  to  us  as  aforesaid,  and  any  other  sum  or  sums  which  may  hereafter 
become  due  and  owing  from  the  said  A.  B.  to  us. 

Now,  THEHEFOEE,  in  Consideration  of  the  premises,  we  do  hereby,  for 
ourselves,  our  heirs,  executors  and  administrators,  covenant  and  agree  to 
and  with  the  said  A.  B.,  his  executors,  administrators  and  assigns,  that  we 
nill  well'and  faithfully  account  to  him  or  them  for,  and  pay  over  to  him  or 


398  ABBOTTS'  FORMS. 


Disorderly  Persons. 


them,  any  and  all  moneys  which  shall  be  received  or  collected  by  us,  our 
executors,  administrators  or  assigns,  upon  or  from  the  said  bond  and  mort- 
gage, or  either  of  them,  over  and  above  the  amount  so  due  to  us  from  said 
A.  B.,  and  interest  thereon  from  this  date ;  and  that  whenever  the  said 
amount  so  due  to  us,  and  all  interest  thereon,  shall  be  fully  paid  to  us,  we 
will  reassign  the  above-described  bond  and  mortgage  to  him,  his  executors, 
administrators  or  assigns,  provided  the  said  bond  and  mortgage  shall  not 
then  have  been  paid  in  full  or  otherwise  satisfied  or  foreclosed.  But  it  is 
expressly  understood  that  nothing  in  this  agreement  is  to  prevent  our 
prosecuting  said  bond  or  foreclosing  said  mortgage  for  the  purpose  of  en- 
forcing the  payment  of  the  moneys  secured  thereby,  in  case  of  any  default 
in  the  payment  thereof  or  in  the  performance  of  any  of  its  conditions,  ac- 
cording to  the  terms  thereof. 

In  witness  wheeeof,  we  have  hereunto  set  our  hands  and  seals,  this 
daj  of  ,  18    .  [Signatures  and  seals.] 


CHAPTER  XXX. 

DISORDERLY  PERSONS,   VAGRANTS,   ETC. 

By  the  statutes  of  some  of  the  States  relating  to  this  subject,  an  enumeration 
is  made  of  two  classes  of  offenders  :{a)  1st,  vagrants  ;  2d,  disorderly  persons. 
Under  the  head  of  vagrants  are  embraced :  1st,  idle  persons,  living  without 
employment,  and  having  no  visible  means'  of  support ;  2d,  beggars  ;  3d,  per- 
sons wandering  abroad,  and  sleeping  in  the  open  air,  or  other  specified  places. 
And  disorderly  persons  are  substantially  designated  as:  1st,  those  who  aban- 
don their  wives  and  familes ;  2d,  prostitutes  ;  3d,  fortune-tellers ;  4th,  mounte- 
banks ;  5th,  common  showmen ;  6th,  gamblers ;  and  7th,  keej^rs  of  bawdy- 
houses. 

FAQH 

764.  Complaint  against  offender 899 

765.  Complaint  for  keeping  disorderly  house 899 

766.  Warrant  to  arrest  offender 899 

767.  Examination  of  the  offender 899 

768.  Kecord  of  conviction  of  vagrant,  with  commitment  to  poorhouse 400 

769.  The  same  ;  with  commitment  to  county  jail 400 

770.  Eecognizance  of  a  disorderly  person 400 

771.  Kecord  of  conviction 401 

772.  Commitment  of  vagrant  to  poorhouse 401 

778.  The  same ;  to  county  jail 401 

774.  Commitment  of  disorderly  person  in  default  of  sureties 402 


(o)  This  is  the  provision  of  the  Now  York  Statute.    1  Jiev.  Stat.,  683,  688.    There 
are  other  local  statutes. 


DISORDEKLY  PERSONS,  VAGRANTS,  ETC.  399 

Complaint.  Warrant. 

764.   Complaint  Against  Offender. 

COITNTT  OF  ,  SS. 

A.  B.,  of  the  town  of  ,  in  said  county,  being  duly  sworn,  makes 

complaint  before  J.  K.,  one  of  the  justices  of  the  peace  for  said  town,  that 
Y.  Z.,  now  in  said  town,*  is  an  idle  person,  not  having  visible  means  to 
maintain  himself,  and  living  without  employment,  and  that  he  is,  as  de- 
ponent believes,  a  vagrant  [or,  state  facts  showing  that  he  is  a  disorderly 
person,  and  allege  that  he  is  such\  within  the  meaning  and  intent  of  the 
statute  in  such  case  made  and  provided.  [Signature  of  deponent] 

Subscribed  and  sworn  before  me, ) 
this        day  of  ,  18    .      ) 

^Signature  of]  Justice. 


765.  Complaint  for  Keeping  Disorderly  House. 

[As  in  preceding  form  to  the*,  continuing  thus:]  Keeps  and  maintains 
at  No.  ,  in  street,  in  said  town,  a  certain  common,  Hi-governed 

and  disorderly  house ;  and  in  the  said  house,  for  his  own  lucre  and  gain, 
unlawfully  causes  certain  evil  and  ill-disposed  persons,  as  well  men  as 
women  of  evil  name  and  fame,  and  of  dishonest  conversation,  to  frequent 
and  come  together,  and  procures  the  said  men  and  women  to  be  in  the  said 
house  at  unlawful  times,  as  well  in  the  night  as  in  the  day,  then  and  there 
to  remain  drinking,  tippling,  whoring  and  misbehaving  themselves  unlaw- 
fully. 

766.  Warrant  to  Arrest  Offender. 

To  any  constable  of  the  county  of  ,  greeting : 

Whereas,  A.  B.,  of  ,  in  said  county,  has  this  day  made  complaint, 

on  oath,  before  me,  the  under-named  justice  of  the  peace  of  said  town,  that 
Y.  Z.  [here  set  forth  the  charge  in  the  complaint] :  Yox:  aee  therefoek 
hereby  commanded,  in  the  name  of  the  People  of  the  State  of  ,  forth- 

with to  arrest  the  said  Y.  Z.,  and  bring  hira  before  me,  the  said  justice,  at 
my  office,  in  ,  aforesaid,  to  answer  to  the  said  complaint,  and  to  be 

dealt  with  in  the  premises  according  to  law. 

Given  under  my  hand,  this        day  of  ,  18    . 

[Signature  of]  Justice  of  the  Peace 

767.  Bxamination  of  the  Offender. 

The  examination  of  A.  B.,  a  vagrant,  taken  on  oath  before  me,  one  of 

the  justices  of  the  peace  in  and  for  the  of         ,  this        day  of  , 

A.  D.        ,  who  saith,  that  he  was  born  at  [etc.,  setting  forth  the  statement]. 

Taken  and  subscribed  ^  [Signature.] 

before  me,  this         >• 

day  of  ,18    .) 

[Signature  of]  Justice  of  the  Peace. 


400  "   ABBOTTS'  FORMS. 


Conviction  of  Vagrants,  etc. 


768.  Record  of  Conviction  of  Vagrant^  With  Commitment  to  PoorJiouse. 

County  of  ,  «s. 

Be  it  eemembered,  that  Y.  Z.  was  this  day  brought  before  me,  the  under- 
signed, a  justice  of  the  peace  for  the  town  of  ,  in  said  county,  at  my 
oifice  in  said  town,  upon  the  charge  [of  A.  B.,  made  under  oath],  that  he 
was  in  the  said  town,  an  idle  person,  not  having  visible  means  to  maintain 
himself,  and  living  without  employment  [or  otherwise,  as  the  case  may  have 
been],  and  a  vagrant  within  the  intent  and  meaning  of  the  statute  in  such 
case  made  and  provided  ;  and  I  being  satisfied,  after  due  and  personal  ex- 
amination of  said  Y.  Z,,  and  upon  his  confession  [or,  upon  competent 
testimony]  now  before  me  given,  that  said  charge  is  true,  the  said  Y.  Z.  is 
therefore  duly  convicted  before  me  of  being  a  vagrant  [or  othencise],  within 
the  true  intent  and  meaning  of  the  statute;*  and  it  appearing  to  me  that  he 
is  not  a  notorious  offender,  and  is  a  proper  object  for  relief,  I  adjudge  and 
determine  that  he  be  committed  to  the  county  poorhouse  of  said  county 
[or,  the  almshouse — or,  poorhouse — of  the  said  town]  for  the  term  ol 
[specify  time  not  exceeding  six  montli^],  there  to  be  kept  at  hard  labor. 

GivKN  under  my  hand  and  seal,  this        day  of  ,  18    . 

[Signature,  title  and  seal  of  justice.] 


769.  The  Sams ;  With  Commitment  to  County  Jail. 

[As  in  preceding  form  to  the  *,  concluding  thug ;]  And  it  appearing  to 
me  that  said  Y.  Z.  is  an  improper  person  to  be  sent  to  the  poorhouse,  I  do 
therefore  adjudge  and  determine  that  he  be  committed  to  the  bridewell  or 
house  of  correction  of  said  [or  if  there  he  none,  say,  to  the  common 

jail  of  said  county],  for  the  term  of  [specify  a  time  not  exceeding  sixty]  days 
[and  to  be  kept  for  the  first  days  of  said  term  on  bread  and  water 

only].  \ 

GiVEiT  [etc.,  aa  in  preceding  form]. 


770.  Eecognizarvce  of  a  Disorderly  Person. 

County  of  ,  m. 

We,  Y.  Z.,  E.  F.  and  G.  H.,  of  ,  in  said  county,  acknowledge  our- 

selves indebted  to  the  People  of  the  State  of  ;  that  is  to  say,  the  said 

Y.  Z.  in  the  sum  of  dollars,  and  the  said  E.  F.  and  G.  H.,  each  in  the 

sum  of  dollars,  to  be  respectively  made  and  levied  of  our  several  goods 

and  chattels,  lands  and  tenements,  to  the  use  of  the  said  People,  if  default 
shall  be  made  in  the  condition  following : 

The  condition  of  the  above  recognizance  is  such,  that  whereas  the  said 
Y.  Z.,  has  this  day  been  convicted  before  ,  a  justice  of  the  peace  for 

said  ,  of  being  a  disorderly  person ;  now  if  the  said  Y.  Z.  shall  bo  and 

continue  of  good  behavior  towards  the  People  of  the  State  of  ,  for 


DISORDERLY  PERSONS,-  VAGRANTS,  ETC.  401 

Conviction.  Commitment. 

the  space  of  one  year  from  and  after  this  day,  then  this  recognizance  to  be 
void ;  otherwise,  of  full  force. 

Taken,    approved,    subscribed  )  [Signatures  artd  seals.] 

and  acknowledged  before  me,  >- 

this        day  of  ,  18    . ) 

[Signature  of]  Justice  of  the  Peace. 


771.  Record  of  Conviction  of  Disorderly  Person. 

[Recite  charge,  examination  and  conviction — see  Form  768 — and  conclude :] 
And  inasmuch  as  the  said  Y.  Z,,  now  before  me,  has  made  default  in  finding 
sureties  for  his  good  behavior,  as  by  me  required — that  is  to  say,  two 
sufficient  sureties,  to  be  recognized  with  said  Y,  Z.,  each  in  the  sum  of 
dollars,  and  the  said  Y.  Z.  in  the  smi,  of  dollars :  I  do  therefore,  in 

pursuance  of  the  statute  in  such  case  made  and  provided,  make  this  my 
record  of  the  conviction  of  the  said  Y.  Z.,  of  the  offence  aforesaid. 

Given  [etc.,  as  in  Form  768]. 

772.   Commitment  of  Vagrant  to  PoorTiouse. 

To  any  constable  of  the  county  of  ,  greeting : 

Whereas,  Y.  Z.  [was  charged  before  me,  upon  the  oath  of  A.  B.,  with 
being  a  vagrant,  and],  upon  an  examination  before  me,  was  this  day  duly 
convicted  of  being  a  vagrant,(5)  and  *  it  appearing  to  me  that  he  is  nut  a 
notorious  offender  and  is  a  proper  subject  of  relief,  I  did  adjudge  that  he 
be  committed  as  hereinafter  directed : 

Now,  THEEEFOEE,  you  are  commanded,  in  the  name  of  the  People  of  the 
State  of  ,  to  convey  the  said  Y.  Z.  to  the  county  poorhouse  of  said 

county  [or,  almshouse,  or,  poorhouse,  of  said  town],  the  keeper  whereof 
is  required  to  keep  the  said  Y.  Z.  therein  at  hard  labor  for  the  term  of 
days. 

Given  [etc.,  as  in  Form  768]. 

773,  The  Same ;  To  County  Jail. 

[As  in  the  preceding  form  to  the  *,  continuing  thu^ :]  it  appearing  to  me 
that  he  is  an  improper  person  to  be  sent  to  the  poorhouse,  I  did  adjudge 
that  he  be  committed  as  hereinafter  directed. 

Now,  THEEEFOEE,  you  are  commanded,  in  the  name  of  the  People  of  the 
State  of  ,  to  convey  the  said  Y,  Z.  to  the  common  jail  of  said  county, 

the  keeper  whereof  is  required  to  detain  the  said  Y.  Z,  in  safe  custody 
therein  for  the  term  of  days  [and  to  keep  him  for  the  first  days 

of  said  term  on  bread  and  water  only]. 

Given  [etc.,  as  in  Form  768], 

(J)  It  is   the   better  opinion,  that  tlie  which  it  is  characterized  by  the  statute, 

commitment  need  not  set  forth  the  par-  Case    of   tlie   Twelve  Commitments,   19 

ticulars  of  the  offence ;  it  is  enough  to  Abbotts^  Pr.,  394 ;   Gray's  Case,  11  /A.,, 

describe  it  in  the  general  designation  with  56 ;  S.  C,  4  Park.  Or.,  616. 
26 


402  ABBOTTS'  FOEMS. 


Dower. 


774.  Commitment  of  Disorderly  Person  in  Default  of  Sureties. 

To  any  constable  of  the  county  of  ,  greeting: 

Whereas,  Y.  Z.  [was  charged  before  me,  upon  the  oath  of  A.  B.,  with 
being  a  disorderly  person,  and],  upon  an  examination  before  me,  was  this 
day  duly  convicted  of  being  a  disorderly  person, (c)  and  upon  such  convic- 
tion the  said  Y.  Z.  was  by  me  required  to  find  two  sufficient  sureties  to  be 
recognized  with  said  Y.  Z.,  the  sureties  each  in  the  sum  of  dollars, 

and  the  said  Y.  Z.  in  the  sum  of  dollars,  for  his  good  behavior  for  the 

space  of  one  year  from  the  time  of  his  conviction  as  aforesaid ;  and  inas- 
much as  said  Y.  Z.  has  made  default  in  finding  such  sureties : 

Now,  THEREFORE,  you  are  commanded,  in  the  name  of  the  People  of  the 
State  of  ,  forthwith  to  convey  the  said  Y.  Z.  to  the  common  jail  of 

said  county,  the  keeper  whereof  is  required  to  detain  him  in  custody  in  said 
jail  for  the  term  of  ,  or  until  he  shall  find  such  sureties, (cf)  or  shall  be 

thence  discharged  according  to  law. 

GrvEU  [etc.,  as  in  Form  768], 


CHAPTER  XXXI. 

DOWER. 

IN  this  chapter  are  presented  the  necessary  forms  for  proceeding  to  compel 
an  admeasurement  of  dower.  If  the  heirs  or  other  owners  of  the  fee  can  agree 
with  the  widow  upon  her  allotment,  they  may  convey  it  to  her  by  a  deed,  for 
which  see  the  chapter  of  Deeds.  If  they  do  not  take  this  course,  either  party 
may  apply  to  the  court  for  an  admeasurement.  This  proceeding  does  not, 
however,  determine  the  question  of  her  right  to  dower ;  but  only  what  is  a 
fair  third  of  the  lands  in  which  she  claims  it.(a) 

FAOK 

775.  Petition  by  widow,  for  the  admeasurement  of  dower 403 

776.  Verification  of  foregoing  petition 403 

777.  Notice  by  iieirs  requiring  widow  to  demand  dower 403 

778.  Petition  by  heir  or  owner  for  the  admeasurement  of  dower 403 

779.  Notice  of  application  for  dower,  to  be  served  with  copy  petition 404 

780.  Petition  for  appointment  of  guardian 404 

781.  Order  appointing  guardian 404 

782.  Order  for  admeasurement  of  dower 405 

783.  Oath  of  commissioners 405 

784.  Report  of  commissioners 405 

(o)  See  preceding  note.  (a)  Under  the  New  York  Code  of  Pro- 

{d)  As  to  the  requisite  of  the  commit-  cedure,  the  admeasurement  may  be  had 

ment  in  this  respect,  see  the  Case  of  the  in  a  civil  action.    Townsendt;.  Townsend, 

Twelve    Commitments,   19  Abbotts'   Pr.,  2.  Sand/.^IW. 

894. 


DOWER.  403 

Proceedings  for  Admeasurement. 

775.  Petition  hy  Widow,  for  the  Admeasurement  of  Dower. 

To  the  Court  of  [or,  to  the  surrogate  of  the  county  of         ] : 

The  petition  of  ,  of  the  town  of  ,  in  the  county  of  , 

respectfully  shows :  * 

I.  That  she  is  the  widow  of  0.  B.,  late  of  said  town,  deceased,  who  died 
on  the        day  of  ,  18    . 

n.  That  the  said  0.  B.,  at  the  time  of  his  death,  and  previous  thereto, 
was  seized  in  fee  [or  descrihe  other  inheritance']  of  and  in  certain  lands  and 
tenements  hounded  and  described  as  follows  [here  insert  description]. 

III.  That  the  said  0.  B.  left  him  surviving  0.  B.,  jr.,  D.  B.  and  G.  B., 
his  children  and  heirs  at  law,  of  whom  the  first  named  is  of  full  age,  and 
the  others  are  minors  of  the  age  of  fourteen  years  and  upwards  [state  also 
whether  the  minors  have  any  guardian,  and  if  they  have,  who  he  is\,  all  of 
which  said  heirs  at  law  are  the  owners  of  the  said  lands,  subject  to  the 
dower-right  of  your  petitioner. 

Wherefore,  your  petitioner  prays  that  the  dower  of  your  petitioner  in 
the  said  lands  may  be  admeasured  pursuant  to  the  statute. 

[Date.l  [Signature.] 

776.   Yerifieation  of  Foregoing  Petition. 

COTINTT  OF 

A.  B.  being  sworn,  says  that  she  has  read  the  foregoing  petition  by  her 
subscribed,  and  knows  the  contents  thereof,  and  that  the  same  is  true,  ex- 
cept as  to  the  matters  therein  stated  on  information  and  belief,  and  as  to 
those  matters  she  believes  it  to  be  true. 

SwoBN  before  me,  this        day )  [Signature^ 

of  ,  18    .  y 

\Signature  and  title  of  officer.] 

777.  Notice  hy  Heirs  Requiring  Widow  to  Demand  Dower. 

To  A.  B.,  widow  of  0.  B.,  late  of  the  town  of  ,  deceased : 

Take  notice,  that  you  are  required,  within  ninety  days  after  the  service  of 

this  notice,  to  make  demand  of  your  dower  in  the  lands  below  described, 

which  were  owned  by  the  said  0.  B.  previous  to  and  at  the  time  of  his 

death. 

The  said  lands  are  as  follows :  \here  insert  description?^ 

[Date.]  [Signature.] 

778.  Petition  iy  Reir  or  Owner  for  th^  AdmeoMirement  of  Dower. 

[As  in  Form  775  to  the  *  continuing  thus :] 

I.  That  your  petitioner  is  one  of  the  heirs  at  law  of  0.  B.,  deceased,  late 
of  ,  who  died  on  the        day  of  ?  18     ,  leaving  your  petitioner 

and  his  only  heirs,  and  A.  B.  his  widow  surviving  him. 

II   That  during  his  lifetime  and  the  coverture  of  said  A.  B.,  C.  B.  was 


404  ABBOTTS'  FORMS. 


Dower. 


seized  in  fee  [or  designate  other  estate  of  inheritance]  in  lands  situated  in 
County,  which  are  bounded  and  described  as  follows  [desc7'iption\ 
in  which  said  A.  B.  claims  dower. 

III.  That  all  the  said  heirs  are  of  full  age  [or  state  who  are  minors,  and 
whether  they  have  a  gunrdian,  naming  him], 

IV.  That  the  said  A.  B.  has  not  demanded  her  dower  therein,  although 
one  year  after  her  husband's  death  has  elapsed  [or,  although  on  the  day 
of  1  18  ,  your  petitioner  gave  to  said  A.  B.  notice  in  writing,  pur- 
suant to  the  statute,  requiring  her  to  demand  her  dower  in  said  lands]. 

Wherefore,  your  petitioner  prays  for  the  admeasurement  of  her  dower, 
pursuant  to  the  statute, 
.    [Signature  and  verification,  as  above.'\ 

779.  Notice  of  Application  for  Dower,  To  Be  Served  With  Copy  Petition.{li) 

To  [naming  owners],  and  to  all  other  persons  claiming  an  interest  in  the 
lands  set  forth  in  the  within  petition  [or,  if  the  application  he  hy 
the  owners,  say :  To  A.  B.,  widow  of  0.  B.,  deceased]  : 
Take  notice,  that  a  petition,  of  which  a  copy  is  annexed,  will  be  presented 
to  the  Supreme  [or.  County]  Court  [or,  to  the  surrogate]  in         County,  at  the 
next  term  thereof,  to  beheld  at  ,  on  the        day  of 

[Date.]  [Signature.] 

780.  Petition  for  Appointment  of  Guardian. 

To  the  Supreme  Court  [or.  County  Court  of  County ;  or,  to  the  surro- 

gate of  County] : 

The  petition  of  G.  B.  respectfully  shows,  that  he  is  an  infant  of  the  age  of 
years ;  that  A.  B.,  widow  of  C.  B.,  has  served  on  your  petitioner  her 
notice  of  application  for  the  admeasurement  of  her  dower  in  the  lands  of 
which  the  said  C.  B.  died  seized ;  that  your  petitioner  has  no  general  or 
special  guardian ;  and  he  tlierefore  prays  that  some  suitable  person  may  bo 
appointed  the  special  guardian  of  your  petitioner,  to  take  charge  of  his  in- 
terest in  the  premises. 

[Signature  and  verification,  as  above.] 

781.  Order  Appointing  Guardian. 

At  a  special  term  of  the  Supreme  Court  of 
the  State  of  New  York  [or,  at  a  term  of  the 
County  Court  of  County,  or,  in.  the 

Surrogate's  Court  of  the  County  of  ], 

held  at  the  City  llaU  in  the  city  of 
[Date,  and  name  and  title  of  judge]. 


In  the  Matter  of  the 
Application  of  C 
Admeasurement  of 


jf  the  ) 
.  B.  for  [ 
f  Dower. ) 


(ft)  The  notice  must  be  iu  writing.    Matter  of  Cooper,  15  Johnt.,  632. 


DOWER.  405 

Admeasurement. 


On  reading  and  filing  petition  of  G.  B.,  dated  the        day  of  ,  *  and 

on  motion  of  ,  for  said  petitioner :  Oedeeed,  that  ,  a  freeholder 

of  said  county,  be,  and  he  hereby  is,  appointed  guardian  of  the  said  G.  B. 
for  the  sole  purpose  of  appearing  for  and  taking  care  of  the  interest  of  said 
infant  in  the  proceedings.  [Signature  of  judge  or  cleric.'] 

782.   Order  for  Admeasurement  of  Dower. 

[As  in  preceding  form  to  the*,  continuing  thus:]  with  proof  of  service 
of  a  copy  of  the  same  on  all  parties  interested  in  the  premises  described 
therein  [or,  on  "the  widow  therein  named],  together  with  proof  of  service  of 
notice  of  this  motion  ;  on  motion  of  ,  for  the  said  [petitioner],  and 

after  hearing  [or,  no  one  appearing]  for  :    Oedeeed,  that 

admeasurement  be  made  of  the  dower  of  the  said  A.  B.,  in  the  lands  of  her 
husband,  the  said  C.  B.,  deceased,  described  in  said  petition,  as  follows : 
[here  insert  description] ;  and  it  is  further  ordered,  that  Q.  E.,  S.  T.  and 
U.  v.,  of  the  town  of  ,  in  the  county  of  ,  three  reputable 

and  disinterested  freeholders,  be  and  they  are  hereby  appointed  commis- 
sioners for  the  purpose  of  making  such  admeasurement,  and  that  they 
report  their  proceedings  herein  to  this  court  [on  the  day  of  , 

18    ].(c)  [Signature  of  judge  or  clerh] 

783.   Oath  of  Commissioners. 

CoxraTY  OF  ,  ss. 

We  [naming  them],  commissioners  appointed  by  the  Court,  to  make 

admeasurement  of  the  dower  of  A.  B.,  in  the  premises  described  in  the 
order  of  said  court,  by  which  we  are  appointed,  being  duly  severally  sworn 
say,  each  for  himself,  that  he  will  faithfully,  honestly  and  impartially  dis- 
charge the  duty  and  execute  the  trust  reposed  in  him  by  such  appointment. 

SwOEN  [etc.,  as  in  Form  776].  [Signatures.] 

784.  Report  of  Commissioners. 

To  the  Court :  The  undeesigned  [naming  them],  commissioners 

appointed  by  an  order  of  this  court,  dated  the  day  of  ,  18    , 

to  make  admeasurement  of  the  dower  of  A.  B.,  widow  of  0.  B.,  late  of  said 
county,  deceased,  in  the  lands  described  in  said  order,  respectfully  report, 
that  we  have  been  attended  by  the  said  [naming  the  parties  who  appeared] ; 
we  have  caused  a  survey  of  the  said  lands  and  premises  to  be  made  in  the 
presence  of  the  said  parties,  a  map  of  which  survey  is  hereto  annexed ;  that 
we  proceeded  to  admeasure  and  lay  off  the  one-third  part  of  the  lands 
designated  in  said  order,  as  the  dower  of  A.  B.,  named  therein,  designating 
such  part  with  posts  [or,  with  stones ;  or,  with  permanent  monuments] ; 
and  in  doing  so,  we  took  into  view  the  permanent  improvements  made  on 

(c)  Where  the  order  appointing  the  confirm  their  report  is  necessary.  The 
adme^surers  specifies  the  time  when  they  order  is  in  the  nature  of  an  adjournment, 
flhall  report,  no  other  notice  of  motion  to    White  v.  Story,  2  EiU,  543. 


406  ABBOTTS'  FORMS. 


Entries  and  Manifests.  Estrays. 

the  said  lands  by  any  heir,  guardian  of  minors  or  other  owners  since  the 
death  of  [oi;  since  the  alienation  thereof  by]  0.  B.,  the  deceased,  the 
husband  of  the  said  A.  B.,  and  we  found  it  practicable  [or,  not  practicable] 
to  award  such  improvements  within  that  part  of  the  said  lands  not  allotted 
to  the  said  A.  B.  [If  reported  not  practicable,  add:  and,  therefore,  we 
made  from  the  lands  allotted  to  the  said  A.  B.  a  deduction  proportionate  to 
the  benefit  she  wiU  derive  from  such  part  of  the  said  improvements  as  is  in- 
cluded in  the  portion  assigned  to  her.]  We  further  repor*.,  that  we  em- 
ployed ,  a  sworn  and  skilful  surveyor,  with  necessary  assistants,  to 
aid  us  in  making  the  said  admeasurement;  and  we  further  report,  that  the 
land  admeasured  and  allotted  to  the  widow  is  as  follows ;  [here  insert  de- 
gcription,  stating  monuments  thereof.  State  also  the  items  of  the  commis- 
sioners^ charges.] 

Given  under  our  hands  and  seals,  at  ,  on  the        day  of  , 

38    .  [Signatures  and  seals.'] 


CHAPTEE  XXXn. 

ENTRIES   AND   MANIFESTS. 


These  instruments  are,  in  form,  large  schedules,  exhibiting  the  packages, 
marks,  contents,  quantity,  values,  etc.,  etc.,  of  merchandise,  etc.,  to  be  imported 
or  exported.  As  they  cannot  be  conveniently  exhibited  on  these  pages,  and 
are  rarely,  if  ever,  needed,  except  at  ports  of  entry,  where  printed  blanks  can 
be  obtained,  we  do  not  give  them  here. 


CHAPTEE   XXXIIl. 

:  ESTRAYS. 

The  statutes  of  the  States  generally  provide  for  simple  proceedings  for  dis- 
posing of  straying  domestic  animals,  if  unreclaimed  after  notice.  The  follow- 
ing forms  are  agreeable  to  the  laws  of  New  York,  and  will  prove  convenient 
guides  elsewhere. 

FAea 

785.  N  jtice  to  be  delivered  to  town  clerk 407 

786.  Notice  of  sale 407 

787.  Certificate  of  fence-viewer % 407 

788.  Notice  of  sale  of  animals  straying  on  the  highway 407 


ESTRAYS.  407 

Notice  of  Sale. 


785.  Notice  to  ie  Delivered  to  Town  Clerk. 

To  whom  it  may  concern : 

Take  notice,  that  on  the  day  of  ,  18    [here  deseriie  the 

animal,  giving  the  age,  color  and  marks,  natural  and  artificial,  as  near  as 
may  be^,  strayed  upon  uiy  inclosed  lands  in  this  town,*  and  the  owner  is 
required  to  appear  and  claim  them.  \_Signature,  designating 

[Date.]  [also  abode.] 


786.  Notice  of  Sale  of  Estr ay. 

[As  in  preceding  form  to  the  *,  con  tinning  thus :]  and  the  same  not  hav- 
ing been  redeemed  by  the  owner  thereof:  Now,  pursuant  to  the  statute,  I 
shall  expose  the  same  for  sale  by  public  auction,  to  the  highest  bidder,  on 
the  day  of  ,  at        o'clock  in  the         noon,  at  ,  in  said 

town  of  .  [Signature.] 

[Date.] 

787.  Certificate  of  Fence-  Viewer. 

The  undeesigned  M.  N.,  fence-viewer  of  the  town  of  ,  hereby 

certifies,  after  due  inquiry,  that  A.  B.  is  entitled  to  receive  from  the  owner 
of  the  [designate  strays]  which  came  upon  his  inclosed  lands  in  said  town, 
on  the  day  of  >  18    ,  the  sum  of         .  dollars  as  his  reason- 

able charges  for  keeping  the  same  from  the  day  of  ,  18    ,  to 

the  day  of  ,  18     ;  and  that  my  fees  in  this  matter  amount 

to  dollars.  [Signature  of]  Fence- Viewer. 

[Date.] 

788.  Notice  of  Sale  of  Animals  Straying  on  the  Highway. 

To  whom  it  may  concern  : 

Take  notice,  that  on  the  day  of  ,18      [here  describe  the 

animal],  was  seized  and  taken  by  A.  B.,  being  found  by  him  running  at 
large  in  the  public  highway,  opposite  to  land  owned  [or,  occupied]  by  him 
in  the  town  of  ,  and  county  of  ,  and  State  of  ,  con- 

trary to  the  provisions  of  the  "  Act  to  prevent  animals  running  at  large  in 
the  public  highways,"  passed  April  23, 1862 ;  and  due  notice  of  such  seizure 
having  been  given  by  him  to  the  subscriber,  a  justice  of  the  peace  [or,  a 
commissioner  of  highways]  of  said  town,  and  in  accordance  with  said  act, 
notice  is  hereby  given,  that  said  animal  will  be  sold  by  public  auction,  to 
the  highest  bidder,  at  ,  in  said  town,  on  the  day  of  , 

18    ,  at        o'clock  in  the  noon. 

[Date.]  [Signature  and  title.] 


408  ABBOTTS'  FORMS. 


Excise. 


CHAPTEE  XXXrV. 
EXCISE. 

The  forms  here  given  are  those  which  are  in  use  under  the  Excise  Laws  of 
New  York.  The  forms  necessary  in  obtaining  licenses  under  the  provisions  of 
the  Internal  Revenue  Laws  of  the  United  States,  may  be  had  on  application  to 
the  Assessors  of  Internal  Revenue. 

FAOX 

789.  Storekeeper's  application  for  a  license 403 

790.  Certincate  to  character 408 

791.  Storekeeper's  bond 408 

792.  Justification  of  sureties 409 

798.  Acknowledgment 409 

794.  Storekeeper's  license '. 409 

795.  Innkeeper's  petition 410 

796.  Proof  of  signatures 410 

797.  Innkeeper's  bond 410 

798.  Innkeeper's  license 411 


789.  Storekeeper's  Applicaton  for  a  License. 

To  the  Board  of  Oommisaioners  of  Excise,  of  the  [city  and]  county  of 

The  undersigned,  being  a  resident  of  the  [city  and]  county  of  ,  and 

a  storekeeper  doing  business  at  No.        in  street,  in  said  city,  applies 

for  a  license  to  sell  strong  and  spirituous  liquors  and  wines,  in  quantities 
less  than  five  gallons,  but  not  to  be  drank  in  the  house  or  shop,  or  in  any 
outhouse,  yard  or  garden  appertaining  thereto,  or  connected  therewith,  in 
the  said  house  above  named.  [Signature.'] 

[DaU.] 

790.  Cei'tificate  to  Character. 

I  AM  acquainted  with  the  above-named  applicant,  and  believe  him  to  be 
a  person  of  good  moral  character.  [Signature.'] 

791.  Storekeeper'' 8  Bond. 

Know  aix  men  by  these  presents,  that  we  [naming  applicant  and  sureties, 
with  their  additions],  are  held  and  firmly  bound  unto  the  People  of  the 
State  of  New  York,  each  in  the  sum  of  five  hundred  dollars,  for  the  uses, 
intents  and  purposes  declared  and  appointed  by  the  12th  Section  of  an  Act 
of  the  Legislature  of  the  State  of  New  York,  entitled  "  An  Act  to  suppress 
intemperance,  and  to  regulate  the  sale  of  intoxicating  liquors,"  passed  the 
16th  day  of  April,  1857,  for  which  payment  well  and  truly  to  be  made,  we 
do  bind  ourselves,  jointly  and  severally,  firmly  by  these  presents.    Sealed 


EXCISE.  409 

Bonds.  Licenses. 

with  our  seals,  and  dated  the        day  of  ,  one  thousand  eight  hundred 

and 

The  condition  of  the  ahove  obligation  is  such,  that  if  the  said  [naming 
applicant]  will  not,  during  the  term  for  which  his  license  shall  be  granted, 
sell  or  suffer  to  bo  sold,  any  strong  or  spirituous  liquors  or  wines,  to  be 
drank  in  his  shop  or  house,  or  in  any  outhouse,  yard  or  garden  appertain- 
ing thereto,  and  that  he  will  not  suffer  any  such  liquor,  sold  by  virtue  of 
such  license,  to  be  drank  in  his  shop  or  house,  or  in  any  outhouse,  yard  or 
garden  belonging  thereto,  then  the  above  obligation  to  be  void ;  otherwise, 
to  remain  in  full  force  and  virtue. 

Sealed  and  delivered  )  [Signatures  and  seals.] 

in  the  presence  of,  ) 
[Signature  of  witness.] 

792.  Justification  of  Sureties, 
State  of  New  York,  ) 

r   88 

City  and  County  of  New  York.  ) 

M.  N.,  one  of  the  subscribers  to  the  foregoing  bond,  being  sworn,  says, 
that  he  is  a  resident  and  householder  [o?',  freeholder]  within  this  State,  and 
is  worth  the  sum  specified  by  him  in  the  foregoing  bond,  over  all  his  debts 
and  liabilities,  and  exclusive  of  property  exempt  by  law  from  execution. 

SwoKN  before  me,  this)  [Signature.] 

day  of  ,  18     . ) 

[Signature  of  officer.] 

793.  AcJcnowledgment. 

State  of  New  York,  ) 

City  and  County  of  New  York,  j 

I  certify,  that  on  this         day  of  »  18    ,  before  me  personally 

appeared  the  above-named  [naming  obligors]  known  to  me  to  be  the  individ- 
uals described  in,  and  who  executed  the  foregoing  bond,  and  severally 
acknowledged  that  they  executed  the  same  for  the  uses  and  purposes  therein 
mentioned.  [Signature  of  officer.] 

794.  Storekeeper's  License. 

Excise  License, 
186. 

The  Commissionees  of  Excise,  for  the  [city  and]  county  of  ,  whose 

names  are  hereunto  subscribed,  having  examined  the  application  of  A.  B., 
of  No.        in  street,  in  said  ,  and  it  satisfactorily  appearing,  by 

the  said  application,  that  he  is  of  good  moral  character,  do  hereby  grant  to 
him  a  license  to  sell  strong  and  spirituous  liquors  and  wines,  in  quantities 
less  than  five  gallons,  but  not  to  be  drank  in  his  shop,  house,  outhouse, 
yard  or  garden,  on  the  premises  above  mentioned,  according  to  the  act  of 
the  Legislature  of  the  State  of  New  York,  passed  ItJth  April,  1857,  entitled 
too.  "Act  to  suppress  intemperance,  and  to  regulate  the  sale  of  intoxicating 


410  ABBOTTS'  FORMS. 


Innkeepers'  Licenses. 


Hquors,"  trom  the  date  hereof  until  this  license  shall  expire  by  operation  of 
law,  or  be  revoked  for  a  violation  of  the  provisions  of  the  aforesaid  act. 

1^^  The  application  for  a  new  license  must  be  made  immediately  after 
the  third  Tuesday  of  May  next. 

In  testimony  whkkeof,  we  have  subscribed  our  names,  on  this  day 

of  ,  18    .  [Signatures.] 

(Storekeeper's  license ;  Bond,  No.      .) 


795.  Innkeeper's  Petition. 

To  the  Board  of  Commissioners  of  Excise  in  the  [city  and  county]  of 

The  undersigned  petitioners,  each  for  himself,  declares  that  he  is  a  freo 
holder  of  the  State  of  New  York,  and  a  resident  of  the  election  district  in 
the  city  of  ,  wherein  [here  name  applicant],  of  No.  street, 

the  applicant,  proposes  to  keep  an  inn,  tavern  or  hotel ;  and  that  the  said 
applicant  is  of  good  moral  character ;  that  he  has  sufficient  ability  to  keep 
an  inn,  tavern  or  hotel,  and  the  necessary  accommodations  to  entertain 
travellers,  and  that  an  inn,  tavern  or  hotel  is  required  for  the  actual  accom- 
modation of  travellers  at  the  place  where  the  said  applicant  resides  or  pro- 
poses to  keep  the  same. 

And  these  petitioners  declare,  each  for  himself,  that  he  has  not  signed  a 
petition  for  any  other  applicant  for  a  license  under  this  law. 

Your  petitioners,  therefore,  pray  that  a  license  be  granted  to  the  said 
applicant  to  sell  strong  and  spirituous  liquors  and  wines,  to  be  drank  in  his 
house,  and  on  the  premises  of  the  said  applicant,  under  the  act  of  the  Legis- 
lature of  the  State  of  New  York,  passed  April  16,  1857,  entitled,  "An  Act 
to  suppress  intemperance,  and  to  regulate  the  sale  of  intoxicating  liquors." 

[Date.]  [Signatures  of  petitioners.] 

Signed  in  presence  of 
[Signature  of  ioitness.} 

796.  Proqf  of  Signatures. 

County  op  ,  ss. 

M.  N.  being  duly  sworn,  says  that  he  resides  at  No.         in  street, 

in  ;  that  he  is  the  subscribing  witness  to  the  above  petition,  and 

that  the  same  was  duly  signed  by  the  above  petitioners. 

SwoEN  [etc.^  as  in  Form  792].  [Signature  of  witness.] 


797.  Innkeeper's  Bond. 

Know  all  men  by  these  presents,  that  we  [naming  applicant  and  sure- 
ties,  with  their  additions],  are  held  and  firmly  bound  unto  the  People  of  the 
State  of  New  York,  each  in  the  sura  of  two  hundred  and  fifty  dollars,  for 
the  uses,  intents  and  purposes  declared  and  appointed  by  the  7th  section  of 
an  act  of  the  Legislature  of  the  State  of  New  York,  entitled,  "An  Act  to 
suppress  intemperance,  and  to  regulate  the  sale  of  intoxicating  liquors," 
passed  the  16th  day  of  April,  1867,  for  which  payment,  well  and  truly  to  be 


EXCISE.  411 

Innkeepers'  Licenses. 


made,  we  do  bind  ourselves,  jointly  and  severally,  firmly  by  these  pres- 
ents. 

Sealed  with  our  seals,  and  dated  the  day  of  ,  one  thousand 

eight  hundred  and 

The  condition  of  the  above  obligation  is  such,  that  if  the  said  [naming 
applicant]  will  not,  during  the  time  that  he  shall  keep  an  inn,  tavern  or 
hotel,  at  No.  in  street,  in  the  city  of  ,  suffer  the 

said  inn,  tavern  or  hotel  to  be  disorderly,  or  suffer  any  gambling,  or  keep  a 
gambling- table  of  any  description  within  the  inn,  tavern  or  hotel  so  kept 
by  him,  or  in  any  outhouse,  yard  or  garden  belonging  thereto,  then  the 
above  obligation  to  be  void ;  otherwise,  to  remain  in  full  force  and  virtue. 

Sealed  and  delivered  in }  [Signatures  and  seals.] 

the  presence  of        \ 
[Signature  of  witness.] 

[Justification  a/nd  acJcnowledgment,  as  in  Forms  792  and  793.] 
798.  InnTceeper's  License. 

BX0I8E    LICENSE, 

186. 

The  Coatmissionees  of  Excise  for  the  [city  and]  county  of  ,  whose 

names  are  hereunto  subscribed,  having  examined  the  petition  of  A.  B.,  of 
No.  in  street,  in  said  ,  and  it  satisfactorily  appear- 

ing by  the  said  petition  that  he  is  of  good  moral  character;  that  he  haa 
sufiicient  ability  to  keep  an  inn,  tavern  or  hotel,  and  the  necessary  accom- 
modations to  entertain  travellers,  and  that  an  inn,  tavern  or  hotel  is  re- 
quired for  the  actual  accommodation  of  travellers  at  the  place  where  he 
proposes  to  keep  the  same,  do  hereby  grant  a  license  to  sell  strong  and 
spirituous  liquors  and  wines,  to  be  drank  in  his  house  and  on  his  premises 
above  mentioned,  according  to  the  act  of  the  Legislature  of  the  State  of 
New  York,  passed  16th  April,  1857,  entitled,  "An  Act  to  suppress  intem- 
perance, aud  to  regulate  the  sale  of  intoxicating  liquors,"  from  the  date 
hereof  until  this  license  shall  expire  by  operation  of  law,  or  be  revoked  for 
a  violation  of  the  provisions  of  the  aforesaid  act. 

1^"  The  application  for  a  new  license  must  be  made  immediately  after 
the  third  Tuesday  of  May  next. 

In  testimony  wheeeof,  we  have  subscribed  our  names,  on  this  day 

of  ,  18    .  [Signatures.] 

(Innkeeper's  license,  Bond,  No.  .) 


412  ABBOTTS'  FORMS. 


Extradition  of  Criminals. 


CHAPTER   XXXV. 

EXTRADITION. 

The  Constitution  of  the  United  States  provides  that  a  person  charged  in  any 
State  with  treason,  felony,  or  other  crime,  who  shall  flee  from  justice,  and  be 
found  in  another  State,  shall,  on  demand  of  the  executive  authority  of  the  State 
from  which  he  fled,  be  delivered  up,  to  be  removed  to  the  State  having  juris 
diction  of  the  crime.(a) 

The  mode  of  proceeding  to  effect  this  surrender  is  regulated  by  the  law  of 
the  State  in  which  it  is  sought  to  arrest  the  offender  and  have  him  delivered 
up. 

In  respect  to  fugitives  from  foreign  countries,  the  law  of  nations  requires 
that  persons  charged  with  felony  or  other  high  crimes,  and  escaping  into  for- 
eign and  friendly  jurisdictions,  should  be  delivered  up  upon  suflUcient  evidence 
of  their  guilt  (6) 

This  right  is  in  some  cases  declared  and  extended  by  treaty  stipulations — e. 
g.,  the  treaties  of  the  United  States  with  Great  Britain  and  with  France,  re- 
spectively. 

But  in  either  case  the  proceeding  is  a  judicial  one,  to  be  effectuated  through 
the  tribunals  of  justice,  and  is  not  to  be  carried  out  by  the  executive  authority 
upon  the  mere  provision  of  the  treaty,  imless  power  be  given  to  that  depart- 
ment by  law.(<5) 

The  act  of  1848  was  passed  to  provide  for  the  due  execution  of  the  extradi 
tion  treaties  with  Great  Britain  and  France.((?) 

By  its  provisions,  the  judges  of  the  Supreme  Court  and  those  of  the  District 
Courts  of  the  United  States,  and  judges  of  the  several  State  courts,  and  also 
commissioners  appointed  for  the  purpose  by  any  of  the  courts  of  the  United 
States,  are  severally  vested  with  power  and  jurisdiction  to  act,  on  complaint 
made  under  oath,  charging  a  person  with  having  committed  any  of  the  crimes 
enumerated  within  the  foreign  jurisdiction ;  and  to  issue  a  warrant  for  the  ap- 
prehension of  the  person  charged,  so  that  he  may  be  brought  before  such  judge 
or  commissioner,  to  the  end  that  the  evidence  of  criminality  may  be  heard  and 
considered  ;  and  if  it  be  deemed  sufficient  to  sustain  the  charge  under  the  pro- 
visions of  the  treaty,  then  it  is  made  the  duty  of  the  judge  or  commissioner  to 
certify  the  fact  of  sufficiency,  together  with  a  copy  of  all  the  testimony  taken 
before  him,  to  the  secretary  of  state,  so  that  a  warrant  may  issue  by  the  execu- 
tive, on  the  requisition  of  the  foreign  government,  through  its  proper  author- 
ities, for  the  surrender  of  the  fugitives.  And  the  person  charged  is  to  be  com- 
mitted to  jail,  and  there  remain  under  the  warrant  of  the  judge  or  commis- 
sioner until  the  surrender  shall  be  made.le) 

PAOX 

799.  Affidavit  to  arrest  fugitive  from  another  State 418 

600.  Warrant  by  the  governor,  for  surrender 413 

801.  Commitment  by  United  States  commissioner,  under  extradition  treaty 414 

602.  Warrant  by  secretary  of  state,  for  extradition 414 


(o)  Const.,  art.  4,  sec.  2,  parag.  2.  Matter  of  Metzger,   5  N.    Y.  Leg.   Obt.^ 

lb)  Matter  of  Washburn,  4  Joh/is.  CL,  83. 

106;  Matter  of  Clark,  9  Wend.,  212.  {d)  9  Stat,  at  L.,  802. 

(e)   Matter  of  Metzger,  1  Barb.,  248  ;  (e)  See  in  re  Kaine,  14  Bote.  S,  Ct,,  108 


EXTRADITION".  413 


Governor's  Warrant. 


799.  Affidavit  to  Arrest  Fugitive  from  AnotTier  State. 
County  of  ,  as. 

A.  B.,  of  ,  being  duly  sworn,  says: 

I.  That  Y.  Z.  is  a  fugitive  from  justice  from  the  State  of  ,  where 
he  stands  charged  on  oath  with  felony,  committed  in  that  State(/) — viz. 
[here  set  forth  the  crime,  and  if  there  is  any  douht  about  its  being  a  felony 
or  other  crime  at  common  law,  add :  which  said  acts  are  by  the  law  of  the 
said  State  of            a  felony ;  or,  a  crime]. 

II.  That  said  charge  was  made  on  or  about  the  day  of  by  {here 
state  how  made],  before  the  [hei'e  designate  court  or  magistrate;  and  if  con- 
venient annex  a  copy  of  the  charge,  and  say  here :  a  copy  of  which  is  hereto 
annexed]. 

III.  That  the  said  Y.  Z.  has  fled  from  the  said  State  last  aforesaid,  and 
has  taken  refuge  in  this  State  of  ,  from  the  laws  and  ju.stice  of  the 
State  of 

Ajstd  deponent  prats  that  the  said  Y.  Z.  may  be  arrested  and  held  in 
custody  by  the  proper  authorities  of  this  State  of  until  the  proper 

authorities  of  the  said  State  of  shall  have  sufficient  time  to  require, 

in  manner  and  form  as  the  law  directs,  the  body  of  said  Y.  Z.  from  the  ex- 
ecutive and  authorities  of  the  State  of  ,  and  until  the  said  executive 
of  said  last  above-named  State  shall  make  his  warrant  for  the  surrender  of 
the  body  of  said  Y.  Z.,  to  the  end  that  he  may  be  taken  to  the  State  of 
and  dealt  with  as  law  and  justice  shall  require. 

Sworn  before  me,  this        day )  [Signature  of  deponent.] 

of  ,  18    .  f 

[Signature  and  title  of  officer.] 


800.   Warrant  by  the  Governor,  for  Surrender. 

A.  B.,  QOVEENOE  of  the  State  of  ,  to  the  sheriff  of  the  city  and  county 

of  ,  and  the  sheriffs,  constables  and  other  peace-officers  of  the 

several  counties  in  the  said  State : 
"Whereas  it  has  been  represented  to  me  by  the  governor  of  the  State  of 
that  Y.  Z.,  late  of  ,  in  the  said  State,  has  been  guilty  of  frauds 

[here  designate  the  crime — e.  g.,  thus:]  in  abstracting  from  the  Bank, 

in  that  State,  money,  notes  and  bank-bills,  while  president  of  said  bank,  in  a 
fraudulent  manner,  which  said  acts  are  made  criminal  by  the  laws  of  that 
State ;  and  that  he  has  fled  from  justice  in  that  State,  and  has  taken  refuge 
in  the  State  of  ;  and  that  said  governor  of  has,  in  pursuance  of 

the  laws  and  constitution  of  the  United  States,  demanded  of  me  that  I 
should  cause  the  said  Y.  Z.  to  be  arrested  and  delivered  into  the  custody 
of  ,  sheriff  of  the  county  of  ,  in  said  State,  who  is  duly  author- 

ized to  receive  him  into  his  custody,  and  to  convey  him  back  to  the  said 

(/)  The  affidavit  should  allege  that  the  felony  was  committed  in  the  State  referred 
to.    Matter  of  Hey  ward,  1  Sand/.,  701. 


414  ABBOTTS'  FOKMS. 


Extradition  of  Foreign  Criminals. 


State  of  ;  and  whereas  the  said  representation  and  demand  is  accom- 

panied by  an  affidavit  taken  before  a  justice  of  the  peace  of  the  said  State 
of  ,  whereby  the  said  Y.  Z.  is  charged  with  the  said  crime,  which  affi- 

davit is  certified  by  the  said  governor  of  to  be  duly  authenticated : 

You  AEK  THEEEFOBK  EEQtiiEED  to  arrcst  the  Said  Y.  Z.  wherever  he  may  be 
found  within  the  State,  and  to  deliver  him  into  the  custody  of  the  said  , 

to  be  taken  back  to  the  said  State  from  which  he  fled,  pursuant  to  the  said 
requisition. 

GrvKN  under  my  hand  and  the  privy  seal  of  the  State,  at  the  city 
[Seal.]         of  ,  this        day  of  ,  in  the  year  one  thousand  eight 

hundred  and  .  [Signature  of  governor.] 

801.  Commitment  by  United  States  Commissioner^  Under  Extradition  Treaty, 

United  States  of  America,  District  of  ,  ss.    In  the  Matter  of 

This  cask  having  been  heard  before  me,  on  requisition,  through  A.  B., 
esquire,  consul  for  at  the  port  of  ,  that  the  said  Y.  Z.  be  com- 

mitted for  the  purpose  of  being  delivered  up,  as  a  fugitive  from  justice,  pur- 
suant to  the  provisions  of  the  treaty  made  between  the  United  States  and 
Great  Britain,  August  9,  1842,  I  find  and  adjudge  that  the  evidence  pro- 
duced against  the  said  Y.  Z.  is  sufficient  in  law  to  justify  his  commitment 
on  the  charge  of  ,  had  the  crime  been  committed  within  the  United 

States.     Wherefoee,  I  order  that  the  said  Y.  Z.  be  committed  pursuant  to 
the  provisions  of  the  said  treaty,  to  abide  the  order  of  the  President  of  the 
United  States  in  the  premises. 
Given  under  my  hand  and  seal,  at  ,  this        day  of  ,  18    . 

[Signature,  title  and  seal.] 

802.   Warrant  ly  Secretary  of.  State,  for  Extradition. 

Department  of  State,  Washington,  ,18      .To  all  to  whom  these 

presents  shall  come,  greeting : 
"Wheekas  [here  insert  name  and  title  of  applicant]  has  made  requisition, 
in  conformity  with  the  10th  article  of  the  treaty  between  the  United  States 
and  Great  Britain,  for  the  mutual  surrender  of  fugitive  criminals,  concluded 
at  Washington,  the  9th  day  of  August,  1842,  for  the  delivery  up  to  justice 
of  Y.  Z.,  charged  with  the  crime  of  [designate  it],  committed  in 
And  whereas  the  said  Y.  has  been  found  in  the  State  of  ,  within  the 

jurisdiction  of  the  United  States,  and  has,  by  proper  affidavit,  and  in  due 
form,  been  brought  before  M.  N.,  a  commissioner  duly  appointed  by  the 
United  States  Circuit  Court  for  the  district  of  ,  in  the  circuit, 

for  examination  of  said  charge  of  .    And  whereas  the  said  commis- 

sioner has  deemed  the  evidence  sufficient  to  authorize  the  commitment  of 
said  Y.  Z.,  and  has  accordingly  committed  him,  all  of  which  appears  by  a 
copy  of  the  proceedings  transmitted  to  this  department :  Now  these  pees- 
ENTS  are  to  require  of  the  United  States  marshal  for  the  district  of  , 

or  of  any  other  public  officer  or  person  having  charge  or  custody  of  said 
Y.  Z.,  to  surrender  and  deliver  him  up  to  ,  consul  for  at  the 


FENCES  AND  FENCE-VIEWEES.  415 

Decision  as  to  Division  Fence. 

port  of  ,  or  to  any  other  person  or  persons  duly  authorized  to  receive 

said  fugitive,  and  conduct  him  to  for  trial. 

In  testimony  wheeeof,  I  have  hereunto  signed  my  name,  and 
[Seal.]       caused  the  seal  of  this  department  to  be  aflBxed,  at  Washing- 
ton, this        day  of  >  18    ,  and  of  the  independence  of 
the  United  States  the  .  [Signature.'] 


CHAPTER  XXXYL 
FENCES  AND  FENCE- VIEWERS. 

The  statutes  of  several  of  the  States  give  a  summary  mode  of  determining 
controversies  arising  out  of  the  necessity  for  division  fences  or  walls  between 
the  adjoining  lands  of  different  owners.  Certain  local  officers — in  the  State  of 
New  York  for  instance,  the  assessors  and  commissioners  of  highways  in  each 
town,  who  are  designated,  when  acting  in  tliis  function,  as  "  fence-viewers" — 
are  empowered  to  decide  aato  the  sharing  of  the  expenses  of  fences,  and  damages 
from  neglect  to  repair  them.  For  the  details  of  the  powers  of  these  officers 
the  statutes  of  the  State  must  be  consulted. 

The  same  officers  are  also,  in  some  cases,  authorized  to  determine  questions 
of  damage  done  by  cattle,  etc. 

803.  Decision  offence-viewers  as  to  value  of  fence,  and  portion  to  be  maintained 

by  an  owner  who  has  previously  let  his  lands  lie  open 415 

804.  Decision  as  to  proportion  of  division  fence  to  be  maintained 416 

805.  Appraisement  of  damage  where  one  owner  has  neglected  to  keep  his  fence 

in  repair 416 

806.  Notice  of  wish  to  remove  portion  of  division  fence 416 

807.  Permit  by  fence-viewers 416 

808.  Appraisement  of  damage  by  cattle 417 

809.  Certificate  that  sheep  were  killed  by  dogs 417 

803.  Decision  of  Fence- Viewers  as  to  Value  of  Fence,  and  Portion  to  he 
Maintained  by  an  Owner  who  Previously  has  Let  his  Lands  Lie  Open. 

Whereas,  A.  B.  and  Y.  Z.  are  the  owners  of  certain  a^oining  lands  in 
the  town  of  ,  and  the  said  A.  B.,  on  or  about  the         day  of  , 

18  ,  erected  a  division  fence  between  the  land  belonging  to  him  and  that 
of  the  said  Y.  Z.,  who  allowed  his  own  lands  to  lie  open ;  and  whereas  the 
said  Y.  Z.  has  recently  inclosed  the  land  belonging  to  him,  and  a  disagree- 
ment has  arisen  between  them  as  to  the  just  proportion  of  the  value  of  the 
said  division  fence  to  be  paid  for  by  the  said  Y.  Z. ;  We,  having  made  due 
inquiry  into  the  facts  and  circumstances,  and  examined  the  premises,  find 
that  the  following  is  a  correct  description  of  the  fence  built  by  the  said 
A.  B.,  as  aforesaid  Yhere  describe  the  fence] ;  that  the  value  of  the  fence,  at 
the  time  of  erecting  the  same,  was  dollars ;  and  that  the  just  propor- 

tion of  said  value  to  be  paid  by  the  said  Y.  Z.  to  the  said  A.  B.,  is 


416  ABBOTTS'  FORMS. 


Decision  of  Fence- Viewers. 


dollars  [or,  that  the  proportion  of  the  division  fence  which  should  be  built 
by  said  Y.  Z.  is  as  follows  [describing  it] ;  and  we  certify  that  the  fees  for 
our  services  amount  to  dollars. 

Given  under  our  hands,  at  ,  this        day  of  ,  18    . 

[Signatures  and  titles.] 

804.  Decision  as  to  Proportion  of  Division  Fence  to  be  Maintained. 

"Whereas,  A.  B.  and  Y.  Z.  are  the  owners  of  certain  adjoining  lands  in  the 
town  of  ,  and  a  disagreement  has  arisen  between  them  as  to  the  just 

proportions  of  a  division  fence  to  be  built  or  maintained  by  them  respect- 
ively; We,  having  examined  the  facts  and  viewed  the  premises,  decide  that 
said  division  fence  should  be  built  as  follows  [here  describe  the  fence] ;  that 
one  part  of  said  fence  is  the  proper  proportion  thereof  to  be  built  by 
the  said  A.  B. ;  and  that  the  remaining  part  is  the  proper  proportion 
thereof  to  be  built  by  the  said  Y.  Z. ;  and  we  certify  that  the  fees  for  our 
services  amount  to  dollars. 

Given  [etc.,  as  in  the  preceding  form]. 


805.  Appraisement  of  Damage  where  One  Owner  has  Neglected  to  Keep  his 

Fence  in  Repair. 

"Wheeeas  application  has  been  made  to  the  undersigned  by  A.  B.,  the  owner 
of  land  adjoining  the  land  of  Y.  Z.,  in  the  town  of  ,  to  ascertain  and 

appraise  his  damages  arising  in  consequence  of  the  refusal  [or,  neglect]  of 
the  said  Y.  Z.  to  keep  in  repair  [or,  to  build]  his  proportion  of  a  division  fence 
between  the  aforesaid  lands,  we  have  examined  the  facts  and  viewed  the 
premises,  and  after  due  notice  to  said  Y.  Z.,  we  do  decide  and  determine 
that  the  said  A.  B.  has  sustained  damage  to  his  land,  crops,  fruit-trees  and 
shrubbery,  in  consequence  of  the  refusal  [or,  neglect]  of  the  said  Y.  Z.  to 
maintain  [or,  make]  his  proportion  of  such  division  fence,  as  aforesaid, 
which  said  damages  we  have  ascertained,  and  appraise  at  dollars ;  and 

we  certify  that  the  fees  for  our  services  amount  to  dollars. 

Given  [etc.,  as  in  Form  803]. 

806.  Notice  of  wish  to  Remove  Proportion  of  Division  Fence  and  Let  Land 

Lie  Open. 

Please  take  notice,  that  I  shall  apply  to  and  ,  two  of  the 

fence-viewers  of  the  town  of  ,  on  the        day  of  instant,  for 

permission  to  remove  the  division  fence  between  the  land  occupied  by  you 
in  said  town  and  that  owned  and  occupied  by  me,  lying  adjacent  thereto. 

[Date.]  [Signature.] 

[Address.] 

807.  Permit  by  Fence-  Viewers. 

We,  the  undersigned,  two  of  the  fence-viewers  of  the  town  of  , 

hereby  certify,  that  upon  the  application  of  A.  B.,  made  in  accordance  with 


FERRIES.  417 


Fence-Viewers  Appraisal. 


a  notice,  of  which  the  above  is  a  copy,  duly  served  upon  Y.  Z.,  therein 
mentioned,  more  than  ten  days  before  this  day,  we  have  examined  the 
premises  where  the  division  fence  named  in  said  notice  is  situate,  and  do 
determine  tliat  the  same  may,  with  propriety,  be  removed. 
Given  [etc.,  as  in  Form  803]. 


808.  Appraisement  of  Damage  by  Cattle. 

"Wk,  the  undersigned,  two  of  the  fence-viewers  of  the  town  of  , 

hereby  certify,  that  upon  the  application  of  A.  B.,  we  have  examined  into 
the  damages  done  by  [give  the  numler  and  description  of  cattle  as  near  as 
may  5e],  distrained  by  him  doing  damage  on  his  lands,  and  having  viewed 
the  premises  and  ascertained  the  damages,  do  hereby  certify  the  amount  of 
such  damages  to  be  dollars ;  and  that  the  fees  for  our  services  are 

dollars. 

And  a  disagreement  having  arisen  between  the  said  A.  B.  and  Y.  Z.,  the 
owner  of  the  adjoining  land,  touching  the  suflBciency  of  the  fence  along 
[designate  it],  we  having  examined  the  same,  and  heard  the  allegations  and 
proofs  of  the  parties,  certify  that  we  consider  the  said  fence  suflBcient  [or, 
insufficient]. 

Given  [etc.^  as  in  Form  803]. 

809.   Certificate  that  Sheep  were  Killed  hy  Dogs. 

We,  the  undersigned,  two  of  the  fence-viewers  of  the  town  of 
hereby  certify,  that  upon  the  application  of  A.  B.,  the  owner  of  sheep  [or, 
lambs],  alleged  to  be  killed  by  dogs,  we  proceeded  to  inquire  into  the  mat- 
ter, and  to  view  the  sheep  [or,  lambs]  killed,  and  examined  witnesses  in 
relation  thereto ;  and  that  we  find  that  sheep  [or,  lambs],  belonging 

to  the  said  A.  B.,  were  killed  by  dogs,  and  in  no  other  manner;  and  we 
also  certify,  that  the  amount  of  damages  sustained  by  the  said  A.  B.,  in 
consequence  of  the  killing  of  said  sheep  [or,  lambs],  as  aforesaid,  is 
dollars ;  and  that  the  value  of  said  sheep  [or,  lambs]  is  dollars ;  and 

that  the  fees  for  our  services  are  dollars. 

Given  [etc.,  as  in  Form  803]. 


CHAPTER  XXXVII. 

FERRIES. 


In  the  State  of  New  York  the  establishment  of  ferries  is,  with  some  local 
exceptions,  regulated  by  the  County  Courts.  Applications  for  licenses  are  to  be 
made  as  in  the  following  forms.  If  the  applicant  for  the  license  is  not  the 
owner  of  the  land,  he  must  give  the  owner  notice  (Form  811),  at  least  eight  days 
before  the  session  of  the  court,  of  his  intention  to  apply. 
27 


418  ABBOTTS'  FORMS. 


Licensing  Ferries. 


PAOB 

810.  Application  for  a  ferry  license 418 

811.  Notice  to  owner  of  lands,  of  application 418 

812.  Affidavit  of  service 418 

813.  Recognizance 419 

814.  License  for  a  ferry 419 


810.  Application  for  a  Ferry  License. 

To  the  County  Court  of  county. 

The  petition  of  A.  B.  respectfully  shows : 

I.  That  he  is  a  resident  of  the  town  of  ,  in  said  county,  and  that  a 

ferry  ought  to  be  established,  for  the  accommodation  and  convenience  of 
the  public,  across  the  River,  at  the  place  where  the  public  highway 

crosses  the  land  of  the  petitioner  [or,  of  C.  D.]  upon  the  bank  of 

said  river. 

[If  the  application  be  made  ty  some  person  other  than  the  owner  of  the 
land,  add:]  U.  That  the  said  0.  D.,  the  owner  of  the  land  through  which 
the  highway  runs,  as  aforesaid,  has  neglected  to  apply  for  such  license, 
although  due  service  of  the  notice  required  by  law  has  been  made  upon 
him,  as  appears  by  a  copy  of  said  notice  and  the  affidavit  of  service,  which 
are  hereunto  annexed. 

III.  Wheeefoee,  the  undersigned  hereby  applies  to  the  court  to  grant 
him  a  license  to  establish  such  ferry,  on  his  compliance  with  the  provisions 
of  the  statute  in  such  case  made  and  provided. 

[Date.]  [Signature.] 


811.  Notice  to  Owner  of  Lands  of  Application  for  a  Ferry  License. 

Sir — ^Please  take  notice,  that  the  undersigned  will  apply  to  the  County 
Court  of  the  county  at  the  next  term  thereof,  to  be  held  at  the  court- 

house in  the  city  of  ,  on  the        day  of  >  18    ,  for  a  license  to 

keep  a  ferry  across  the  ,  from  the  to  the  termination  of  the  high- 

way running  through  your  land  [giving  a  particular  description  of  the 
location].  [Signature.] 

[Bate.] 

[Address.] 

812.  Affidmit  of  Service. 

CotlNTT  OP  ,  M. 

M.  N.,  of  ,  being  duly  sworn,  says,  that  on  the         day  of  , 

instant  [or,  last],  he  personally  served  on  C  D.  within  named  a  notice,  of 
which  the  above  [or,  annexed]  is  a  copy,  by  delivering  the  same  to  him 
personally,  and  leaving  the  same  with  him.  [Signature  of  deponent.] 

SwoBN  to  before  me,  this        day  of  ,  18    . 

[Signature  and  title  of  officer.] 


FERRIES.  419 


Eesognizance.  Liconse.     • 

813.  Recognizance  on  Applying  for  Ferry  License. 

Statb  of  ,  ) 

Comity  of  .  f    * 

Be  it  bemkmbeeed,  that  T,  A.  B.,  of  the  town  of  ,  in  said  county, 

do  acknowledge  myself  hereby  indebted  to  the  People  of  the  State  of  New 
York  in  the  just  and  full  sum  of  one  hundred  dollars,  to  be  well  and  truly 
paid  to  the  said  People,  if  default  shall  be  made  in  the  condition  following: 

Whereas,  I,  the  said  A.  B.,  have  this  day  applied  to  the  County  Court  of 
said  county  for  a  license  to  keep  a  ferry  upon  the  River,  in  the  town 

of  ,  in  said  county :    Now  the  condition  of  this  recognizance  is  such, 

that  if  I,  the  said  A.  B.,  shall  faithfully  attend  and  keep  the  said  ferry,  pro- 
vided a  license  be  granted  for  that  purpose  as  aforesaid,  with  such  and  so 
many  sufficient  and  safe  boats,  and  a  sufficient  number  of  men  to  work  the 
same,  together  with  sufficient  implements  for  said  ferry,  as  shall  be  deemed 
necessary  during  the  several  hours  in  each  day,  and  at  such  rates  as  this 
court  shall  direct,  then  this  recognizance  to  be  void ;  otherwise,  to  remain 
in  full  force.  [Signature  of  applicant.] 

Subscribed  and  acknowledged  ^ 
in  open  court,  this  day> 
of  J  18    ,  before  me.  ) 

[Signature  of]  Clerk. 

814.  License  for  a  Ferry. (a) 

At  a  County  Court  held  in  the  courthouse  in  the  city  of  ,  in  and 

for  the  county  of  ,  the         day  of  ,  18      .    Present  [naming 

him],  county  judge. 

Whereas,  A.  B.,  of  the  town  of  ,  in  said  county,  has  appplied 

therefore  [upon  due  notice]  license  is  hereby  granted  to  the  said  A.  B.  to 
keep  a  ferry  across  the  river  ,  at  ,  in  the  town  of  ,  [here 

describe  the  place  particularly],  for  the  term  of  years  from  this  date. 

And  the  said  A.  B.  is  allowed  to  collect  and  receive  ferriage  for  the  trans- 
portation of  travellers,  property  and  effects,  over  and  across  the  said  ferry, 
at  and  after  the  following  rates,  .but  he  shall  not  take  or  demand  any 
greater  sum  or  sums  for  such  transportation — viz.  [state  the  rates]. 

[Signature  of]  Clerk. 

(a)  This  is  to  be  entered  on  the  minutes    by  the  clerk,  is  to  be  delivered  to  the 
of  the  court.    A  certified  copy,  attested    licensee. 


4*20  ABBOTTS'  FORMS. 


Foreclosure  by  Advertisement. 


CHAPTER  XXXVni. 

FORECLOSURE. 

Mortgages  of  real  property  are  commonly  foreclosed  by  a  suit  brought 
for  the  purpose,  in  which  all  persons  having  an  interest  subject  to  the  mortgage 
are  made  parties.  But  if  a  mortgage  contains  a  power  of  sale,  wliich  is  usually 
the  case,  the  holder  may  foreclose  the  mortgage  by  selling  the  property  under 
the  power  of  sale,  by  auction,  on  due  notice  to  all  parties  interested.  This  is 
a  common  and  convenient  mode  in  simple  cases  where  the  parties  are  few  in 
number.  The  mode  in  which  this  may  be  done,  and  the  necessary  method  of 
preser\dng  evidence  of  the  sale,  so  as  to  assure  the  purchaser's  title,  are  pre- 
scribed by  statute.  It  is  not  allowable  to  proceed  in  both  methods  of  fore- 
closure at  the  same  time. 

In  general,  it  may  be  said  that  any  holder  of  the  mortgage,  whether  he  be 
the  original  mortgagee,  or  an  absolute  assignee,  or  an  executor  or  administra- 
tor, or  an  officer  of  a  corporation,  or  other  trustee  holding  the  mortgage,  may 
proceed  to  enforce  the  power  of  sale  by  advertising  and  selling,  pursuant  to 
the  statute. 

Notice  of  foreclosure. — In  order  to  foreclose  a  mortgage  by  adverti8ement,(a) 
the  mortgage,  if  not  already  recorded,  should  be  put  on  record  in  the  county 
where  the  lands  lie  ;  a  notice  that  it  will  be  foreclosed  by  a  sale  of  the  mort- 
gaged premises,  or  some  part  of  them,  must  be  prepared,  specifying  the  names 
of  the  mortgagor  and  mortgagee,  and  the  assignee  of  the  mortgage,  if  any ;  the 
date  of  the  mortgage  and  where  recorded,  or  where  the  power  of  sale  is  regis- 
tered ;  the  amoimt  claimed  to  be  due  thereon,  at  the  time  of  the  first  publica- 
tion of  such  notice  ;  and  a  description  of  the  mortgaged  premises,  conforming 
substantially  with  that  contained  in  the  mortgage.  This  notice  must  be 
given  as  follows : 

1.  By  publishing  it  for  twelve  weeks  successively,  at  least  once  in  each  week, 
in  a  newspaper  printed  in  the  coimty  where  the  premises  intended  to  be  sold 
are  situated  ;  or  if  such  premises  are  situated  in  two  or  more  counties,  in  a 
newspaper  printed  in  either  of  them.  If  the  notice  is  publislied  once  in  each 
week,  for  twelve  successive  weeks,  the  first  publication  being  made  eighty-five 
days  before  the  sale,  and  the  last,  eight  days  before  it,  it  is  sufficient.(6;  If  the 
printers  of  the  papers  in  the  county  refuse  to  publish  the  notice  at  the  legal 
rates,  it  may  be  published  in  the  State  paper,  in  which  case  a  copy  of  the 
notice  must  be  served,  at  least  six  weeks  before  the  time  of  such  sale,  on  the 
person  in  possession  of  the  mortgaged  premises,  in  all  cases  where  the  same 
are  occupied  ;  and  when  they  are  not  occupied,  and  the  mortgagor,  his  heirs 
or  personal  representatives,  reside  in  the  county  where  such  premises  lie,  then 
upon  such  mortgagor,  his  heirs  or  personal  representatives,  as  the  case  may 
be. 

3.  Posting. — A  copy  of  the  notice  must  be  affixed  at  least  twelve  weeks  prior 
to  the  time  therein  specified  for  the  sale,  on  the  outward  door  of  the  building 
where  the  Cbunty  Courts  are  directed  to  be  held,  in  the  county  where  the 
premises  are  situated ;  or  if  there  be  two  or  more  such  buildings,  then  on  the 
outward  door  of  that  which  shall  be  nearest  the  premises.    In  the  computation 

(a)  These  direotions  are  according  to    ch.  346  ;  lb.,  1857,  vol.  i.,  667,  ch.  308 ;  2 
the  law  of  New  York.    1  Rev.  Stat.,  bAf>;    Re:}.  Stat.,&i^,%b(i. 
Laws  of  1842,  363,  ch.  277  ;  /*.,  1844,  529,        (6)  liownrd  v.  Hatch,  29  Barb.,  297. 


FORECLOSUKE.  421 


General  Eiiles. 


of  the  time  of  posting,  the  first  day  and  the  day  of  sale  cannot  both  be  included, 
but  only  one  of  them.(c) 

3.  Recording. — A  copy  of  the  notice  must  be  delivered  at  least  twelve  weeks 
prior  to  the  time  therein  specified  for  the  sale,  to  the  clerk  of  the  county  in 
which  the  mortgaged  premises  are  situated,  who  is  to  affix  the  same  in  a  book 
kept  for  the  purpose. 

4.  Service. — A  copy  of  the  notice  must  be  served  at  least  fourteen  days  prior 
to  the  time  therein  specified  for  the  sale,  upon  the  mortgagor  or  his  personal 
representatives  (that  is,  his  executors  and  admiuistrators),(d)  and  upon  the 
subsequent  grantees  and  mortgagees  of  the  premises,  whose  conveyance  and 
mortgage  shall  be  upon  record  at  the  time  of  the  first  publication  of  the  notice, 
and  upon  all  persons  having  a  lien  by  or  under  a  j  udgment  or  decree  upon  the 
mortgaged  premises,  subsequent  to  such  mortgage,  personally,  or  by  leaving 
the  same  at  their  dwelling-house,  in  charge  of  some  person  of  suitable  age,  or 
by  serving  a  copy  of  such  notice  upon  said  persons,  at  least  twenty-eight  days 
prior  to  the  time  therein  specified  for  the  sale,  by  depositing  the  same  in  the 
post-office,  at  some  place  within  the  State,(6)  properly  folded  and  directed  to 
the  said  persons  at  their  respective  places  of  residence. 

If  the  notice  is  sent  unsealed,  the  direction  should  be  upon  the  paper  on 
which  the  notice  is  written.  If  sent  in  an  envelope,  it  should  be  sealed.(/)  A 
mistake  in  mailing  notice,  addressed  to  a  party  at  another  place  than  the  resi- 
dence of  such  party,  renders  the  foreclosure  utterly  void  as  to  such  party  and 
his  grantees.(^) 

All  these  four  modes  of  notice  mtist  be  pursued  to  make  a  valid  sale  under 
the  statute.(A.) 

The  sale  may  he  postponed  from  time  to  time,  by  inserting  a  notice  of  such 
postponement,  as  soon  as  practicable,  in  the  newspaper  in  which  the  original 
advertisement  was  published,  and  continuing  such  publication  until  the  time  to 
which  the  sale  shall  be  postponed.  If  the  original  advertising  and  posting 
was  not  commenced  in  time  to  give  the  legal  notice,  the  sale  may  be  postponed, 
and  the  notice  continued  to  make  up  the  deficiency(i)  of  time.  Except  in  case 
of  a  postponement  for  this  purpose,  the  notice  of  postponement  may  be  by  pub- 
lication alone  without  postiug.(  j) 

Where  a  postponement  is  made  at  the  time  and  place  appointed  for  the  sale, 
by  stating  to  those  present  the  time  and  place  to  which  the  adjournment  is 
made,  the  subsequent  notice,  to  be  inserted  and  continued  in  the  newspaper 
until  the  time  of  sale,  must  conform  to  the  adjournment,  as  thus  aiinounced.(A;) 

Mode  of  sale. — The  person  foreclosing  the  mortgage  may  act  as  auctioneer. 
The  sale  must  be  at  public  auction,  in  the  daytime,  in  the  county  where  the 
mortgaged  premises,  or  some  part  of  them,  are  situated ;  elcept  in  sales  of 
I)roperty  mortgaged  to  the  People  of  this  State,  in  which  case  the  sale  may  be 
made  at  the  Capitol.  If  the  premises  consist  of  distinct  farms,  tracts  or  lots, 
they  must  be  sold  separately ;  and  no  more  farms,  tracts  or  lots  should  be  sold 
than  necessary  to  satisfy  the  amount  due  on  such  mortgage,  at  the  time  of  the 
first  publication  of  notice  of  sale,  with  interest,  and  the  cost  and  expenses 

(c)  Bunoe  v.  Keed,  16  Barb..,  347.  may  be  conducted  in  the  other  mode  pre- 

(d)  Service  upon  heirs  or  devisees  is  scribed  by  the  statute.  Anderson  v.  Aus- 
not  necessary.     Anderson  v.  Austin,  84    tin,  34  ^ari.,  319. 

Ik,  319.  {i)  Cole  V.  Moffitt,  20  Barh.,  18. 

(e;  Bunce  v.  Eeed,  16  lb.,  847.  {j)  Westgate  v.  Handlin,  7  Bow.  Ft-., 

(/)  Eathbone  v.  Clarke,  9  Abbotts'  Pr.,  372. 

66,  note.  (k)  Where  the  announcement,  made  at 

(g)  Eobinson  v.  Eyan,  25  JV.  J".,  820.  the  time  and  place  fixed  for  the  sale  by 

(A)  Van  Slyke  v.  Slielden,  9  Barb.,  278  ;  the  flrst  advertisement,  was  of  an  adjourn- 

Cole  V.  Moffitt,  20  Jb.,  18.     When  there  ment  to  the  10th  of  the  month,  but  the 

Are  no  personal  representatives,  the  pro-  printed  notice  was,  by  mistake,  for   the 

vision  of  the  statute  concerning  notice  to  16th, — Held,  that  a  sale  had  on  the  16th 

theiu  is  inoperative,  and  the  foreclosure  was  void.    Miller  v.  Hull,  4  Den.,  104. 


422  ABBOTTS'  FOKMS. 


Foreclosure  by  Advertisement. 

allowed  by  law.  The  rule,  tliat  if  the  premises  consist  of  distinct  farms,  tracts 
or  lots,  they  must  be  sold  separately,  applies  only  where  the  premises  con- 
sisted, at  the  time  of  the  mortgage,  of  distinct  farms,  tracts  or  lots,  and  not 
where  they  were,  and  were  mortgaged  as,  one  farm,  tract  or  lot,  and  were  sub- 
sequently subdivided  by  the  mortgagor,  for  more  convenient  occupation  or  for 
sale.(0 

The  mortgagee,  his  assigns,  and  his  or  their  legal  representatives,  may  fairly 
and  in  good  faith  purchase  the  premises  so  advertised,  or  any  part  thereof,  at 
such  sale. 

Effect  of  sale. — A  regular  foreclosure  by  advertisement,  and  the  sale  made 
in  pursuance  thereof  to  a  purchaser,  in  good  faith,  is  equivalent  to  a  sale  under 
a  decree  in  a  court  of  equity,  so  far  only  as  to  be  an  entire  bar  of  all  claim  or 
equity  of  redemption  of  the  mortgagor,  his  heirs  and  representatives,  and  of  all 
persons  claiming  under  him  or  them,  by  virtue  of  a  title  subsequent  to  the 
mortgage,  and  also  of  any  person  having  a  lien,  by  any  judgment  or  decree,  on 
the  premises,  or  any  part  thereof,  subsequent  to  such  mortgage,  and  of  any 
person  having  any  lien  or  claim  by  or  under  such  judgment  or  decree,  who  has 
been  duly  served  with  a  copy  of  the  notice  of  sale. 

An  affidavit  of  the  fact  of  any  sale  pursuant  to  such  notice,  may  be  made  by 
the  person  who  officiated  as  auctioneer  at  such  sale,  stating  the  time  and  place 
at  wliich  the  same  took  place,  the  sum  bid  and  the  name  of  the  purchaser,  and 
shall  be  annexed  to  a  printed  copy  of  the  notice  of  sale.  An  affidavit  of  the 
publication  of  such  notice  of  sale  and  of  any  notice  of  postponement  may  be 
made  by  the  printer  or  publisher(»i)  of  the  newspaper  in  wMch  the  same  was 
inserted,  or  by  his  foreman  or  principal  clerk  ;  and  an  affidavit  of  the  affixing 
of  a  copy  of  such  notice  on  the  outward  door  of  the  courthouse,  may  be  made 
by  the  person  who  affixed  the  same,  or  by  any  other  person  who  saw  such 
notice  so  jested  during  the  time  required  ;  and  an  affidavit  of  the  affixing  a 
copy  of  such  notice  in  the  book  kept  by  the  clerk,  may  be  made  by  the  county 
clerk,  or  by  any  other  person  who  saw  such  notice  so  affixed,  during  the  time 
required  ;  and  an  affidavit  of  the  serving  a  copy  of  such  notice  on  the  persons 
entitled  to  service  thereof,  may  be  made  by  the  persons  who  served  the  same. 
These  affidavits  may  be  taken  and  certified  by  any  j  udge  of  a  court  of  record, 
or  any  commissioner  of  deeds,  notary  public  or  j  ustice  of  the  peace,  and  may  be 
filed  in  the  office  of  the  clerk  of  the  county  where  such  sale  took  place.  The 
affidavits  are  to  be  recorded  at  length  by  the  clerk,  in  the  book  kept  for  the  rec- 
ord of  mortgages  ;  and  the  original  affidavits,  the  record  thereof,  and  certified 
copies  of  such  record  are  presumptive  evidence  of  the  facts  therein  contained. 

Great  care  should  be  taken  in  drawing  the  affidavits,  where  these  are  relied 
on  as  effecting  the  conveyance  ;  because  it  is  held  that,  if  defective,  they  can- 
not be  svistained  or  amended  by  parol  evidence.(«) 

When  these  affidavits  are  filed  and  recorded,  they  are  a  substitute  for  a  deed. 
But  until  such  affidavits  be  made,  filed  and  recorded,  or  a  deed  is  given  in  pur- 
suance of  the  sale,  no  title  passes  to  the  purchaser. 

PACK 

815.  Notice  of  sale  under  power  in  mortgage 423 

816.  Another  form  ;  the  whole  mortgage  being  due  on  default  in  interest 423 

b\l.  Notice  by  a.ssigijee,  etc 424 

618.  Affidavit  of  publication 425 

819.  Affidavit  of  affixing  notice  in  county  clerk's  book , 425 

820.  Affidavit  of  posting  notice 425 

821 .  Affidavit  of  service  of  notice 426 

822.  Affidavit  by  auctioneer  to  the  fact  of  sale 426 

{I)  Lamerson^).  Marvin,  8  Barb.,  9.  (n)  Arnot  v.  McCIure,  4  Den.,  41 ;  Lay- 

(m)    The    publisher    is     deemed     the  man  v.  Whiting,  20  Barb.,  559;   Cohoea 

printer  within    the    statute.      Bunce  v.  Company  v.  Goss,  13  lb.,  137 ;  Bryan  •. 

Beed,  16  Barb.,  347.  Butts,  27  lb.,  503. 


FOREOLOSUEE.  423 


Notice  of  Sale. 


815.  Notice  of  Sale  Under  Power  in  Mortgage.(o) 

Whekbas,  Y.  Z.,  of  ,  on  the        day  of  ,  18    ,  made  and  ex- 

ecuted a  mortgage  to  A.  B.,  of  ,  to  secure  dollars,  payable  [here 

state  the  terms],  which  mortgage  was  recorded  in  the  oflBce  of  the  clerk  of 

County  on  the        day  of  ,  18     ,  at  o'clock  and 

minutes  in  the  noon,  in  liber  of  mortgages,  page  ,(jw)  *  and 

the  sum  of  dollars  interest  [or,  the  sum  of  principal  and 

dollars  interest,  making  together  the  sum  of  dollars]  is  due  on  said 

mortgage  on  the        day  of  ,  18    ,  the  day  of  the  first  publication  of 

this  notice  \{o)  and  whereas  default  has  been  made  in  the  payment  of  the 
money  secured  by  said  mortgage,  and  no  suit  or  proceeding  having  been 
instituted  at  law  to  recover  the  debt  now  claimed  to  be  due  upon  said 
mortgage  or  any  part  thereof:  the  said  mortgage  will  be  foreclosed  by  a  sale 
of  said  premises  by  virtue  of  the  power  contained  in  the  mortgage,(r)  which 
sale  will  be  made  by  the  subscriber,  at  public  auction,  at  the  notel,(s) 

in  ,  on  the        day  of  next,  at        o'clock  in  the        noon. 

The  following  is  a  description  of  said  mortgaged  premises  [here  insert  de- 
scription.](t)  [Signature  of  mortgagee 

[Date  on  the  day  offwit  or  attorney^ 

publication^ 


816.  Another  Form ;  The   Whole  Mortgage  Being  Due  Upon  Default  m 
Interest  Clause. 

[As  in  the  preceding  form  to  the  *,  continuing  thus:]  and  whereas  it  was 
in  and  by  said  mortgage  expressly  agreed,  that  should  any  default  be  made 
in  the  payment  of  the  said  interest  or  of  any  part  thereof  on  any  day  where- 
on the  same  was  payable  as  expressed  in  said  mortgage,  and  should  the 
same  remain  unpaid  and  in  arrear  for  the  space  of  thirty  days,  then  and 
from  thenceforth — that  is  to  say,  after  the  lapse  of  the  said  thirty  days — 
the  principal  sum  of  dollars  mentioned  in  said  mortgage,  with  all  ar- 


(o)  This  form  is  sustained  by  Judd  v.  ally  with  the  statute.     Judd  v.  O'Brien, 

O'Brien,  21  N.  Y.,  186.  21  N.  T.,   186;   Jencks  v.  Alexander,  11 

{p)  The  reference  to  the  record  of  the  Paige,  619. 

mortgage  should  be  accurate,  though  er-  (r)  The   notice   should  show  that  the 

rors  which  would  not  mislead  are  disre-  purpose  of  the  sale  is  to   foreclose  the 

garded  ;  and  it  seems  that  stating  the  time  mortgage,  or  wliat  is  equivalent,  that  the 

and  place,  without  naming  the  book  and  sale  is  had  by  virtue  of  a  power  contained 

page,     would    be    sufficient.      Judd   v.  in  the   mortgage.    Judd  v.  O'Brien.   21 

O'Brien,  21  N.  Z,  186.  K  Y.,  186. 

{q)  The  amount  due  up  to  the  day  of  («)  See  note  («),  infra. 

first  publication  of  the  notice  should  be  {t)  The  property  should  be  distinctly 

stated  accurately ;  though  if  the  data  for  designated.      Rathbone   v.  Clarke,  9  Ah- 

a  precise  computation  are  given,  it  might  lotts'  Fr.,  66,  note.    The  better  practice  is 

be  regarded  as  sufficient,  if  there  was  no  to   insert  the   description    given    in  the 

bad  faith  in  the  omission  to  comply  liter-  mortgage. 


424  ABBOTTS'  JFORMS. 


Notice  of  Sale  under  Mortgage, 


rearage  of  interest  thereon,  should,  at  the  option  of  the  said  A.  B.,  his  ad- 
ministrators or  assigns,  become  and  be  due  and  payable  immediately  there- 
after, although  the  period  limited  in  said  mortgage  for  the  payment  thereof 
might  not  then  have  expired,  any  thing  thereinbefore  contained  to  the  con- 
trary thereof  in  any  wise  notwithstanding. 

And  whereas  said  Y.  Z.  neglects  and  refuses  to  pay  the  interest  which 
became  du«  on  the        day  of  ,  18    ,  or  any  part  thereof  [except  that 

the  sum  of  dollars,  paid  on  account  thereof]. 

And  whereas  more  than  thirty  days  have  elapsed  since  said  interest  be- 
came due  and  payable,  pursuant  to  the  provisions  of  the  said  mortgage,  and 
the  undersigned  has  elected  and  hereby  elects  that  the  whole  principal  sum 
shall  become  and  be  due  and  payable  immediately  ;  and  whereas  there  is 
due  on  said  mortgage,  at  the  date  of  the  first  publication  of  this  notice,  the 
principal  sum  of  dollars,  together  with  dollars  interest  thereon, 

from  the        day  of  »  18    ,  making  altogether  the  sum  of  dol- 

lars, and  no  suit  or  other  proceeding  has  been  instituted  at  law  to  recover 
the  debt  secured  by  said  mortgage,  or  any  part  thereof  [except  one  which 
has  been  heretofore  discontinued]. 

Now,  pursuant  to  the  statute  in  such  case  made,  and  by  virtue  of  the 
power  and  authority  vested  in  the  undersigned  by  said  mortgage,  I,  A.  B., 
the  [assignee  of  the]  mortgagee  named  in  said  mortgage,  do  hereby  notify 
all  persons  whom  it  may  concern,  that  I  shall  sell  the  said  premises  described 
in  said  mortgage,  at  public  auction,  at  the  vestibule  of  the  City  Hall,(«)  in 
the  city  of  ,  on  the        day  of  ,  18    ,  at        o'clock  in  the 

noon,  to  the  highest  bidder  at  said  sale. 

The  fonbwing  is  a  particular  description  of  said  premises  [here  insert  de- 
scription], [Signature  of  mortgagee 

[Date  on  the  first  day  of  or  attorney.^ 

publication.] 


8Vf.  Notice  By  Assignee,  etc. 

[As  in  preceding  forms,  inserting  at  the  *  a  clause  lihe  the  following :] 
Which  said  mortgage,  with  the  power  of  sale  therein  contained,-  was  on 
the        day  of  »  18     ,  duly  transferred  and  assigned  to  the  subscriber, 

who  is  now  the  holder  and  owner  thereof,(«)  said  assignment  being  recorded 
in  the  oflBce  of  the  clerk  of  the  county  of  ,  on  the        day  of  , 

18    ,  at        o'clock  in  the        noon,  in  liber         of  mortgages  on  page 


(m)  The  place  of  sale  must  be  truly  de-  established  place  for  such  sales.    So  of  a 

signated.    Burnet  v.  Denniston,  5  Johns,  notice  of  a  sale  at  the  Merchants'  Ex- 

6%.,  35.                 •  change.     But  under  either  notice  the  sale 

A  notice  which  states  that  the  sale  will  should  take  place  at  the  usual  part  of  the 

take  place  at  the  City  Hall,  but  does  not  Hall  or  Exchange.      Hornby  v.   Cramer, 

Btate  in  what  part  of  the  City  Hall,  is  good,  12  How.  Pr.^  490. 

if  by  usage  a  well-known    part  of  the  («)   See  Howard  v.  Hatch,  29  Barb., 

building,  such    as    the    rotunda,   is  the  297. 


FOREOLOSUBE.  425 


Affidavits  to  Proceedintrs. 


'I  88. 


818.  Affidavit  of  Publication  of  the  Notice  of  Sale.(w) 

State  of 
County  of 

M.  N.,  of  ,  being  duly  sworn,  says,  that  he  is  the 

[ffere  attach  a  printer  [or,  the  foreman  of  the  printer ;  or,  the  principal 
printed  copy  of  clerkof  the  printer;  or,  the  only(2;)  clerk  of  the  printer] 
the  notice.]  of  the  ,  a  newspaper  published  in  ,  in  the 

county  of  ,  aforesaid;  and  that  the  annexed 

notice  of  mortgage  sale  has  been  published  in  the  said  newspaper  twelve 
weeks  successively,  at  least  once  in  each  week,  the  said  publication  commen- 
cing on  the        day  of         ,18    ,  and  ending  on  the        day  of         ,18    . 
SwoKN  before  me,  this        day  j  [Signature  of  deponent.] 

of  ,  18    .  i 

[Signature  of  officer.] 


819.  Affidavit  of  Affi/zing  Notice  of  Sale  in  the  Proper  Boole  in  the  County 

Cler¥8  Office. 
State  of  , ) 

County  of  .S     ' 

M.  IT.,  of  ,  being  sworn,  says,  that  on 

[Here  attach  a    the        day  of  5  18    ,  and  at  least  twelve  weeks 

printed  copy  of    prior  to  the  time  specified  in   the  annexed  printed 

the  notice.]  notice  for  the  sale  of  the  mortgaged  premises  therein 

described,  he  delivered  a  copy  of  such  notice  f>i  sale  to 

the  county  clerk  of  the  county  of  ,  who  did  immediately  and  on  the 

same  day,  and  in  the  presence  of  this  deponent,  affix  the  same  in  the 

proper  book  kept  by  said  county  clerk  for  the  affixing  thereon  of  notices  of 

sale  of  the  foreclosure  of  mortgaged  premises. 

SwoEN  [etc.,  as  in  preceding  form],  [Signature.] 


820.  Affidavit  of  Affixing  Notice  of  Sale  on  the  Outward  Door  of  the 

Courthouse. 


:\ 


State  of 
County  of 

M.  N.,  of  ,  being  duly  sworn,  says,  that  on 

[ffere  attach  a    the        day  of  ?  18    ,  and  at  least  twelve  weeks 

printed   copy    of    prior  to  the  time  specified  therein  for  the  sale,  he 

thenotice  of  sale.]    affixed  a  notice,  of  which  the  annexed  printed  notice  is 

a  copy,  on  the  outward  door  of  the  building  where  the 

County  Courts  are  directed  to  be  held  in  the  county  of  ,  aforesaid — to 

wit,  the  City  Hall  in 

SwoBN  [etc.,  as  in  Form  818].  '[Signature.] 

(w)  This  form  is  sustained  by  Howard  v.     that  he  is   the   only  clerk,  is  sufficient, 
Hatch,  29  Barh.,  297.  though    not    saying    "  principal    clerk." 

(«)  An  affidavit  by  a  clerk,  which  shows    Gray  v.  Palmer,  9  Cal.,  616. 


426  ABBOTTS'  FORMS. 


Affidavits  to  Foreclosure  Sale. 


821.  Affidavit  of  Service  of  Copy  of  Notice  of  Sale. 
State  of 


County  of 


:\ 


M.  N".,  of  ,  being  duly  sworn,  says,  that  on 

[Here  attach  a    the        day  of  ,18     ,  at  [here  specifying  the 

printed  copy  of    place  particularly^  he  personally  served  [here  ?iame  the 
the  notice.]  persons],  with  a  notice  of  sale  of  which  the  annexed 

printed  notice  is  a  copy,  by  delivering  a  copy  of  said 
notice  to  each  of  them  individually,  and  leaving  the  same  with  them  [or,  he 
served  Y.  Z.  with  a  notice  of  sale,  of  which  the  annexed  printed  notice  is  a 
copy,  by  delivering  a  true  copy  of  said  notice  to  the  wife  [or,  daughter, 
aged  years,  or  thereabouts],  of  the  said  Y.  Z.,  at  his  dwelling-house 

in  ,  he  being  at  the  time  absent  therefrom ;  or,  he  served  Y.  Z.,  with 

a  notice  of  sale,  of  which  the  annexed  printed  notice  is  a  copy,  by  deposit- 
ing a  copy  of  said  notice  in  the  post-oflBce  in  ,  properly  folded — and 
if  inserted  in  an  envelope  add,  and  inclosed  in  a  sealed  envelope — and 
directed  to  him  at  his  place  of  residence  in            ]. 
SwoEN  [etc.,  as  in  Form  818].  [Signature.] 


822.  Affidavit  By  tlie  Auctioneer  to  the  Fact  of  Sale. 
State  of 


County  of 


:} 


M.  N.,  of  ,  being  duly  sworn,  says,  that  he  sold 

[Here  attach  a    the  premises  [below  described  being   a  part  of  the 

printed  copy  of    premises]  described  in  the  annexed  printed  notice,  by 

the  notice.]  public  auction,  at  the  time  and  place  of  sale  therein 

mentioned — to  wit,  on  the         day  of  ,  18     , 

at         o'clock  in  the         noon,  at  the  [here  designate  the  place] ;  and  that 

C.  D.  then  and  there  purchased  the  same,  for  the  price  of  dollars ;  he 

being  the  highest  bidder,  and  that  being  the  highest  sum  bidden  for  the 

same. 

And  this  deponent  further  saith,  that  said  sale  was  made  in  the  daytime, 
and,  in  all  respects,  honestly,  fairly  and  legally  conducted,  according  to  his 
best  knowledge  and  belief;  and,  also,  that  the  said  0.  D.  purchased  the 
said  premises  fairly  and  in  good  faith,  as  he  verily  beUeves. 

Sworn  [etc.,  as  in  Form  818].  [Signature.] 

[Add  description^  if  the  sale  was  of  a  part  of  the  land  described  in  the 
notice.] 


GIFTS.  427 

Guaranties. 


CHAPTER  XXXIX. 

GIFTS. 

A  gift  of  personal  property  may  be  made  hy  parol,  without  any  written  In- 
strument, except  in  respect  to  such  property  as  requires  a  writing  in  order  to 
make  a  valid  sale  or  transfer  for  pecuniary  consideration.  But  the  appropriate 
instrument  for  conveying  by  gift  is  an  Assignment  or  Bill  op  Sale  (see 
those  chapters),  in  which  affection  or  a  nominal  payment,  such  as  one  dollar, 
may  be  named  as  the  consideration. 

Delivery. — Where  the  subject-matter  is  capable  of  delivery,  a  delivery,  actual 
or  symbolical,  is  essential  to  constitute  a  valid  gift  by  parol.  There  is  no  dis- 
tinction, in  this  respect,  between  a  gift  between  the  living  and  one  made  in 
view  of  death.  The  possession,  or  some  means  of  obtaining  possession  and 
control,  must  be  transferred  to  the  donee,  or  the  title  does  not  pa^.  The  de- 
livery need  not  be  to  the  donee  in  person.  A  delivery  to  a  third  person  to  hold 
for  the  donee  is  sufficient.  The  making  and  delivering  one's  own  promissory 
note  as  a  gift,  does  not  create  a  valid  obligation,  even  when  the  note  is  given 
as  a  gift  in  view  of  death.  But  the  holder  of  a  note  or  other  obligation  made 
by  a  third  person  may  give  it  away.  After  a  gift  has  been  thus  executed,  it 
cannot  be  retracted  by  the  donor  ;  although  in  cases  of  actual  or  constructive 
fraud,  his  creditors  may  set  it  aside.  A  gift  in  view  of  death,  however,  is  rev- 
ocable at  the  arbitrary  will  of  the  donor,  if  he  survives  ;  and  this,  notwith- 
standing the  donee  has  been  put  in  full  possession  of  the  subject  of  the  gift. 

A  gift  of  land  is  to  be  made  by  deed  acknowledged  and  recorded,  as  in  other 
cases.  (See  the  chapters  on  Deeds  and  Acknowledgments.)  A  nominal 
consideration  may  be  named,  or  affection  may  be  expressed  to  be  the  considera- 
tion, as  in  Form  720.  Sometimes  the  conveyance  is  made  in  the  form  of  a 
covenant  to  stand  seized  to  uses,  as  in  Form  636. 


CHAPTER  XL. 

GUARANTIES. 


By  the  Statute  of  Frauds,  every  special  promise  to  answer  for  the  debt,  de- 
fault or  miscarriage  of  another  person,  is  void,  unless  such  agreement,  or  some 
note  or  memorandum  thereof,  expressing  the  consideration,  be  in  writing,  and 
subscribed  by  the  party  to  be  charged  therewith.(a)  The  words  "  for  value 
received,"(6)  or  even  a  seal,(<;)  are  a  sufficient  expression  of  a  consideration  to 
satisfy  the  statutory  requirement. 

{a)  By  a  recent  amendment  in   New  Douglass*.  Howland,  24  75.,  35;  Cooper 

York,  tlie  necessity  of  expressing  tiiecon-  v.  Dedrick,  22  Barb.,  516;  Miller  v.  Cook, 

sideration  lias  been  abolished.     Laws  rf  ^Z  N.  Y.,  495 ;  Howard  v.  Holbrook,  23 

1863,  802,  eh.  464.    In  some  otiier  States  How.  Pr.,  64. 

it  never  has  been  required.  (c)  Livingston    v.   Tremper,  4  Johns., 

(J>)  Watson  V.  McLaren,  19  Wend.,  557;  416  ;  Douglass  v.  Howland  24  Wend.,  35  ; 


428 


ABBOTTS'  FOKMS. 


Guaranties. 


PAax 
828.  Guaranty  of  payment  of  note 428 

824.  Of  payment  of  bond 428 

825.  Guaranty  of  collectibility 428 

826.  Guaranty  of  rent 429 

827.  Guaranty  gi%'eu  to  stop  legal  proceedings 429 

828.  Guaranty  of  performance  of  contract 429 


823.  Chiaranty  of  Payment  of  Note. 

For  value  received,  I  hereby  guarantee  the  payment  of  the  within  note.((Z) 
[Bate.]  [Signature.] 

824.  Guaranty  of  Payment  of  Bond. 

In  considekation  of  the  sum  of  one  dollar  to  me  in  hand  paid  by  Y.  2J., 
I  hereby  guarantee  the  payment  of  the  foregoing  bond.(e) 
Witness  my  hand  [and  seal],  the        day  of  ,  18    . 

[Signature,  with  or  without  seal.] 

825.  Guaranty  of  Collectilility,  etc. 

Fob  value  received,  I  hereby  guarantee  that  the  within(/)         is  good(y) 
[or,  collectible].(A)  [Signature.] 


Bush  V.  Stevens,  lb.,  256 ;  Barnum  «. 
Childs,  11  Barl.,  14;  affirming  S.  C,  1 
Sand/.,  58;  Eosenbaum  v.  Gunter,  2  K 
D.  Smith,  415. 

(d)  An  absolute  guaranty  of  payment  of 
a  negotiable  note  renders  the  guarantor 
liable  on  default  of  the  principal,  and 
without  proof  of  demand  and  notice. 
Allen  V.  Rightmere,  20  Johns.,  365  ;  Mann 
V.  Eckford,  15  Wend.,  502;  Van  Eenssel- 
laer  v.  Miller,  Bill  dt  D.  Supp.,  237.  He 
is  liable  unless  he  can  show  that  the  omis- 
sion of  demand  and  notice  has  been  the 
cause  of  injury  to  him.  Clark  v.  Burdett, 
2  Hall,  197. 

(«)  Where  the  guaranty  of  a  mortgage 
was  of  "  the  payment  and  collection  of  the 
principal  and  interest  money  of  the  bond 
and  mortgage  within  assigned," — Held, 
that  collection  meant  collection  by  fore- 
closure, and  that  the  guarantor  was  not 
liable  as  a  party  to  an  action  of  foreclosure. 
Baxter  v.  Smack,  17  How.  Pr.,  183. 

(/)  Upon  a  guaranty  of  the  collection 
"  of  the  within  note,"  the  guarantor  is 
not  liable,  unless  the  guarantee  has  used 
due  diligence,  not  only  against  the  makers 
but  also  as  against  such  as  were  indorsers 


at  the  time  of  making  the  guaranty.  Love- 
land  V.  Shepard,  2  Hill,  139 ;  Moakley  v. 
Eiggs,  19  Johns.,  69. 

{g)  A  guaranty  that  a  note  is  good,  is 
not  a  guaranty  of  payment  on  demand, 
but  that  the  maker  is  solvent,  and  the 
amount  can  be  collected  by  due  course  of 
law.     Cooke  v.  Nathan,  16  Barb.,  342. 

(A)  A  guaranty  of  the  collectibility  of  a 
note  is  a  conditional  promise,  binding 
only  in  case  of  diligence  in  prosecuting 
the  debt.  Gallagher  7).  White,  31  Barb., 
92.  And  if  the  condition  be  not  performed 
by  the  guarantee,  the  guarantor  is  under 
no  moral  obligation  to  pay  the  note,  and 
his  liability  cannot  be  revived,  even  by 
an  express  promise.  Van  Derveer  v. 
Wright,  6  lb.,  547.  And  in  order  to 
charge  the  guarantor,  it  must  be  proven 
that  the  parties  to  it  were  not  good,  and 
that  payment  could  not  be  enforced  from 
them.  Curtis  v.  Smallman,  14  Wend., 
231. 

Under  a  simple  guaranty  of  collection, 
the  creditor  is  not  bound  to  notify  the 
guarantor  of  his  attempt  and  failure  to 
collect  the  debt,  before  suing  on  the  guar- 
anty.   Unless  the  guarantor  stipulates  for 


GUARDIAlsr  AND  WARD.  429 

Guaranties.  Guardianship. 

826.  Guaranty  of  Bent,  etc. 

In  oonsideeation  of  the  letting  of  the  premises  above  described(z)  [or, 
for  value  received],  I  guarantee  the  punctual  payment  of  the  rent  [and  per- 
formance of  the  covenants]  in  the  above  agreement  mentioned  to  be  paid 
and  performed  by  said  lessee,  without  requiring  any  notice  of  non-payment 
or  non-performance,  or  proof  of  notice  or  demand  being  made,  whereby  to 
charge  me  therefor.  [Signature.] 

[Date.] 

827.   Guaranty  Given  To  Stop  Legal  Proceedings. 

A.  B.  &  Co.  having,  at  my  request,  agreed  to  discontinue  the  proceedings 
instituted  by  them  against  Y.  Z.,  to  enforce  payment  of  dollars  due 

by  him  to  them,  I  hereby,  in  consideration  thereof,  guarantee  the  payment 
of  that  sum,  and  of  costs,  within  days  from  date. 

[Date.]  [Signature.] 

828.   Guaranty  of  Performance  of  Contract. 

In  oonsideeation  of  the  sum  of  one  dollar  to  me  in  hand  paid  by  Messrs. 
A.  B,  &  Company,  the  receipt  whereof  is  hereby  acknowledged,  I  do  here- 
by guarantee,  promise  and  agree  to  and  with  them,  that  the  above-named 
M.  N.  will  weU  and  faithfully  perform  and  fulfil  every  thing  by  the  forego- 
ing agreement  on  his  part  and  behalf  to  be  performed  and  fulfilled,  at  the 
times  and  in  the  manner  above  provided.  And  I  do  hereby  expressly 
waive  and  dispense  with  any  demand  upon  the  said  M.  N.,  and  any  notice 
of  any  non-performance  on  his  part.  [Signature.] 

[Date.] 


CHAPTEE   XLI. 
GUARDIAN  AND  WARD. 


In  general,  the  father  is  guardian  by  nature,  imtil  the  child  arrive  at  tne  age 
of  twenty-one  ;  but  by  common  law  this  is  a  guardianship  of  the  person  only 
and  gives  no  right  or  control  over  the  child's  property,  real  or  personal.    But 

notice,  it  is  not  to  be  implied.     Sterns  v.  depends  upon  the  circumstances  of  tlie 

Mark*,  35  Barb.,  565.  case.     Thomas  v.   Woods,  4  Cow.,  173 ; 

If  the  condition  of  a  guaranty  is,  that  and  see  Mains  v.  Haight,  14  Barb.,  76. 

the  creditor  shall  proceed  by  "due  cour.-*e  (i)  A  guaranty,  written  beneath  a  lease, 

of  law"  for  the  collection  of  the  debt,  it  is  and  stating  that  it  is  made  "in  considera- 

enough  that   he   prosecutes   all  ordinary  tion  of  the  demise  of  the  premises  above 

legal  measures,  with  good  faith  and  rea-  mentioned,"  sufficiently  expresses  a  con- 

sonable  diligence,  in  point  of  time;  the  sideration.     McKensie  i;.  Farrell, 4^o«iio., 

loss  of  a  term  does  not  of  necessity  dis-  192, 
charge  the  guarantor.     What  is  laches 


430  ABBOTTS'  FORMS. 


Petition  for  Appointment  of  Guardian. 


by  statute  in  New  York  and  some  other  States,  where  an  infant  has  real  prop 
erty,  the  father,  or  if  he  has  no  father,  the  mother,  or  if  none,  the  nearest 
relative  of  full  age  and  of  capacity,  males  being  preferred,  is  guardian,  and  has 
the  custody  of  the  land,  and  is  entitled  to  the  profits,  for  the  benefit  of  the 
heirs.  But  his  authority  is  superseded  whenever  a  guardian  is  appointed  by 
deed  or  wiU,  or  by  the  surrogate. 
The  forms  for  voluntary  appointment  of  guardians  are  given  in  the  chapter 

of  ArPOINTMKNTS. 

FAOK 

829.  Petition  for  appointment  of  guardian  of  a  minor  of  the  age  of  fourteen 430 

880.  Consent  to  be  annexed 480 

881.  Affidavit  as  to  property  to  be  annexed 430 

882.  Bond  of  guardian 431 

888.  Affidavit  to  sufficiency  of  surety 481 

884.  Letters  of  guardianship 431 

885.  Petition  for  appointment  of  guardian  of  a  minor  under  the  age  of  fourteen..  432 

836.  Verification  of  petition 483 

837.  Consent  to  be  annexed 438 

838.  Petition  by  guardian  for  allowance  out  of  ward's  estate 433 


829.  Petition  for  Appointment  of  a  Guardian  of  a  Minor  of  the  Age  of 
Fourteen  Years. 

To  M.  K,  surrogate  of  the  county  of  : 

The  petition  of  A.  B.,  of  the  city  of  ,  respectfully  shows,  that 

your  petitioner  is  a  resident  of  the  county  of  ,  and  is  a  minor  over 

fourteen  years  of  age,  and  was  years  of  age  on  the  day  of 

last  past. 

That  your  petitioner  is  entitled  to  certain  property  and  estate  \hriefly 
designating  it\  and  that  to  protect  and  preserve  the  legal  rights  of  your 
petitioner,  it  is  necessary  that  some  proper  person  should  be  duly  appointed 
the  guardian  of  his  person  and  estate  during  his  minority. 

Whekefoee,  your  petitioner  nominates,  subject  to  the  approbation  of  the 
surrogate,  C.  B.,  of  the  city  of  ,  merchant,  to  be  such  guardian,  and 

prays  his  appointment  accordingly,  pursuant  to  the  statute  in  such  case 
made  and  provided. 

[Date.]  [Signature.] 

830.  Consent  to  Be  Annexed. 

I,  C.  B.,  of  the  city  of  ,  merchant,  hereby  consent  to  be  appointed 

the  guardian  of  the  person  and  estate  of  the  above-named  minor  during  his 
minority. 

[Date.]  [Signature.] 

831.  Affidavit  as  to  Property  to  Be  Annexed. 

County  of  ,  ss. 

M.  N.,  of  the  city  of  ,  being  duly  sworn,  says,  that  he  is  acquainted 

with  the  property  and  estate  of  the  above-named  minor,  and  that  the  same 
consists  of  real  and  personal  estate ;  and  that  the  personal  estate  of  said 
minor  does  not  exceed  the  sum  of  dollars,  or  thereabouts ;  and  that 


GUAKDIAN  AND  WAED.  431 

Bond.  Letters. 

the  annual  rents  and  profits  of  the  real  estate  of  said  minor  do  not  exceed 
the  sum  of  dollars,  or  thereabouts.  [Signature.] 

Sworn  before  me,  this         "/ 
day  of  ,  18    .     J 

[Signature  of  officer.] 

832.  Bond  of  Guardian. 

Know  all  men  by  these  presents,  that  we,  0.  B.,  of  the  city  of  , 

merchant,  and  E.  F,,  of  the  same  city,  physician,  are  held  and  firmly  bound 
unto  A.  B.,  of  the  city  of  ,  a  minor  over  fourteen  years  of  age,  in 

the  sum  of  dollars,  lawful  money  of  the  United  States,  to  be  paid 

to  the  said  minor,  his  executors,  administrators  or  assigns ;  to  which  pay- 
ment, well  and  truly  to  be  made,  we  bind  ourselves,  our  and  each  of  our 
heirs,  executors  and  administrators,  jointly  and  severally,  firmly  by  these 
presents. 

Sealed  with  our  seals ;  dated  the  day  of  ,  one  thousand 

eight  hundred  and 

The  condition  of  this  obligation  is  such,  that  if  the  above-bounden  C.  B. 
shall  and  will  faithfully,  in  all  things,  discharge  the  duty  of  a  guardian  to 
the  said  minor,  according  to  law,  and  render  a  true  and  just  account  of  all 
moneys  and  property  received  by  him,  and  of  the  application  thereof,  and 
of  his  guardianship  in  all  respects,  to  any  court  having  cognizance  thereof, 
when  thereunto  required,  then  this  obligation  to  be  void ;  otherwise,  to  re- 
main in  full  force  and  virtue. 

Sealed  and  delivered  in )  [Signatures  and  seal.] 

the  presence  of        J 
[Signature  of  witnesses.] 


833.  Affidavit  of  Sufficiency  of  Surety  in  Bond. 

OOUNTY  OF  ,  SS. 

E.  F,,  the  within-named  surety,  being  duly  sworn,  says,  that  he  resides 
at  No.  street,  in  said  city,  and  is  worth  the  sum  of  dollars 

over  and  above  all  his  just  debts,  liabilities  and  responsibilities,  and  prop- 
erty exempt  by  law  from  execution. 

SwoKN  [etc.,  as  in  Form  831].  [Signature.] 

834.  Letters  of  Guardianship. 

The  People  of  the  State  of  ,  to  C.  B.,  of  the  city  of  ,  send 

greeting : 
Whereas  an  application,  in  due  form  of  law,  has  been  made  to  our  sur- 
rogate of  the  county  of  ,  to  have  you,  the  said  0.  B.,  appointed  the 
guardian  of  the  person  and  estates  of  A.  B.,  a  minor,  residing  in  the  city  of 
,  of  the  age  of  fourteen  years :  And  whereas  the  said  C.  B.  has 
agreed  and  consented  to  become  such  guardian,  and  has  duly  executed  and 
delivered  a  bond,  pursuant  to  law,  for  the  faithful  discharge  of  his  duty  as 
such  guardian,  and  we  being  satisfied  of  the  suflBciency  of  said  bond,  and 


432  i\BBOTTS'  FORMS. 


Petition  for  Guardian. 


that  said  0.  B.  is  a  good  and  reputable  person,  and  is  in  every  respect  com- 
petent to  have  the  custody  of  the  person  and  estate  of  said  minor :  Now, 
THEKEFORE,  wc  do,  by  thesc  presents,  allow,  constitute  and  appoint  you, 
the  said  0.  B.,  the  general  guardian  of  the  person  and  estate  of  said  minor 
during  his  minority,  hereby  requiring  you,  the  said  guardian,  to  safely  keep 
the  real  and  personal  estate  of  said  minor,  which  shall  hereafter  come  to 
your  custody,  and  not  suflfer  any  waste,  sale  or  destruction  of  the  same,  but 
keep  up  and  sustain  his  lands,  tenements  and  hereditaments,  by  and  with 
the  rents,  issues  and  profits  thereof,  or  with  such  other  moneys  belonging 
to  him  as  shall  come  to  your  possession,  and  to  deliver  the  same  to  him 
when  he  becomes  of  full  age,  or  to  such  other  guardian  as  may  be  hereafter 
appointed,  in  as  good  order  and  condition  as  you  receive  the  same  ;  and 
also  to  render  a  just  and  true  account  of  all  moneys  and  property  se- 
cured by  you,  and  the  application  thereof,  and  of  your  guardianship  in  all 
respects,  to  any  court  having  cognizance  thereof,  when  thereunto  required. 
In  testimony  whereof,  we  have  caused  the  seal  of  office  of 
our  said  surrogate  to  be  hereunto  affixed,  at  the  city  of  , 

[SealJ]    the  day  of  ,  in  the  year  of  our  Lord  one  thousand 

eight  hundred  and  ,  and  of  our  independence  the 

[Signature  of]  Surrogate. 

835.  Petition  for  the  Appointment  of  a  Guardian  of  a  Minor  Under  the 
Age  of  Fourteen.{a) 

To  M.  N".,  surrogate  of  the  county  of 
The  PETrnoN  of  0.  B.,  of  the  city  of  ,  merchant,  respectfully  shows . 

I.  That  your  petitioner  is  a  paternal  uncle  of  A.  B.,  a  minor;  that  said 
minor  is  a  resident  of  the  county  of  ,  and  is  under  fourteen  years  of 
age,  and  was            years  of  age  on  the        day  of  last  past. 

II.  That  the  only  relatives  of  said  minor  residing  in  the  county  of  , 
are  E.  F.,  his  maternal  grandfather,  G.  H.  and  I.  J.,  his  maternal  uncles,  and 
D.  F.  and  your  petitioner,  his  paternal  uncles. 

III.  That  said  minor  is  entitled  to  personal  property  [briefly  designating 
it]  to  the  value  of  about  dollars,  as  your  petitioner  is  informed  and 
verily  believes,  and  that  he  is  also  seized  of  certain  real  estate  [briefly  des- 
ignating it],  the  annual  rents  and  profits  whereof  do  not  exceed  the  sum 
of  dollars ;  and  that  to  protect  and  preserve  the  legal  rights  of  said 
minor,  it  is  necessary  that  some  proper  person  should  be  duly  appointed 
the  guardian  of  his  person  and  estate. 

Theeefore,  your  petitioner  prays,  that  you  will  appoint  him,  your  peti- 
tioner, the  guardian  of  the  person  and  estate  of  said  minor,  until  he  shall 
arrive  at  the  age  of  fourteen  years,  and  until  another  guardian  shall  be  ap- 
pointed. 

[Date.]  [Signature.] 


(o)  An  application  on  behalf  of  a  minor  8  ffow.  Fr.,  99.    And  in  this   class   of 

under  fourteen  (2  Hev.  Stat.,  150,  §  5),  like  cases,  notice  should  generally  be  given  to 

that   made   by  a    minor  over    fourteen,  the  relatives  of  tbe  minor, 
should  be  by  petition.    Button  v.  Dutton, 


GUARDIAN  AND  WARD.  433 

Petition  for  Allowance. 

836.   Verification  of  Petition. 

County  op  ,  as. 

0.  B.,  of  the  city  of  ,  the  above  petitioner,  being  duly  sworn, 

says,  tliat  the  foregoing  petition  is  true,  to  his  Icnowledge,  except  as  to  the 
matters  therein  stated  on  information  and  belief,  and  as  to  those  matters  he 
believes  it  to  be  true.  [Signature-I 

SwoEN  [etc.,  as  in  Form  831]. 


837.  Consent  to  te  Annexed. 

I,  C.  B.,  of  the  city  of  ,  merchant,  do  hereby  consent  to  become 

the  guardian  of  the  above-mentioned  minor,  pursuant  to  the  prayer  of  the 
foregoing  petition. 

[Date.]  [Signature.] 

838.  Petition  hy  Guardian  for  Allowance  Out  of  Ward's  Estate. 

To  the  justices  of  the  Supreme  Court  of 
The  petition  of  C.  B.,  guardian  of  A.  B.,  an  infant,  respectfully  shows : 

I.  That  your  petitioner  was  appointed  general  guardian  of  said  minor,  by 
an  order  of  this  court,  made  the  day  of  ,  in  the  year  18  ,  and 
has  given  the  security  required  by  the  said  order. 

II.  That  the  property  of  the  said  minor  consists  of  [describe  it,  stating 
the  value]. 

III.  That  the  said  minor  is  the  child  of  your  petitioner,  is  years  of 
age,  and  has  been  supported,  educated  and  maintained  by  your  petitioner, 
out  of  his  own  funds,  up  to  the  time  of  the  date  of  the  aforesaid  order,  and 
subsequently,  up  to  or  about  the           day  of            ,  18     . 

IV.  That  your  petitioner,  since  the  date  last  aforesaid,  has  been  unablfe, 
and  is  now  unable,  to  support,  maintain  and  properly  educate  the  said  minor, 
out  of  his  own  funds,  in  consequence  of  failure  in  business,  and  losses  in 
business. 

V.  That  your  petitioner  has,  for  the  last         years,  resided  at  ,  in 

,  and  the  said  daughter  has  resided  in  ;  that  the  expense  of 

the  support,  maintenance  and  education  of  the  said  minor,  since  the 
day  of  ,  18     ,  has  been  about  the  sum  of  dollars  per  annum, 

which  your  petitioner  is  wholly  unable  to  defray  out  of  his  own  funds. 

AVheeefoee,  your  petitioner  prays  that  an  allowance  may  be  made  to  him 
for  the  maintenance  and  education  of  the  said  minor,  out  of  the  interest 
accrued  and  to  accrue  upon  the  said  ,  at  the  rate  of  dollars 

per  annum,  to  date  from  the         day  of  ,  in  the  year  18    ,  and  to  be 

continued  until  the  further  order  of  this  court.  [Signature.] 

[Add  Verification,  as  in  Form  836.] 
28 


434  ABBOTTS'  FORMS. 


Hahitnal  DrunkardB. 


CHAPTER  XLII. 
HABITUAL  DEUNKAKDS. 

The  statutes  generally  provide  proceedings  by  whict  the  sale  of  liquors  to 
habitual  drunkards  may  be  forbidden  and  punished,  and  also  proceedings  by 
wluch  habitual  drunkards,  who  are  incapacitated  from  taking  care  of  them- 
selves and  their  property,  may  be  placed  under  the  charge  of  a  guardian  termed 
a  committee.  The  latter  proceeding,  which  is  akin  to  that  taken  in  case  of  in- 
sane persons,  is  treated  in  the  chapter  of  Insaxe  Persons. 

The  excise  laws  of  New  York(rt)  provide  that  the  wife,  husband,  parent  or 
guardian  of  an  habitual  drunkard,  may,  upon  complaint,  procure  from  a  justice 
of  the  peace,  notice  to  dealers  not  to  furnish  liquor. 

It  is  provided  by  another  statute,' 6)  that  the  overseers  of  the  poor  may  des- 
ignate a  person  as  an  habitual  drunkard,  and  give  similar  notice  upon  their 
own  motion.  Copies  of  the  notice  should  be  personally  served  on  all  persons 
required  to  obey  it.  The  person  designated  as  a  drunkard  may  contest  the 
fact  before  a  jury.  For  that  purpose  he  must  apply  to  a  justice  of  the  peace 
for  process  to  summon  the  jury ;  immediate  notice  of  which,  and  of  the  time 
and  place  of  the  hearing,  is  to  be  given  to  the  overseer  by  the  justice.  The 
jury  are  to  be  summoned,  returned,  etc.,  and  witnesses  subpoenaed,  etc.,  in  the 
same  manner  as  in  ordinary  suits  before  justices  of  the  peace.  The  verdict  o" 
the  jury  is  to  be  entered  by  the  justice  in  his  docket.  If  the  jury  find  that 
the  person  is  an  habitual  drunkard,  judgment  must  be  entered  against  him,  and 
an  execution  issued  for  the  costs ;  if  the  jury  find  the  contrary,  judgment  must 
be  rendered  accordingly  ;  but  no  execution  can  be  issued  against  the  overseer, 
unless  he  acted  in  bad  faith,  and  did  not  have  reasonable  cause  for  making  the 
designation. 

PAOB 

839.  Complaint  and  petition  of  wife,  etc.,  for  notice  forbidding  sale  of  liquor. ...  434 

840.  Notice  to  dealer  forbidding  sale 435 

841.  Designation  of  habitual  drunkard,  and  notice  to  dealer  by  overseers  of  the 

poor 435 

842.  Notice  to  overseer,  by  justice 435 

843.  Execution  against  drunkard 435 

844.  Execution  against  overseers, ...    436 

845.  Eevocation  by  overseers 436 


8.39.  Complaint  and  Petition  of  Wife,  etc.,  for  Notice  Forbidding  Sale  of 

Liquon 
CotrsTY  OF  ,  88. 

C.  B.,  of  ,  being  duly  sworn,  says,  that  A.  B.,  of  said  ,  is  her 

husband  [or,  his  wife;  or,  child  under  the  age  of  twenty-one  years],  and 
that  he  [or,  she]  is  an  habitual  drinker  of  intoxicating  liquors  [here  state 
iome  particular8  8ui8tantiating  the  complaint],  and  that  K.  L.  and  M.  N., 
of  ,  are  accustomed  to  furnish  such  liquors  to  him  [or,  herj : 

(a)  ^  Laws  of  1857,  418.  (J)  1  Rtm.  Stat.,  686. 


HiiBITUAL  DRUNKARDS.  435 

Proceedings  to  Prevent  Sale  of  Liquors. 

Wherefore,  deponent  asks  that  notices  may  be  issued  to  said  K.  L.  and 
M.  N.,  according  to  the  statute,  forbidding  the  sale  or  giving  of  such  liquors 
to  him  [or,  her]. 
Sworn  [etc.,  as  in  Form       ].  [Signature.] 

840.  Notice  to  Dealer,  Forbidding  Sale,  etc. 

To  [here  name  dealer  complained  of] : 

You  are  hereby  forbidden  to  sell  or  give  intoxicating  liquors  to  0.  B., 
for  the  term  of  six  months  from  the  date  of  this  notice,  under  the  penalty 
of  fifty  dollars  and  costs  for  each  offence ;  complaint  having  been  duly  made 
to  me,  with  satisfactory  proof  pursuant  to  the  statute,  that  he  [or,  she]  is  an 
habitual  drinker  of  such  liquors.       ,  [Signature  of  officer.] 

[Date.] 

841.  Designation  of  Eabitual  Drunkard,  and  Notice  to  Dealer,'by  Overseers 

of  Poor. 
Town  of  , ) 

County  of  .S     ' 

I,  the  undersigned,  overseer  of  the  poor  of  said  town,  having  discovered 
A.  B.,  of  said  town,  to  be  an  habitual  drunkard,  do  hereby  designate  him  as 
such  habitual  drunkard,  and  describe  him  as  follows  [description] :  And 
every  merchant,  distiller,  shopkeeper,  tavernkeeper,  or  other  dealer  in 
spirituous  liquors,  and  every  other  person  residing  within  ,  is  required 

not  to  give  or  sell,  under  any  pretence,  any  spirituous  liquors  to  the  said  A.  B. 

[Date.]  [Signature  and  title.] 

842.  Notice  to  Overseer  by  Justice. 

To  ,  overseer  of  the  poor  of  the  town  of  : 

You  are  hereby  notified,  that  A.  B.,  who  has  been  designated  by  you  aa 
an  habitual  drunkard,  has  applied  to  me  for  a  process  to  summon  a  jury  to 
try  and  determine  the  fact  of  such  drunkenness;  and  that  I  have  fixed 
the        day  of  instant,  at  o'clock  in  the  noon,  at  my  ofiice 

in  said  town,  as  the  time  and  place  for  such  trial. 

[Date.]  [Signature  of]  Justice  of  the  Peace. 

843.  Execution  Against  the  Drunkard. 

County  of  ,  ss. 

To  any  constable  of  said  county,  greeting : 

Whereas,  A.  B.,  of  ,  in  said  county,  was  designated  and  described 

by  C.  D.  and  E.^F.,  overseers  of  the  poor  of  said  town,  as  an  habitual 
drunkard;  and,  by  the  verdict  of  a  jury  duly  erppanelled,  drawn  and 
Bworn,  before  me,  the  undersigned  justice,  upon  the  application  of  the  said 
A.  B.,  *  it  is  found  that  he  is  an  habitual  drunkard ;  whereupon,  I  have 
rendered  judgment  against  the  said  A.  B.,  for  the  costs  of  the  said  over- 


436  ABBOTTS'  FORMS. 


Habitual  Drunkards. 


seers  in  attending  the  trial,  amounting  to  the  sum  of  dollars: 

You  ABE  THEKEFORK  hereby  commanded,  in  the  name  of  the  People  of  the 
State  of  New  York,  to  levy  the  said  costs  t  of  the  goods  and  chattels  of  the 
said  A.  B.  [excepting  such  goods  and  chattels  as  are  exempt  by  law  from 
execution],  and  bring  the  money  which  you  shall  collect,  sixty  days  from 
the  date  hereof,  before  me,  at  my  office  in  ,  to  render  to  said  over- 

seers. [If  the  drunkard  is  a  male  person,  add  here:  And  if  no  such  goods 
and  chattels,  or  not  sufficient  to  satisfy  this  execution,  can  be  found,  you 
are  further  required  to  take  the  body  of  the  said  A.  B.,  and  convey  liim  to 
the  common  jail  of  said  county,  there  to  remain  until  this  execution  shall 
be  satisfied  and  paid.] 
"Witness  my  hand,  this        day  of  ,  18    . 

[Signature  of]  Justice  of  the  Peace. 


844.  Bxeeution  Against  the  Overseers. 

OOUNTT  OF  ,  8S. 

[As  in  preceding  form  to  the  *,  and  then  add:'\  it  is  found  that  he  is  not 
an  habitual  drunkard ;  and,  inasmuch  as  it  appeared  to  me  that  the  said 
overseers  of  the  poor  did  not  act  in  good  faith,  and  had  not  reasonable 
"ause  to  believe  the  s^id  A.  B.  to  be  an  habitual  drunkard,  I  have  entered 

vlgment  against  the  said  C.  D.  and  E.  F.,  overseers,  for  the  costs  of  the 
did  A.  B.,  amounting  to  the  sum  of  dollars:     You  aee  therefore 

hereby  commanded,  in  the  name  of  the  People  of  the  State  of  New  York, 
to  levy  the  said  costs  [as  in  preceding  form  from  the  f  to  the  end,  in- 
cluding the  imprisonment  clause,  and  varying  as  may  he  requisite]. 


845.  Revocation  hy  the  Overseers,  Where  a  DrunTcard  Reforms. 

Town  of  , ) 

County  of  .  f     ' 

Being  satisfied  that  A.  B.,  respecting  whose  drunkenness  a  notice  has 
heretofore  been  given  by  us  [or,  by  0.  D.  and  E.  F.,  overseers  of  the  poor 
of  said  town],  has  reformed  and  become  temperate,  we  do  hereby  revoke 
and  annul  the  said  notice.  [Signatures  and  titles.] 

[DaU.] 


HIGHWAYS.  437 


Analysis  of  the  Chapter. 


CHAPTER  XLin. 

HIGHWAYS. 

HiGHWATS  are  roads  or  streets  and  bridges,  laid  out  or  erected  by  the  public, 
or  by  others,  and  dedicated  or  abandoned  to  the  public. 

Roads  recorded  as  highways,  according  to  law,  and  any  roads  used  as  such 
for  a  period  of  twenty  years,  are  highways.  By  the  statutes  of  New  York, 
whenever  any  corporation  owning  a  toll-bridge,  or  a  turnpike  or  plankroad, 
is  dissolved  or  discontinues  the  road,  the  bridge  or  road  becomes  a  highway. 

By  taking  or  accepting  land  for  a  highway,  the  public  acquires  only  the 
right  of  way,  and  the  incidents  necessary  to  enjoying  and  maintaining  it,  sub- 
ject to  the  regulation  of  the  towns.  All  trees  within  the  highway,  except  only 
such  as  are  requisite  to  make  or  repair  the  road  or  bridges,  on  the  same  land, 
are  for  the  use  of  the  owner  or  occupant  of  the  land. 

This  whole  subject,  however,  and  the  mode  of  proceeding  to  lay  out,  work, 
alter  and  close  highways,  is  so  fully  regulated  by  the  statutes,  and  there  are 
so  many  peculiar  local  systems  in  the  various  States,  that  the  statute-book  is 
a  safer  guide  than  any  statement  which  such  a  work  as  this  could  give. 

The  following  forms,  though  taken  from  the  practice  pursued  in  New  York, 
will  be  found  useful  guides  elsewhere. 

I.  Appointment  of  Officers  and  Assessment  of  Labor,  etc. 

FAGB 

846.  Bond  of  commissionerb 438 

847.  Approval 439 

848.  Appointment  of  commissioner  to  fill  vacancy 489 

849.  Order  dividing  town  into  road  districts 439 

850.  Appointment  of  overseer  to  fill  vacancy 440 

851.  List  of  persons  to  be  assessed 440 

852.  List  of  non-resident  lands 440 

853.  Assessment  of  highway  labor 441 

854.  Additional  assessment  by  overseer 442 

855.  Appeal  by  non-resident 442 

856.  Notice  to  commissioners,  of  the  appeal 442 

857.  Notice  of  non-resident's  lands  assessed 442 

858.  Complaint  for  refusal  to  work 443 

859.  For  not  furnishing  team , 443 

860.  Summons  upon  foregoing  complaints 444 

861.  Eeturn  of  constable 444 

862.  Conviction 444 

863.  Warrant  for  collection  of  fine 444 

864.  List  of  non-resident  lands  and  unpaid  assessments 445 

865.  Affidavit  thereto 445 

866.  Annual  account  of  overseer 445 

867.  Affidavit  thereto 446 

668.  Annual  account  of  connnissioners 448 

869.  Notice  of  application  for  additional  appropriation 447 

870.  Complaint  of  overseer's  neglect  of  duty *. 447 

871.  Security  for  costs  of  prosecuting 447 

872.  Assessment  of  additional  persons 448 

678.  Appeal  from  asseasment 448 


438  ABBOTTS'  FORMS. 


Analysis  of  the  Chapter. 


II.  Pkooeedings  to  Lay  Out,  Altek  ob  DisooNTiNTrB  Roads. 

FASB 

874.  Application  to  lay  out  new  highway,  with  consent  of  land-owner 448 

875.  Order  thereon 448 

876.  Application  to  alter  highway,  with  consent 449 

877.  Order  thereon 449 

878.  Application  to  lay  out  new  highway,  without  consent 449 

679.  Order  thereon 449 

880.  Affidavit  of  posting 450 

881.  Oaths  of  freeholders 450 

882.  Certificate  of  necessity 450 

883.  Notice  to  occupant  of  land 450 

884.  Order  laying  out  the  road 451 

885.  Order  refusing  to  lay  out  the  road 451 

886.  Agreement  as  to  damages 451 

887.  Kelease  of  damages 452 

888.  Application  for  assessment  of  damages 452 

889.  Order  appointing  commissioners  to  assess 452 

890.  Notice  of  appointment 452 

891.  Oath  of  commissioners 458 

892.  Oath  to  witnesses 458 

893.  Assessment  of  damages 458 

894.  Notice  of  reassessment 458 

895.  Certificate  of  drawing  of  jury 454 

896.  Summons  to  jurors 454 

897.  Verdict 454 

898.  Certificate  thereto 455 

899.  Order  describing  an  old  highway 455 

900.  Determination  of  controversy  between  two  towns 455 

901.  Order  laying  out  highway  on  line  between  two  towns 455 

902.  Application  to  discontinue  road 456 

903.  Oath  of  freeholders 466 

904.  Certificate  of  propriety  of  discontinuing 456 

905-6.  Orders  thereon 456,  457 

907.  Appeal  therefrom 457 

908.  Appointment  of  referees 457 

909.  Notice  of  hearing • 457 

910.  Decision  of  appeal 458 

911.  Notice  to  remove  fences 458 

III.  ENOEOACHMENTa 

912.  Order  to  remove  fences,  etc 458 

913.  Notice  for  same 459 

914.  Denial  of  encroachmer.t , 459 

915.  Precept  to  summon  jury 459 

916.  Notice  of  hearing 459 


I.  Appointment  of  Offiobhs  and  Assessment  of  Labor,  eto. 

846.  Bond  of  Commissioner  of  Highways. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  0.  D.  and  E.  F..  of  the 
town  of  Columbus,  county  of  ,  are  held  and  firmly  bound  unto  Y. 


HIGHWAYS.  439 


Appointment  of  Highway  Officers. 


Z.,  supervisor  of  said  town,  in  the  sum  of  one  thousand  dollars,  to  be  paid 
the  said  Y.  Z.  or  his  successor  in  oflBce,  to  which  payment,  well  and  truly 
to  bo  made,  we  bind  ourselves,  our  and  each  of  our  heirs,  jointly  and  sever- 
ally, firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  this  day  of  ,  18     . 

Whereas  the  said  A.  B.  has  been  duly  elected  [or,  appointed],  a  com- 
missioner of  highways  in  and  for  said  town,  to  serve  for  the  period  of 
year    ,  from  the  day  of  ,  18    [or,  appointed  to  serve  until 

the  day  of  next],  and  until  a  successor  shall  be  elected  or 

chosen :  Now,  theeefoee,  the  condition  of  this  obligation  is  such,  that  if 
the  said  A.  B.  shall  discharge  his  duties  faithfully  as  such  commissioner, 
and  pay  over  to  his  successor,  within  ten  days  after  the  expiration  of  his 
term  of  office,  what  money  may  be  remaining  in  his  hands  as  such  com- 
missioner of  highways,  and  render  a  true  account  to  such,  successor  of  all 
moneys  received  and  paid  out  by  him  as  such  commissioner,  then  the  above 
obligation  to  be  void ;  otherwise,  to  remain  in  fuU  force. 

[Signatures  and  seals.] 

847.  Approval. 

I  APPEOTE  of  the  within  bond  as  to  the  form  and  sufficiency  thereof. 
[Date.]  [Signature  and  title  of  supervisor.] 

848.  Appointment  of  a  Commissioner  to  Fill  a  Vacancy. 

Town  of  ,   ) 

County  of  .    )      * 

Whereas  ,  who  was  duly  elected  [or,  appointed]  a  commissioner 

of  highways  in  and  for  said  town,  to  hold  said  office  until  the  day  of 

,18  ,  has  resigned  [or,  died ;  or,  removed  from  said  town],  and 
by  reason  thereof  a  vacancy  exists  in  the  office  of  commissioner  of  high- 
ways :  Now  WE,  THE  UNDEESIGNED,  the  supcrvisor  and  two  justices  of  the 
peace  [07%  three  justices  of  the  peace]  of  said  town,  do  hereby  appoint  A. 
B.  to  serve  as  such  commissioner  in  the  place  and  stead  of  the  said  , 

until  the  next  annual  meeting  to  be  held  in  said  town. 

Witness  our  hands,  the  day  of  ,  18    . 

[Signatures  and  titles.] 

849.  Order  Dividing  a  Town  Into  Road  Districts. 

The  tTNDEESiGNED,  Commissioners  of  highways  of  the  town  of  [or, 

the  undersigned,  two  of  the  commissioners  of  highways  of  the  town  of 
,  all  the  commissioners  of  said  town],  having  met  and  deliberated  on 
the  subject  embraced  in  this  order  [or  say,  the  undersigned,  two  of  the 
commissioners  of  highways  of  the  town  of  ,  having  met  and  delibei*- 

ated  on  the  subject  embraced  in  this  order,  all  the  commissioners  of  high- 
ways of  said  town  having  been  duly  notified  to  attend  the  said  meeting  of 
the  commissioners  to  deliberate  thereon],  hereby  order  that  the  said  town 
be,  and  it  hereby  is,  divided  into        road  districts,  as  follows — to  wit : 


440  ABBOTTS'  FORMS. 


Appointment  of  Highway  Officers. 


Road  district  No.  1  shall  include  [insert  a  description  including  the  in- 
tended highways,  and  the  inhabitants  on  or  near  the  samel.  And  all  the 
inhabitants  liable  to  work  on  highways  residing  therein  shall  be,  and  are 
hereby,  assigned  to  work  on  said  district  No.  1.  [And  may  add,  The  follow- 
ing inhabitants  residing  out  of  said  district  are  assigned  and  required  to 
work  within  the  same :  here  name  them."] 

[7»  like  manner  designate  district  No.  2,  etc."] 

Witness  our  hands,  this        day  of  ,  18    . 

[Signatures  and  titles.'] 


850.  Appointment  of  Overseer  "by  Warrant  of  Commissioners,  Where  a 
Vacancy  Occurs. 

Town  of  , ) 

County  of  . )     ' 

Whereas  ,  overseer  of  highways  for  road  district  No.  of  said 

town,  has  refused  to  serve  [or  otherwise],  whereby  the  oflBce  is  vacant : 
Now,  THEEEFOBE,  by  virtue  of  the  power  vested  in  us  by  the  statute  in 
such  case  made,  we,  the  undersigned  commissioners  of  said  town  [or,  the 
imdersigned,  two  of  the  -commissioners  of  highways  of  said  town,  all  the 
commissioners  of  said  town],  having  met  and  deliberated  on  the  subject  em- 
braced in  this  warrant  [or  say,  the  undersigned,  two  of  the  commissioners 
of  highways  of  said  town,  having  met  and  deliberated  on  the  subject  em- 
braced in  this  warrant,  all  the  commissioners '  of  highways  in  said  town 
having  been  duly  notified  to  attend  the  said  meeting  of  the  commissioners 
to  deliberate  thereon],  hereby,  in  order  to  fill  such  vacancy,  appoint  A.  B. 
overseer  of  highways  of  and  for  said  road  district  No. 

Witness  our  hands,  this        day  of  ,  18    . 

[Signatures  and  titles.'] 

851.  Overseer^a  List  of  Persons  in  His  District  Liable  to  Highway  Labor, 
To  Be  Delivered  by  Him  to  the  Town  Clerk. 

I,  A.  B.,  overseer  of  highways  for  road  district  No.  ,  of  the  town  of 

,  hereby  certify  that  the  following  is  a  true  list  made  by  me  of  aU 
the  inhabitants  oo  said  road  who  are  liable  to  work  on  the  highways. 
[Date.]  Signature  of]  Overseer. 


852.  List  and  Statement  of  Non-resident  Lands  by  Commissioners. 

The  commissioners  of  highways  of  the  town  of  ,  at  a  meeting  held 

on  the  day  of  ,  18    ,  of  which  due  notice  was  given  to  all  the 

commissioners  of  highways  of  said  town,  have  made  out  the  following  list 
and  statement  of  the  contents  of  all  lots,  pieces  or  parcels  of  land  within 
said  town  of  ,  owned  by  non-residents  therein,  through  which  any 

toad  in  said  town  runs,  or  which  bound  upon  or  join  any  road,  and  which 


HIGHWAYS. 


44:1 


Assessment,  etc.,  of  Highway  Labor  and  Taxes. 


in  the  judgment  of  the  said  commissioners  will  be  enhanced  in  value  by  the 
highway  labor  to  be  assessed  thereon. 


OWNEBS. 


NTIMBEE  OF 
KOAD  DISTEICT. 


DESOBIPTION  OF 
LAND. 


[Date.'] 


[Signatures  o/*]  Commissioners. 


853.  Assessment  of  Highway  Labor. 

At  a  meeting  of  the  commissioners  of  highways  of  the  town  of  , 

held  in  said  town  on  the         day  of  \naming  them],  the  said  commis- 

sioners, having  proceeded  to  ascertain,  estimate  and  assess  the  highway 
labor  to  be  performed  in  their  town  for  the  ensuing  year  [if  only  two  agree 
to  the  assessment,  insert,  the  undersigned,  two  of  said  commissioners],  have 
made  out  the  estimate  and  assessment  for  road  district  No.  ,  in  said  town, 
as  follows: 

[Or,  if  only  two  of  the  commissioners  were  present,  then,  instead  of  the  pre- 
ceding, say :  The  undersigned,  two  of  the  commissioners  of  highways  of 
the  town  of  ,  having  met  in  said  town  on  the        day  of  ,18    , 

and  proceeded  to  ascertain,  estimate  and  assess  the  highway  labor  to  be 
performed  in  their  town  for  the  ensuing  year,  all  the  commissioners  of  high- 
ways of  said  town  having  been  duly  notified  to  attend  the  said  meeting  of 
the  commissioners  for  the  purpose  of  deliberating  thereon,  have  made  out 
the  estimate  and  assessment  for  road  district  No.  ,  in  said  town,  as  fol- 
lows :] 

1.  The  inhabitants  of  said  town  assigned  to  said  road  district  are  assessed 
as  follows — to  wit: 


NAMES. 

NAMES. 

A  B..   .. 

...  1   day. 
...3  days. 

E.  F 

4  days. 

C.  D 

G.  H 

. .     2  days. 

2.  The  lands  owned  by  non-residents  of  said  town,  and  situate  therein, 
are  assessed  as  follows — to  wit : 


owneb's  namb, 

IF  KNOWN. 


DESOBIPTION  OP 
LAND. 


VALUE. 


ASSESSMENT. 


Witness  our  names,  this       day  of  ,  18 


[Signatures  of]  Commissioners. 


442 


ABBOTTS'  FORMS. 


Assessment,  etc.,  of  Highway  Labor  and  Taxes. 


854.  Additional  Assessment  by  An  Overseer. 

The  quantity  of  labor  assessed  on  the  inhabitants  of  road  district  No.        , 
in  the  town  of  ,  being  deemed  by  the  undersigned  insufficient  to  keep 

the  roads  therein  in  repair,  I,  therefore,  in  pursuance  of  the  statute,  hereby 
make  a  further  assessment,  as  follows : 


A.  B 2  days. 

CD 8  days. 


WiTiTESs  my  hand,  this        day  of 


E.  r.. 
G.  H. 


18 


NAMES. 


4  days. 
1  day. 


[Signature  of]  Overseer. 


'!««. 


855.  Appeal  to  the  County  Judge,  iy  ITon-Resident  Owner  of  Lands^  or 
His  Agent,  from  the  Assessment  iy  Commissioners, 

Town  OF 

County  of 

A.  B.,  a  non-resident  owner  [or,  agent  of  0.  D.,  a  non-resident  owner]  of 
lands  in  said  town,  who  considers  himself  aggrieved  in  the  assessment  for 
highway  labor  by  the  commissioners  of  highways  of  said  town,  upon  the 
following  described  lands — to  wit  [here  insert  the  description  as  in  the  list 
or  statement  made  by  the  commissioners],  hereby  appeals  from  the  assess- 
ment of  said  commissioners  to  the  county  judge  of  said  county  of 

[Date.]  [Signature.] 


866.  Notice  by  Owner  or  his  Agent,  to  the  Commissioners,  of  the  Preceding 

Appeal. 

To  [naming  them],  commissioners  of  highways  of  the  town  of  : 

You  are  hereby  notified,  that  considering  myself  aggrieved  by  your 
assessment  for  highway  labor  of  the  land  owned  by  me  in  said  town,  I  have 
this  day  appealed  to  the  county  judge  of  the  county  of  ,  who  will 

hear  and  decide  on  said  appeal  on  the        day  of  ,  at  o'clock  in 

the  noon,  at  .  [Signature.] 

[Date.] 


857.  Notice  by  the  Overseer  as  to  Non-Resident  Lands,  to  be  Affixed  on  the 
Outer  Door  of  the  Building  in  which  the  Last  Town  Meeting  was  Meld. 

I,  the  undersigned,  overseer  of  highways  for  road  district  No.  ,  in 

the  town  of  ,  hereby  give  notice,  that  the  labor  assessed  on  the 

several  tracts  of  land  hereafter  mentioned,  which  have  been  assessed  as 
owned  by  non-residents,  is  to  be  performed  on  the         day  of  next. 


HIGHWAYS.  *  443 


Assessment,  etc.,  of  Highway  Labor  and  Taxes. 


on  the  highway  of  said  district,  between  the  dwelling-houses  of  and 

;  and  the  owners  of  said  land,  or  their  agents,  are  hereby  required 
to  cause  the  said  labor  to  be  performed  accordingly. 


owners'  names. 


DKSCBIFTION   OF   LAND   OE   TEAOT. 


ASSESSMENT. 


[Bate.]  [Signature  of]  Overseer. 


858.  Complaint  Against  a  Person  for  Refusing  to  WorJc. 

Town  of  , ) 

County  of  . )     ' 

I,  A.  B.,  overseer  of  highways  for  road  district  No.  ,  in  said  town, 

hereby  make  complaint  on  oath  to  G.  H.,  a  justice  of  the  peace  of  said 
town,  that  I  gave  Y.  Z.,  who  resides  in  said  district,  and  is  assessed  to 
work  on  highways  therein,  twenty-four  hours'  previous  notice,  to  appear 
with  a  shovel,  on  the  day  of  ,  instant,  at  o'clock         m.,  at 

the  dwelling-house  of  E.  F.,  for  the  purpose  of  working  on  the  highways  in 
said  district,  under  my  direction  as  such  overseer ;  and  that  the  said  Y.  Z. 
neglected  to  appear,  either  in  person,  or  by  an  able-bodied  man  as  a  sub- 
stitute, and  has  also  neglected  to  pay  the  commutation  money  for  said 
work  [or,  appeared,  pursuant  to  notice,  but  worked  only  hours,  and 

then  departed ;  o?-,  appeared,  pursuant  to  notice,  but  remained  idle ;  or,  did 
not  work  faithfully ;  or,  hindered  others  from  working] ;  and  has  not  ren- 
dered any  satisfactory  excuse  to  me  for  such  neglect  [or,  conduct]. 

Sworn  before  me,  this )  [Signature  of]  Overseer, 

day  of  ,18    .) 

[Signature  of  officer.] 


859.  Complaint  Against  a  Person  for  Not  Furnishing  a  Team. 

Town  of  , ) 

County  of  .)  ^^ 

I,  A.  B.,  overseer  of  highways  for  road  district  No.  ,  in  said  town, 

hereby  make  complaint  to  G.  H.,  a  justice  of  the  peace  of  said  town,  that  I 
gave  to  Y.  Z.,  who  resides  in  said  district,  and  is  assessed  to  work 
days  on  the  highways  therein,  and  has  a  cart  [or,  wagon ;  or,  plough],  with 
a  pair  of  horses  [or,  oxen],  and  a  man  to  manage  them,  and  who  has  not 
commuted  for  his  said  assessment,  twenty-four  hours'  previous  notice,  to 
furnish,  on  the        day  of  ,  18    ,  at  o'clock        m.,  at  the  house 

of  E.  F.,  in  said  district,  a  wagon  with  horses  [or,  a  cart  with  a  yoke  of 
oxen],  and  a  man  to  manage  them,  for  the  purpose  of  working  one  day  on 
the  road  in  said  district,  under  my  direction  as  such  overseer;  and  the  said 


444  ABBOTTS'  FORMS. 


Assessment,  etc.,  of  Hiprhway  Labor  and  Taxes. 


Y,  Z.  has  neglected  to  furnish  such  wagon  and  horses  [or,  cart  and  oxen], 
and  a  man  to  manage  them,  and  has  also  neglected  to  pay  the  commutation 
money  for  said  work,  and  has  not  rendered  any  satisfactory  excuse  to  me 
for  such  neglect. 

SwoEfT  [etc.,  as  in  preceding  form]. 

860.  Summons  to  te  Issued  hy  the  Justice  Upon  the  Complaint  of  an  Over- 
seer Against  a  Person  Notified,  for  Refusing  to  Worh, 

Town  of  , ) 

County  of  .  f  *** 

To  any  constable  of  said  town: 

Whereas  complaint  has  been  made  to  me,  the  undersigned,  a  justice  of 
the  peace  of  said  town,  by  A.  B.,  overseer  of  highways  in  road  district 
No.  ,  in  said  town,  that  Y.  Z.,  who  resides  in  said  district,  and  is 

assessed  for  highway  labor,  and  has  been  duly  notified  to  perform  such 
work,  has  neglected  to  appear  in  pursuance  of  such  notice,  either  in  person, 
or  by  an  able-bodied  substitute,  and  perform  such  labor  [or,  as  in  preceding 
forms] :  *  You  are  therefore  hereby  commanded,  in  the  name  of  the 
People  of  the  State  of  New  York,  to  summon  the  said  Y.  Z.  forthwith  to 
appear  before  me,  at  my  office  in  said  town,  to  show  cause  why  he  should 
not  be  fined  according  to  law,  for  such  refusal  or  neglect,  as  in  said  com- 
plaint alleged. 

Given  under  my  hand,  at  ,  this        day  of  ,  18    . 

[Signature  of]  Justice  of  the  Peace. 


861.  Return  of  Gonstalle. 

Served  personally  [or,  by  leaving  a  copy  at  the  personal  abode  of  the 
within-named  Y.  Z.]  [Signature  of]  Constable. 

[Dau:\ 

862.  Conviction  Indorsed  on  the  Complaint. 
Town  of  ,  ) 

County  of  .\    ' 

The  within-named  Y.  Z.  having  been  duly  summoned  to  appear  betore  me, 
to  show  cause  why  a  fine  should  not  be  imposed  on  him  for  the  offence 
charged  in  the  within  complaint,  and  he  not  appearing  [or,  having  ap- 
peared], and  no  sufficient  cause  being  shown  to  the  contrary,  I  hereby  im- 
pose a  fine  of  upon  the  said  Y.  Z.  for  the  said  ofience,  together  with 
costs  of  this  proceeding  against  him. 
Witness  my  hand,  this  day  of  ,  18    . 

[Signature  of]  Justice  of  the  Peace. 

863.   Warrant  for  the  Collection  of  a  Fine  Imposed  for  Neglect  to  WorJc. 

[As  in  Form  860  to  the  *,  continuing  thus :]  And  whereas,  I  thereupon 
issued  my  summons,  requiring  the  said  Y.  Z.  forthwith  to  appear  before 


HIGHWAYS. 


445 


Assessment,  etc.,  of  Highway  Labor  and  Taxes. 


me,  at  my  oflSce,  in  the  said  town,  to  show  cause  why  he  should  not  be 
fined,  according  to  law,  for  such  refusal  or  neglect ;  and  whereas  the  said 
summons  has  been  duly  returned,  served  by  ,  constable,  and  the 

said  Y.  Z.  has  not  appeared  before  me,  or  shown  sufficient  cause  to  the 
contrary,  I  have  imposed  on  him  a  fine  of  for  his  offence  complained 

of  as  aforesaid,  and  ascertained  and  adjudged  the  costs  of  the  proceedings 
on  the  complaint  to  be  : 

Now,  THEREFORE,  you  are  hereby  commanded,  in  the  name  of  the  People 
of  the  State  of  ,  to  levy  the  said  fine,  together  with  ,  the 

costs  and  charges  aforesaid,  of  the  goods  and  chattels  of  the  said  Y.  Z.,  and 
bring  the  moneys  which  you  shall  collect  before  me,  with  this  warrant. 

Given  under  my  hand  and  seal,  this        day  of  ,  18    . 

[Signature  of]  Justice  of  the  Peace.    [Seal.] 


864.  List  of  the  Lands  of  Non-reaidenta  and  of  Persons  Unknown^  on  Which 
the  Labor  Assessed  is  Unpaid^  to  ie  Delivered  to  the  Supervisor. 

A  list  of  all  the  lands  of  non-residents  and  of  persons  unknown,  which 
were  taxed  on  the  lists  of  the  undersigned  overseer  of  highways  for  road 
district  No.  ,  in  the  town  of  ,  on  which  the  labor  assessed 

by  the  commissioners  of  highways  has  not  been  paid,  and  of  the  amount  of 
labor  unpaid.  * 


DESCRIPTION   OF   LAND. 


DATS  ASSESSED. 


DATS   tnrPAID. 


[Date.] 


{Signature  of]  Overseer. 


865.  Affidavit  to  he  Indorsed  on  the  Foregoing  List, 

OOTJNTT  OF  ,  SS. 

A.  B.,  overseer  of  highways  for  road  district  ISo.  ,  in  the  town  of 

,  in  said  county,  being  duly  sworn,  says,  that  in  relation  to  the 
lands  described  in  the  above  Ust,  he  has  given  the  notices  required  by  the 
thirty-third  and  thirty-fourth  sections  of  title  first,  chapter  sixteen,  of  part 
first  of  the  Eevised  Statutes,  and  that  the  labor  for  which  the  said  lands  are 
returned  has  not  been  performed. 

SwoEN  \etc.^  as  in  Form  858].  [Signature.] 


866.  Annual  Account  of  an  Overseer  of  Highways. 

The  annual  account  of  A.  B.,  overseer  of  highways  for  road  district  No. 
,  rendered  to  the  commissioners  of  highways 


in  the  town  of 
of  said  town,  on  the 


day  of 


,  in  the  year  18 


446 


ABBOTTS'  FORMS. 


Assessment,  etc.,  of  Highway  Labor  and  Taxes/ 


1.  The  names  of  all  persons  assessed  to  work  on  the  highways,  in  said^oad 
district  No.  ,  of  which  I  am  overseer,  are  as  follows : 

[^ffere  insert  names.] 

2.  The  names  of  all  those  who  have  actually  worked  on  the  highways, 
with  the  number  of  days  they  have  so  worked,  are  as  follows : 

[Here  give  names,  and  the  number  of  days  worked.] 

3.  The  names  of  all  those  who  have  been  fined,  and  the  snms  in  which 
they  have  been  fined,  are  as  follows : 

[Here  give  names,  and  the  amount  of  fines.]    * 

4.  The  names  of  all  those  who  have  commuted  are  as  follows : 
[Here  give  names,  and  the  amount  paid  by  each.] 

5.  And  the  moneys  arising  from  said  fines  and  commutations  have  been 
expended  by  me,  as  follows : 

[Here  specify  the  items  of  expenditure,  and  the  persons  to  whom  paid.] 

6.  And  the  following  is  a  list  of  all  the  lands  which  I  have  returned  to 

,  the  supervisor  of  said  town,  for  the  non-payment  of  taxes,  and 
the  amount  of  tax  on  each  tract  of  land  so  returned  : 

[Here  give  owner'' s  name,  description  of  lands,  and  amount  of  tax.] 
[Date.]  [Signature  of]  Overseer. 

867.  Affidavit  to  the  Foregoing  Account. 

OODNTT  OF  ,  SS. 

A.  B.,  overseer  of  highways  for  road  district  No.  ,  in  the  town  of 

,  being  duly  sworn,  says,  that  the  preceding  account  is  true  and 
correct. 
SwoBiT  [etc.,  as  in  Form  858].  [Signature.] 


868.  Annual  Account  of  the  Commissioners  of  Highways  Rendered  to  Town 

Auditors. 

The  undersigned,  commissioners  of  highways  of  the  town  of  ,  ren- 

der this  their  annual  account  to  the  Board  of  Town  Auditors,  on  the 
day  of  ,  18    . 

1.  The  labor  assessed  in  said  town,  during  the  year  ending  on  the  date 
hereof,  is  days,  and  the  amount  thereof  performed  is  days,  as 
appears  by  the  account  rendered  to  us  by  the  several  overseers  of  highways 
in  said  town. 

2.  The  said  commissioners  have  received  for  fines  and  commutations  re- 
ceived under  the  statute  relative  to  highways,  the  sum  of  dollars,  as 
fbllows[Aer«  state  them  in  some  such  form  as  this:] 


FBOM  WHOM 
BEOEIVKD. 


ON  WHAT  AOOOUNT. 


AMOUNT. 


HIGHWAYS.  447 


Assessment,  etc.,  of  Highway  Labor  and  Taxes. 


3.  The  improvements  which  have  been  made  on  the  roads  and  bridges  in 
said  town,  during  tl?e  year  immediately  preceding  the  date  of  this  report, 
are  as  follows  {specifying  them].  And  the  roads  and  bridges  in  said  town 
are  [hei'e  state  their  condition,  specifying  whether  they  a/re  in  good  repcm"  or 
otherwise]. 

4.  The  following  improvements  are  necessary  to  be  made  on  the  roads 
and  bridges  in  said  town  [specifying  them], 

5.  And  the  expense  of  making  such  improvements,  beyond  what  the 
labor  to  be  assessed  this  year  will  accomplish,  is  by  us  estimated  at 
dollars. 

Given  under  our  hands,  this        day  of  ,  18    . 

[Signatures  of]  Commissioners. 

869.  ITotiee  of  Application  for  Additional  Appropriation. 

Notice  is  hereby  given  to  the  electors  of  the  town  of  ,  that  the 

undersigned,  commissioners  of  highways,  are  of  opinion  that  the  sum  of 
dollars,  as  now  allowed,  will  be  insuflBcient  to  pay  the  necessary  expenses 
for  the  improvement  of  roads  and  bridges  in  said  town ;  and  that  the  addi- 
tional sum  of  dollars  is  necessary  [here  state  for  what  purpose],  and 
the  undersigned  will  apply  at  the  next  annual  town  meeting  of  said  town 
for  a  vote  authorizing  the  said  sum  of  to  be  raised  for  the  purpose 
aforesaid.  [Signatures  of] 

[Date.]  Commissioners  of  Highways. 

870.  Complaint  to  the  Commissioners  of  Highways  Against  An  Overseer  for 

Neglect  of  Duty. 

To  the  commissioners  of  highways  of  the  town  of  : 

The  complaint  of  A.  B.,  a  resident  of  said  town,  respectfully  shows,  that 
Y.  Z.,  the  overseer  of  highways  for  road  district  No.  ,  in  said  town,  has 
neglected  and  refused  to  warn  the  following  persons  [naming  them]  to  work 
on  the  highways  in  said  district,  after  having  been  required  to  do  so  by  the 
commissioners,  or  one  of  them.  And  the  said  A.  B.  nereby  requires  the 
commissioners  of  highways  aforesaid  to  prosecute  the  said  Y.  Z.  for  the 
said  offence.  [Signatured 

[DaU.] 

871.  Security  To  Be  Given  by  Complainant  to  Commissioners,  To  Indemnify 
Them  Against  the  Costs  of  Prosecuting  the  Complaint  Against  Overseer. 

We,  A.  B.  and  E.  F.,  acknowledge  ourselves  indebted  to  the  commis- 
sioners of  highways  of  the  town  of  in  the  sum  of  dollars,  which 
we  jointly  and  severally  bind  ourselves  to  pay.     [Date.] 

The  condition  of  this  obligation  is  such,  that  if  the  said  A.  B.  does  well 
and  truly  indemnify  the  said  commissioners  of  highways  against  the  costs 
■which  may  be  incurred  in  prosecuting  Y,  Z.,  the  overseer  of  highways  for 
road  district  No.         ,  for  the  penalty  incurred  by  the  said  Y.  Z.  in  the  re- 


448  ABBOTTS'  FORMS. 


Proceedings  to  Lay  Out  or  Alter  Roads. 


fusal  or  neglect  set  forth  in  the  aimexed  complaint,  then  this  ohligation  to 
be  void ;  otherwise,  of  full  force.  [Sijinatures  and  seals.] 

872.  Assessment  by  Overseer,  on  Persons  Left  Out  of  the  List. 

The  following  named  persons  having  been  left  out  of  the  foregoing  [or, 
annexed]  list  for  road  district  No.  ,  in  the  town  of  (they  having 

become  inhabitants  of  said  district  since  said  list  was  made),  I  hereby  assess 
tiie  said  persons  to  work  on  the  highways  in  said  district,  as  follows — viz. : 
A.  B.,  3  days  {etc.]  {Signature  of]  Overseer. 

[Date.] 

873.  Appeal  to  Commissioners  from  Overseer'' s  Assessment. 

To  the  commissioners  of  highways  in  the  town  of  ,  county  of  ; 

Take  notice,  that  I  hereby  appeal  from  the  assessment  made  by  the  over- 
seer of  road  district  No.        for  the  following  reasons  {stating  them], 

[Date.]  [Signature.] 

II.  Peooeedings  to  La.t  Out,  Altbe  and  DisooNrnniB  Eoads. 

874.  Application  to  Commissioners  To  Lay  Out  a  New  Road  Through  Un- 
improved Land,  or  Through  Improved  Land  With  the  Consent  of  the 
Owner. 

To  the  commissioners  of  highways  of  the  town  of  ,  in  the  county 

of  : 

The  undersigned,  a  person  liable  to  be  assessed  for  highway  labor  in 
said  town,  and  residing  therein,  hereby  applies  to  you  to  *  lay  out  a  new 
road  of  the  width  of  rods,  through  land  which  is  not  inclosed,  im- 

proved or  cultivated  [except  as  to  land  of  ,  who  consents  to  the  lay- 

ing out  of  said  road,  and  has  signified  the  same  by  signing  this  petition] ; 
beginning  at  [describing  the  road  by  courses  and  distances,  or  such  objects  and 
hounda/ries  as  make  the  route  sufficiently  definite  and  certain]. 

[Signature^ 

875.  Order  of  Commissioners  To  Lay  Out  a  Highway  Through  Lands  Not 
Inclosed,  Improved  or  Cultivated,  Excepting  in  Part,  and  by  the  Consent 
of  the  Owner  of  That  Part. 

At  a  meeting  of  the  commissioners  of  highways  of  the  town  of  ,  in 

the  county  of  ,  at  the  town-house  in  said  town,  on  the  day  of 

,  18  ,  all  the  said  commissioners  having  met  and  deliberated  on  the 
subject  embraced  in  this  order  {or,  all  the  said  commissioners  having  been 
duly  notified  to  attend  the  said  meeting,  for  the  purpose  of  deliberating 
upon  the  subject-matter  of  this  order],  *  it  is  osdeeed  and  determined  by 
the  said  commissioners  t  that  a  highway  be  laid  out  in  the  said  town,  of 
the  width  of  rods,  on  the  application  of  A.  B.,  and  by  the  consent  o 


HIGHWAYS.  449 


Proceedings  to  Lay  Out  or  Alter  Roads. 


,  through  whose  improved  land  the  said  highway  is  to  pass  for  a 
part  of  the  distance ;  the  residue  of  said  highway  being  through  lands  not 
inclosed,  improved  or  cultivated.  And  the  said  commissioners  have  caused 
a  survey  thereof  to  he  made,  as  follows:  [here  insert  the  description.] 

In  witness  whereof,  the  undersigned  commissioners  of  highways  of  said 
town  have  hereunto  subscribed  their  names,  this        day  of  ,  18    . 

[Signatures  of]  Commissioners. 

876.  Application  To  Alter  a  Road,  Where  the  Alteration  Passes  Through 
Land  Not  Improved,  Inclosed  or  Cultivated,  or  Through  such  Land  iy 
the  Consent  of  the  Owner. 

To  the  commissioners  of  highways  of  the  town  of  ,  in  the  county 

of  : 

We,  the  undersigned  [names'],  residents  of  [or,  liable  to  be  assessed  for 
highway  labor  in]  said  town,  hereby  apply  to  you  to  alter  the  highway 
[here  designate  what  road,  and  insert  a  description  of  the  proposed  alteration 
hy  courses  and  distances,  or  hy  objects  and  boundaries,  so  as  to  render  it  suf- 
ficiently certain  and  definite].  The  proposed  alteration  passes  through 
lands  which  are  not'  improved,  inclosed  or  cultivated  [or,  passes  through 
the  improved  land  of  ,  who  consents  thereto  by  signing  this  petition]. 

[Date.]  [Signatures.] 

877.  Order  of  the  Commissioners  To  Alter  a  Highway. 

[As  in  Form  875  to  thef,  continuing  thtis:]  upon  the  application  and  by 
the  consent  of  ,  through  whose  land  the  alteration  hereafter  described 

is  to  be  made,  that  the  highway  [designating  it,  and  stating  the  alteration — 
e.  g.,  thus :]  leading  from  the  house  of  to  the  house  of  ,  in  said 

town,  be  altered  according  to  the  following  survey,  which  the  commis- 
sioners have  caused  to  be  made  thereof— to  wit :  The  centre  line  of  the 
road  as  altered  is  to  begin  at  the  centre  of  the  present  highway,  opposite 
,  and  to  run  thence  [etc.,  etc.],  and  that  the  said  alteration  be  of  the 
width  of  rods. 

In  witness  [etc.,  as  in  Form  875]. 

878.  Application  to  Lay  out  a  Highway  Through  Improved  Land,  With- 
out the  Consent  of  the  Owner. 

[As  in  Form  874  to  the  *,  continuing  thus :]  to  lay  out  a  highway  in  said 
town,  commencing  at  [here  insert  a  description],  which  said  highway  will 
pass  through  the  improved  [or,  inclosed,  or,  cultivated]  lands  of  ,  who 

do  not  consent  to  the  laying  out  of  the  same. 

[Date.]  [Signature.] 

879,  Notice  of  Application,  and  of  the  Meeting  of  Freeholders,  when  the  In- 
tended Highway  is  Through  Improved  or  Cultivated  Land. 

Notice  is  hereby  given,  that  the  undersigned  has  applied  to  the  Commis- 
29 


460  ABBOTTS'  FORMS. 


Proceedings  to  Lay  Out  or  Alter  Roads. 


sioners  of  Highways  of  the  town  of  ,  in  the  county  of  ,  for  the 

laying  out  of  a  highway,  commencing  [here  insert  description],  and  which 
highway  wUl  pass  through  improved  land  of  ,  [designating  it] ;  and 

that  on  the         day  of  ,  at         o'clock  in  the         noon,  at  the  house 

of  ,  in  said  town,  twelve  freeholders,  duly  qualified  for  that  purpose, 

will  meet  to  examine  the  ground  and  premises,  and  to  certify  with  respect 
to  the  necessity  and  propriety  of  such  highway. 

[Bate.']  [Signature.'] 

880.  Affidavit  of  Affixing  the  Notice  of  Application. 

County  of  ,  ss. 

A.  B.,  of  ,  in  said  ,  being  duly  sworn,  says,  that  he  caused 

notices  in  writing,  of  which  the  within  is  a  copy,  to  be  posted  up  at  , 

,  and  ,  three  of  the  most  public  places  in  said  town,  on  the 

day  of  ,  being  at  least  six  days  before  the  time  specified  therein 

for  the  meeting  of  the  freeholders.  [Signature.] 

SwoEN  [etc.,  as  in  Form  858]. 

881.  Oath  of  Freeholders.(a) 

You,  and  each  of  you,  do  solemnly  swear,  well  and  truly  to  examine  and 
certify  in  regard  to  the  necessity  and  propriety  of  the  highway  applied  for 
through  the  land  of  ,  and  others.    So  help  you  Grod. 

882.  Certificate  of  Necessity. 
Town  OF  ,)     _ 

County  of  . ) 

We,  the  undersigned,  twelve  freeholdei'S  of  the  said  town,  not  interested 
in  the  lands  through  which  the  road  described  in  the  annexed  notice  is  to 
be  laid,  nor  of  kin  to  any  owner  thereof,  having  appeared  at  the  time  and 
place  specified  in  said  notice,  and  having  been  duly  sworn  well  and  truly  to 
examine  and  certify  in  regard  to  the  necessity  and  propriety  of  the  high- 
way applied  for ;  and  having  proceeded  to  and  personally  examined  the 
route  of  sxich  highway,  and  heard  all  reasons  that  were  ofiered  for  and 
against  laying  out  the  same,  hereby  certify  that  we  are  of  opinion  that  the 
highway  applied  for  and  described  in  the  annexed  notice,  is  necessary  and 
proper. 

Witness  out  names,  this        day  of  ,  18    . 

[Signatures^ 

883.  Notice  to  he  Given  ly  the  Commissioners  to  the  Occupant  of  Land 
Through  which  the  Road  is  to  Run. 

To  : 

Please  take  notice,  that  on  the         day  of  >  18    ,  at         o'clock  in 

(a)  For  other  forms  of  oaths  or  affirmations,  see  page  248,  ante. 


HIGHWAYS.  451 


Proceedings  to  Lay  Out  or  Alter  Eoads. 


the         noon,  at  the  house  of  ,  in  the  town  of  ,  we,  the  nnder- 

Bigned,  commissioners  of  highways  of  said  town,  will  meet  to  decide  on 
the  application  of  A.  B.,  for  the  laying  out  [as  in  application],  twelve 
qualified  freeholders,  pursuant  to  the  provisions  of  the  statute,  having  cer- 
tified that  the  road  is  necessary  and  proper. 

[Date.]  [Signatures  of]  Commissioners. 


884.  Order  hy  the  Commissioners  Laying  out  a  Road  Through  Improved 

Land. 

[As  in  Form  875  to  the*,  continuing  thus:]  upon  the  application  of  A.  B., 
a  resident  in  said  town,  and  liable  to  be  assessed  to  work  on  the  highways 
therein,  for  the  laying  out  of  the  highway  hereafter  described,  and  on  the 
certificate  of  twelve  reputable  freeholders  of  said  town,  convened  and  duly 
sworn,  after  due  public  notice,  as  required  by  the  statute,  certifying  that 
such  highway  is  necessary  and  proper ;  and  notice  in  writing,  of  at  least 
three  days,  having  been  given  in  due  form  of  law  to  ,  occupants  of 

the  lands  through  which  the  highway  hereafter  described  is  to  run,  that  the 
undersigned  commissioners  would  meet  at  this  time  and  place  to  decide  ou 
the  application  aforesaid,  and  the  undersigned  having  heard  all  the  reasons 
oflfered  for  and  against  laying  out  such  highway,  it  is  oedeeed,  determined 
and  certified  that  a  public  highway  shall  be,  and  the  same  hereby  is  laid 
out  pursuant  to  said  application,  whereof  a  survey  hath  been  made,  and  is 
as  follows :  [designating  it,  as  in  Form  875]. 

Witness  [etc.,  as  in  Form  875]. 

[Signatures  of]  Commissioners. 


885.  Order  of  Commissioners  Refusing  to  Lay  Out  or  Alter  a  Highway. 

[As  in  Form  875  to  the  t,  continuing  thus:]  that  tho  application  of  A.  B., 
dated  the        day  of  ,  for  the  laying  out  [or,  altering]  of  the  highway 

therein  mentioned,  be,  and  the  same  hereby  is  denied. 

Witness  [etc.,  as  in  Form  875]. 


886.  Agreement  as  to  Damages. 

It  is  hereby  agreed  between  the  commissioners  of  highways  of  the  town 
of  ,  of  the  one  part,  and  Y.  Z.,  of  the  other  part,  that  the  damages 

sustained  by  the  said  Y.  Z.,  by  reason  of  the  laying  out  and  opening  of  a 
highway  through  the  lands  of  the  said  Y.  Z.,  on  the  application  of  A.  B. 
and  others,  by  order  of  the  commissioners,  dated  the  day  of 

be  fixed  and  liquidated  at  the  sum  of  ,  dollars. 

Witness  our  haads,  this  day  of  ,  18    . 

[Signatures  of  owner  and  of  commissioners^ 


452  ABBOTTS'  FORMS. 


Proceedings  to  Lay  Out  or  Alter  Roads. 


887.  Release  of  Damage*  By  the  Owner, 

I  DO  hereby  release  to  the  People  of  the  State  of  ,  all  claim  to 

damages  by  reason  of  the  laying  out  and  opening  of  a  highway  through  my 
lands  in  ,  by  the  commissioners  of  highways. 

Witness  my  hand  and  seal,  this  day  of  ,  18    . 

[Signature  and  seal.] 


888.  Application  to  County  Court  to  Appoint  Commissioners  to  Assess 

Damages. 
To  the  County  Court  of  County : 

The  commissioners  of  highways  of  the  town  of  ,  in  said  county, 

by  an  order  dated  ,  having  laid  out  a  highway  in  said  town,  as  fol- 

lows :  [insert  description.] 

Now,  THEREFORE,  wc,  the  Said  commissioners,  hereby  apply  to  the  said 
court  to  appoint  commissioners  to  assess  the  damages  occasioned  by  the 
laying  out  of  said  highway,  pursuant  to  the  statute  in  such  case  made  and 
provided. 

[Date.]  [Signatures  of]  Commissioners. 


889.   Order  of  Court  Appointing  Commissioners, 

At  a  term  of  the  County  Court  of  the  county  of  ,  held  at  the  court- 

•house  in  the  city  of  ,  on  the  day  of  ,  18    . 

Present —  ,  County  Judge. 

On  reading  and  filiug  the  application  of  ,  commissioners  of  high- 

ways, of  the  town  of  ,  in  said  county,  dated  the  day  of  , 

asking  the  appointment  of  commissioners  to  assess  the  damages  occasioned 
by  laying  out  a  highway,  ordered,  that  ,  and  be  and 

they  hereby  are  appointed  such  commissioners. 


890.  Notice  to  the  Commissioners  of  Their  Appointment,  and  of  Meeting 
With  Highway  Commissioners  to  Assess  Damages. 
To  [names  of  commissioners]  : 

Please  take  notice,  that  you  have  been  duly  appointed,  by  an  order  of  the 
County  Court,  a  copy  of  which  is  hereto  annexed,  commissioners  to  assess 
the  damages  sustained  by  reason  of  the  altering  [or,  laying  out  and  open- 
ing] the  highway  mentioned  and  described  in  said  order;  and  you  are 
hereby  notified  to  meet  with  the  undersigned  commissioners  of  highways 
at  ,  in  the  town  of  ,  in  said  county,  on  the        day  of  , 

18    ,  at  o'clock  in  the  noon,  to  view  the  premises  and  hear  and 

determine  the  matter. 

[Date.]  [Signatures  of]  Commissioners  of  Highways. 


HIGHWAYS.  453 


Proceedings  to  Lay  Out  or  Alter  Eoads. 


891.  Oath  of  Commissioners  to  Assess  Damages. 

County  of  ,  ss. 

I  do  solemnly  swear  [or^  affirm]  that  I  will  support  the  Constitution  of  the 
United  States,  and  tlie  Constitution  of  the  State  of  Few  York ;  and  that  I 
will  faithfully  discharge  the  duties  of  commissioner  to  assess  the  damages 
for  laying  out  \or^  altering]  the  highway  in  the  town  of  ,  in  the 

county  of  ,  commencing  at  {briefly  designating  it\  according  to  the 

best  of  my  ability. 
-  SwoEN  [etc.,  as  in  Form  858].  ISignatnre.] 

892.  Oath  to  he  Administered  hy  the  Commissioners  to  Witnesses.(h) 

You  do  solemnly  swear,  that  the  evidence  you  shall  give  touching  the 
assessment  of  damages  for  the  laying  out  [or,  altering]  the  highway  here  in 
question,  shall  be  the  truth,  the  whole  truth  and  nothing  but  the  truth.  So 
help  you  God. 

893.  Assessment  dy  Commissioners. 

The  undersigned  having  been  appointed,  by  an  order  of  the  County 
Court  of  County,  dated  ,  on  the  application  of  the  commis- 

sioners of  highways  of  the  town  of  ,  in  said  county,  commissioners  to 

assess  the  damages  occasioned  by  the  laying  out  [or,  altering]  of  a  highway 
in  the  said  town,  beginning  at  [insert  description],  which  highway  passes 
through  the  improved  lands  of  ,  as  laid  out  by  said  highway  com- 

missioners, by  an  order  dated  :  Now,  therefore,  the  said  commis- 

sioners having  been  duly  qualified,  and  having  all  met  and  acted  on  the 
said  assessment  at  ,  in  said  town  of  ,  this  day  of  , 

18  ,  pursuant  to  a  notice  from  said  commissioners  of  highways,  according 
to  law,  and  having  viewed  the  premises,  and  heard  the  allegations  of  the 
parties  and  the  evidence  of  the  witnesses,  we,  the  undeesignkd,  thereupon 
determine  and  assess  the  damages  required  to  be  assessed  on  the  said  high- 
way, as  follows :  the  damages  of  at  dollars  [etc.] 

[Date.]  [Signatures  of]  Commissioners. 

894.  Notice  for  Reassessment  where  Party  is  Aggrieved. 

Considering  myself  [or,  ourselves]  aggrieved  by  the  assessment  of  damages 

made  by  ,  commissioners  appointed  by  the  County  Court  to  assess 

damages  occasioned  by  the  laying  out  of  a  highway  in  the  town  of  , 

which  said  assessment  was  filed  in  the        clerk's  office  of  said  town,  on  the 

day  of  ,18,1  [or,  we]  hereby  demand  a  jury  to  reassess 

the  said  damages ;  and  such  jury  will  be  drawn  at  the  clerk's  office  of  the 

town  of  ,  in  said  county,  adjoining  said  town,  on  the  day  of 

,18    ,  by  the  town  clerk  of  said  last-named  town. 

[Date.]  [Signature.^ 

(b)  For  other  forms  of  oaths,  see  page  22,  ante. 


^54  ABBOTTS'  FORMS. 


Proceedings  to  Lay  Out  or  Alter  Knads. 


895.   Certificate  of  Drawing  of  Jury  ty  Town  Clerk. 

The  undersigned,  town  clerk  of  the  town  of  ,  in  the  county  of  , 

hereby  certify  that  on  the        day  of  ,  18     ,  at  my  office  in  said  town, 

the  following  names  of  twelve  persons  were  drawn  by  me  from  a  box  con- 
taining the  names  of  all  such  persons,  now  residents  of  said  town,  whose 
names  are  on  the  last  list  filed  in  the  town  clerk's  oflBce  of  said  town,  ot 
those  selected  and  returned  as  jurors,  pursuant  to  the  provisions  of  the  Re- 
vised Statutes,  they  not  being  interested  in  the  lands  through  which  passes 
the  road  in  the  town  of  ,  laid  out  by  the  commissioners  of  highways, 

on  the        day  of  ,  nor  of  kin  to  any  of  the  persons  interested  in 

said  lands;  the  said  twelve  names  being  so  drawn  by  me  to  make  a  jury  to 
reassess  the  damages  occasioned  by  the  laying  out  of  the  said  highway — to 
wit  [naming  them].  [Signature  of]  Town  Clerk. 

[Bate.] 

896.  Summons  ly  the  Justice  to  the  Jurors. 
County  op  ,  ) 

Town  of  ..)**■ 

To  any  constable  of  the  town  of  ,  in  said  county,  greeting: 

You  are  hereby  commanded  to  summon  [name  all  the  jurors  drawn], 
jurors  regularly  drawn  by  ,  town  clerk  of  the  town  of  ,  to  re- 

assess the  damages  for  laying  out  [or  as  the  case  may  he]  the  highway 
[describe  the  highway,  as  in  the  certificate  of  drawing],  to  meet  at  the  house 
of  ,  in  the  town  of  ,  aforesaid,  on  the        day  of  next  [or, 

instant],  at  o'clock  in  the        noon  of  that  day,  for  the  purpose  above 

specified.     And  have  you  then  there  this  precept. 

Given  under  my  hand,  this        day  of  ,  18    . 

[Signature  of]  Justice  of  the  Peace. 


897.   Verdict  of  the  Jury. 

OOTINTY  OP  , ) 

Town  of  .S     ' 

"We,  the  undersigned,  the  jurors  drawn,  summoned  and  sworn  to  re- 
assess the  damages  for  laying  out  [or  as  the  case  mxiy  be]  the  highway 
[describe  the  highway],  in  pursuance  of  the  order  of  ,  commissioner  of 

highways  in  t.nd  for  the  town  of  ,  bearing  date  the        day  of  , 

18  ,  having  viewed  the  premises,  and  heard  the  parties,  and  such  wit- 
nesses as  were  offered  before  us,  hereby  reassess  the  damages  aforesaid,  as 
follows:    To  ,  the  sum  of  dollars,  for  the  damages  sustained  by 

him  by  reason  of  the  laying  out  [or  as  the  case  may  be]  the  said  highway; 
to  ,  the  sum  of^  etc.  [specifying  all  the  parties  to  whom  damages  may 

be  awarded]. 

In  witness  wheeeof,  \Te  have  hereunto  set  our  hands,  this  day 
of  ,18     .  [Signatures)  . 

of  the]    ) 


HIGHWAYS.  465 


Proceedings  to  Lay  Out  or  Alter  Roads. 


898.   Certificate  of  the  Justice. 
County  of  , ) 

Town  of  .J 

I,  G.  H.,  one  of  the  justices  of  the  peace  of  the  said  town,  do  certify  that 
the  above  is  the  verdict  of  the  jury  summoned  by  my  summons,  and  drawn 
and  sworn  by  me  to  determine  and  reassess  the  damages  for  the  laying  out 
\or  as  the  case  may  be]  the  highway  mentioned  in  the  said  verdict. 

Given  [etc.,  as  in  Form  896]. 

899.  Order  Ascertaining  and  Describing  an  Old  Highway. 

[As  in  Form  875  to  the  *,  continuing  thus  :\  it  appearing  to  the  said  com- 
missioners that  the  road  in  said  town,  used  as  a  highway,  leading  from 
to  ,  has  been  laid  out,  but  not  sufficiently  described  of  record  [or,  has 

been  used  as  a  public  highway  for  twenty  years,  but  has  not  been  recorded]: 
IT  IS  ORUEEED  by  the  said  commissioners,  that  the  said  road  be  ascertained, 
described  and  entered  of  record ;  and  that  the  description,  courses  and  dis- 
tances of  said  road  be  according  to  a  survey  which  they  have  caused  to  be 
made  of  the  same,  as  follows :  [insert  survey],  and  that  the  line  of  said  survey 
be  the  centre  of  said  road,  and  said  road  be  of  the  width  of  rods. 

W ITNESS  [etc.,  as  in  Form  876]. 

900.  Determination  on  a  Subject  of  Disagreement  Between  the  Commissioners 

of  Two  Towns,  Relating  to  a  Road  Extending  Into  Both. 

At  a  JOEfT  MEETING  of  the  commissioners  of  highways  of  the  towns 
of  and  respectively,  in  the  county  of  ,  held  at  ,  on 

ihe        day  of  ,  18    ,  upon  the  request  of  the  said  commissioners  for 

the  town  of  ,  for  the  purpose  of  making  a  determination  upon  the 

subject  of  a  disagreement  between  the  said  commissioners  relative  to  laying 
out  [or,  altering]  a  road  hereinafter  described,  and  extending  into  both  the 
said  towns,  the  said  commissioners  hereby  determine  that  the  said  road  be 
laid  out  [or,  altered]  as  foUows  :  [here  set  forth  the  manner.] 

"Witness  [etc.,  as  in  Form  875]. 

901.  Order  of  Commissioners  Laying  Out  a  Highway  on  the  Line  Between 

Two  Towns, 

At  a  joint  meeting  of  the  commissioners  of  highways  of  the  towns  of 
and  respectively,  in  the  county  of  ,  held  at  , 

on  the  day  of  ,  18    ,  for  the  purpose  of  laying  out  a  highway 

upon  a  line  between  the  said  towns,  two  of  the  commissioners  of  each  of 
the  said  towns  being  present,  it  is  ordered  and  determined  by  the  said 
commissioners,  that  a  highway  be  laid  out  upon  the  line  between  the  said 
towns,  or  as  near  thereto  as  the  convenience  of  tlie  ground  will  admit, 
according  to  a  survey  thereof,  which  the  said  commissioners  have  caused 
to  be  made  as  follows :  [insert  survey] ;  and  that  the  said  line,  as  above  de- 


456  ■  ABBOTTS'  FORMS. 


Proceedings  to  Discontinue  Roads, 


scribed,  be  the  centre  of  the  said  highway,  and  that  the  said  highway  be  of 
the  width  of  rods.     It  is  further  ordered,  that  the  said  highway  bo 

divided  into        road  districts,  as  follows :  the  part  from  to 

shall  be  one  of  the  said  road  districts,  and  shall  be  allotted  to  the  said  town 
of  ,  and  the  part  from  to  shall  be  the  other  of  the  said 

road  districts,  and  shall  be  allotted  to  the  said  town  of 
WiTNKSS  [etc.,  as  in  Form  875], 

902.  Application  to  Discontinue  an  Old  Road. 

To  the  Commissioners  of  Highways  of  the  town  of  ,  in  the  county 

of  : 

The  undebsigned,  a  resident  of  said  town,  liable  to  be  assessed  for  high- 
way labor,  hereby  applies  to  you  to  have  the  old  road  in  said  town  [here 
designate  it,  giving  the  termini]  discontinued,  on  the  ground  of  its  having 
become  useless  and  unnecessary. 

[Date.l  [Signature.'] 

903.  Oath  of  Freeholders,  Upon  Application  for  the  Discontinuance  of 

a  Road.{c) 
You,  and  each  of  you,  do  swear,  that  you  will  well  and  truly  examine 
and  certify  in  regard  to  the  propriety  of  the  discontinuance  of  the  road  for 
which  A.  B.  has  made  application.    So  help  you  God. 

904.  Certificate  of  Freeholders  for  the  Discontinuance  of  an  Old  Road. 

We,  the  XJNDEK8I6NED,  disinterested  freeholders  of  the  town  of  , 

having  met  at  the  ,  on  this        day  of  »  18    ,  pursuant  to 

the  summons  of  the  commissioners  of  highways  of  said  town,  in  order  to 
examine  and  certify  in  regard  to  the  propriety  of  discontinuing  the  road 
described  in  the  annexed  application,  having  been  duly  sworn,  and  having 
viewed  said  road,  certify  that  the  same,  in  our  opinion,  is  useless  and  un- 
necessary. 

Witness  [etc.,  as  in  Form  882]. 

905.   Order  of  Commissioners  for  Discontinuing  a  Road. 

[As  in  Form  875  to  the  *,  continuing  thus:]  upon  the  application  of  A. 
B.,  of  said  town,  for  the  discontinuance  of  the  road  hereinafter  described, 
and  on  the  certificate  of  twelve  disinterested  freeholders  duly  summoned 
and  sworn,  who  have  in  due  form  certified  that  said  road  t  is  useless  and  un- 
necessary, and  the  said  commissioners  having  caused  a  survey  of  said  road  to 
be  made  as  follows :  [here  insert  the  suney] ;  it  is  ordered  and  determined 
by  the  said  commissioners,  that  the  s£ud  road  be,  and  the  same  hereby  is 
discontinued. 

In  witness  [etc.,  as  in  Form  875]. 

(c)  For  other  forms  of  oaths  and  affirmations,  see  page  248,  ante. 


HIGHWAYS.  457 


Appeals. 


906.  Order  Refusing  to  Discontinue  a  Road. 
[As  in  the  preceding  form,  substituting  for  the  words  following  the^  these 
words:']  is  necessary  for  the  accommodation  of  the  public  and  various  per- 
sons living  in  that  part  of  tlie  town,  it  is  ordered  and  determined  by  the 
said  commissioners  that  the  application  to  discontinue  the  said  road  be  re- 
fused. 

907.  Appeal  to  the  County  Court. 

To  the  county  judge  of  the  county  of  : 

Please  take  notice,  that  considering  myself  aggrieved  by  the  order  of  the 
commissioners  of  highways  for  the   town  of  ,  in  said  county,  of 

which  a  copy  is  hereto  annexed,  I  hereby  appeal  to  you  therefrom,  and  ask 
that  referees  be  appointed,  pursuant  to  the  statute,  to  hear  and  determine 
said  appeal.  This  appeal  is  brought  to  reverse  said  order  entirely  [or  as 
to  a  specified  part],  on  the  ground  that  [here  state  the  ground  of  error]. 

IDate,}  [Signature.] 

908.  Appointment  of  Referees. 

A.  B.,  of  [and  C.  D.,  of  ],  having  appealed  from  the  de- 

termination  of  the  commissioners  of  highways  of  ,  made  on  the 

day  of  5  18     ,  in  laying  out  [or,  refusing  to  lay  out ;  or,  alter- 

ing ;  or,  discontinuing]  a  highway  therein,''?  particularly  described  in  the 
notice  of  appeal,  and  sixty  days  having  now  elapsed  since  such  determina- 
tion was  filed  in  the  office  of  the  town  clerk  of  :  Now,  inKEEFORE, 
I,  M.  N.,  county  judge  of  said  county,  hereby  appoint  [here  insert  names], 
residents  of  the  town  of  ,  and  disinterested  freeholders,  who  have 
not  been  named  by  any  of  the  parties  interested  in  said  appeal,  as  referees, 
to  hear  and  determine  all  the  appeals  that  have  been  brought  in  relation  to 
said  determination. (<Z)                                                [Signature  and  title.] 

[Date.] 

909.  Notice  By  the  Referees  of  the  Hearing. 

To  the  commissioners  of  highways  of  the  town  of  : 

Please  take  notice,  that  the  undersigned  referees,  duly  appointed  by  M. 
N.,  county  judge  of  County,  to  hear  and  determine  an  appeal  made 

to  the  said  judge  by  A.  B.,  of  the  town  of  ,  from  the  determination 

of  the  highway  commissioners  of  ,  made  on  the        day  of  , 

18    ,  and  filed  in  the  town  clerk's  oflBce  of  said  town,  on  the  day  of 

,  18     ,  laying  out  [or,  refusing  to  lay  out;  or,  altering;  or,  dis- 
continuing] the  road  in  said  order  described,  will  meet  at  ,  in  said 
town  of               ,  on  tlie        day  of             »  18    ,  at       o'clock  in  the 
noon,  to  hear  and  determine  said  appeal. 

[Date.]  [Signatures^ 

[Address  to  commissioners 
and  to  appellants.] 

(d)  Where  several    persons  separately    osway  v.  Winant,  34  Barb.,  578  ;  S.  C,  18 
appeal,  there  should  be  but  one  set  of  wS-    Abbotts^  Fr.,  216. 
erees,  one  hearing  and  one  order.    Dis- 


458  ABBOTTS'  FOKMS. 


Proceedings  to  Remove  Encroachinents. 


910.  Decision  By  ths  Referees  Upon  the  Appeal. 

\^As  in  Form  908  to  the  *,  continuing  thus:"]  contained  in  their  order 
of  that  date,  filed  in  said  town  clerk's  office,  a  copy  of  the  notice  of  wliich 
appeal  is  hereto  annexed  ;  and  the  undersigned  having  been  duly  appointed 
by  the  county  judge,  referees  to  hear  and  determine  the  said  appeal,  at- 
tended at  ,  in  the  town  of  ,  on  the  day  of  >  18  , 
at  o'clock  in  the  noon,  pursuant  to  notiee  by  us  duly  given  to  the 
several  parties,  according  to  the  statute;  and  having  heard  the  proofs  and 
allegations  of  the  several  parties,  and  due  deliberation  thereon  being  had, 
we  hereby  decide,  adjudge  and  determine,  that  the  said  order  and  deter- 
mination of  the  said  commissioners  be,  and  the  same  is  in  all  things  reversed* 
[or,  in  all  things  affirmed;  or,  is  reversed  in  part;  or,  affirmed  in  pai't,  as 
follows:  set  forth  the  part  reversed];  [and  if  the  road  is  to  he  laid  out  by 
the  referees,  add:  and  we  do  further  order  and  determine,  that  the  said 
highway  be  laid  out  in  accordance  with  the  application  of  the  said  A.  B., 
and  the  same  is  hereby  described  as  follows :  insert  description]. 

"Witness  [etc.,  as  in  Form  875]. 

911.  Notice  to  Occupant  of  the  Land  to  Remove  His  Fences 

Please  take  notice,  that  the  undersigned  commissioners  of  highways  of 
the  town  of  [or,  referees  appointed  by,  etc.],  having,  by  an  order 

duly  made,  and  filed  with  the  town  clerk,  dated  the        day  of  ,  18     , 

laid  out  [or,  altered  the  course  of]  a  public  highway  through  your  inclosed 
lands,  hereby  require  you  to  remove  your  fences  from  within  the  bounds  of 
said  highway  within  sixty  days  after  the  service  of  this  notice. 

[Date.]  [Signatures  of]  Commissioners. 

[Address.] 

in.   ENOEOAOHMEirrS. 

912.  Order  by  the  Commissioners  To  Remove  Fences  Encroaching  On  the 

Highway. 

[As  in  Form  875  to  the  *,  continuing  thus:]  having  ascertained  that  the 
public  highway  in  said  town,  leading  from  to  ,  is  encroached 

upon  and  obstructed  on  the  side  thereof,  along  the  lands  in  the  occu- 

pation of  A.  B.,  by  a  fence  which  forms  part  of  the  inclosure  of  said  land  ; 
and  having  caused  the  said  highway  to  be  surveyed,  and  having  ascertained 
the  true  bound  and  limit  thereof  on  that  side  to  be  upon  the  following  line 
[here  insert  the  survey  of  the  line  over  which  the  encroachment  is  made\  and 
that  the  strip  of  land  which  lies  between  the  said  fence  and  the  line  above 
described  is  a  part  of  the  public  highway  aforesaid:  it  is  oedeeed  by  the 
commissioners  of  highways  of  said  town,  that  the  said  fence  be  removed, 
so  that  the  highway  be  open  and  unobstructed,  and  of  the  breadth  origi- 
nally intended,  which  was  rods. 

Witness  [etc.^  as  in  Form  875]. 


HIGHWAYS.  459 


Encroachments. 


913.  Notice  to  Occupant  To  Bemove  EncroacTiment. 

Please  take  notice,  that  an  order,  of  which  a  copy  is  hereto  annexed, 
has  been  duly  made  by  the  commissioners  of  highways  of  the  town  of  , 

and  you  are  required,  according  to  the  statute,  to  remove  the  fence  therein 
mentioned  within  sixty  days  after  service  of  this  notice. 

[Date.l  [Signatures  o/]  Commissioners. 

[Address.] 

914.  Denial  o/  Encroachment  hy  the  Occupant. 

To  the  commissioners  of  highways  of  the  town  of  : 

Please  take  notice,  that  I  deny  that  the  highway  is  encroached  upon  as 

stated  iu  the  order  made  by  you,  dated  ,  18    ,  and  referred  to  ia 

your  notice  to  me,  dated  ,18    ,  or  in  any  way  or  manner  encroached 

upon,  along  the  lands  occupied  by  me. 

[Date.]  [Signatv/re.'] 

[Address.] 


:\ 


915.  Precept  To  Summon  Jury.,  in  Case  of  An  Eneroachment.(e) 

CoUNTT  OF 

Town  of 
To  any  constable  of  the  said  town,  greeting : 

You  are  hereby  commanded  to  summon  twelve  freeholders  of  the  said 
town  of  ,  to  meet  at  the  house  of  ,  in  said  town,  on  the        day 

of  instant,  at        o'clock  in  the        noon,  to  inquire  whether  any  en- 

croacliraent  has  been  made,  and  by  whom,  on  the  highway  running  by  [or, 
through]  the  land  now  occupied  by  A.  B.,  in  said  town ;  and  to  give  at 
least  three  days'  notice  to  the  commissioners  of  highways  of  said  town,  and 
to  A.  B.,  of  the  time  and  place  at  which  the  said  freeholders  are  to  meet ; 
and  have  you  then  there  the  names  of  the  freeholders  summoned  by  you, 
and  this  precept. 

Given  under  my  hand,  this        day  of  ,  18    . 

[Signature  of]  Justice  of  the  Peace. 


916.  Notice  to  the  Commissioners  and  Occupant.,  of  the  Meeting  of  Jury. 

Please  take  notice,  that  twelve  persons,  freeholders  of  the  town  of 
,  have  been  duly  summoned  to  meet  at  the  house  of  ,  in  said 

town,  on  the        day  of  »  18    ,  at        o'clock  in  the        noon,  to  in- 

quire in  regard  to  the  alleged  encroachment  upon  the  highway  in  said 
town,  where  it  runs  through  [or,  by]  the  lands  occupied  by  A.  B. 

[Date.]  [Signature  of  ]  Constable. 

[Address.] 

(e)  By  a  recent  statute  in  New  York,    be    entered    and    enforced    accordingly, 
the  issue  in  such  cases  is  to  be  tried  as    Laws  of  1862,  440,  ch.  248. 
issues  in  civil  actions,  and  judgment  to 


460  ABBOTTS'  FORMS. 


Homesteads. 


CHAPTEK  XLIV. 

HOMESTEADS. 

The  Homestead  law  of  the  United  State8(a)  gives  to  every  person  wto  is  the 
head  of  a  family,  or  who  is  21  years  of  age,  and  is  a  citizen  of  the  United 
States,  or  has  declared  his  intention  of  becoming  such,  and  who  has  done  no 
disloyal  act,  direct  or  indirect,  and  any  such  person  who,  though  a  minor,  has 
served  not  less  than  fourteen  days  in  the  army  or  navy  of  the  Uniied  States, 
either  regular  or  volunteer,  during  actual  war,  domestic  or  foreign,  has  the 
right  to  enter  one  quarter-section,  or  a  less  quantity,  of  unappropriated  public 
land,  upon  which  he  may  have  filed  a  pre-emption  claim,  or  which,  at  time  of 
application,  is  subject  to  pre-emption  at  $1.35  per  acre  ;  or  eighty  acres,  or  less, 
of  such  unappropriated  lands  at  $2.50  per  acre.  The  land  must  be  located  in 
one  body,  in  conformity  to  the  legal  subdivisions  of  the  public  lands,  and  after 
the  same  shall  have  been  surveyed.  Any  person  owning  and  residing  on  lend 
may  enter  contiguous  land,  whiqji,  with  that  already  owned  and  occupied,  shall 
not  exceed  in  the  aggregate  one  hundred  and  sixty  acres. 

The  application  must  be  filed  with  the  register  of  the  proper  Land-office,  and 
designate  the  tract  desired  to  be  entered.  The  applicant  must  also  file  his 
affidavit,  to  be  taken  before  the  register  or  receiver,  setting  forth  the  facts 
which  bring  his  case  within  the  requirements  of  the  law. 

The  patent  will  issue  after  five  years'  settlement.  Lands  acquired  under 
this  act  are  not  liable  for  debts  contracted  prior  to  the  issuing  of  the  patent. 
Abandonment  of  the  land  for  more  than  six  months,  at  any  time  within  the 
five  years,  causes  forfeiture. 

Exemption  of  Homesteads. — By  the  laws  of  some  of  the  States,  homesteads 
owned  by  the  heads  of  families,  and  occupied  by  them,  are  exempt  from  sale 
on  execution. 

The  statute  of  New  York(6)  enables  the  householder  having  a  family  to  se- 
cure such  an  exemption  by  having  the  conveyance  to  him  drawn  so  as  to  show 
that  the  property  is  designed  to  be  held  as  a  homestead ;  or,  if  already  pur- 
chased, or  the  conveyance  does  not  show  such  design,  a  notice  that  the  same 
is  designed  to  be  so  held  must  be  executed  and  acknowledged  by  the  ijferson 
owning  the  property,  which  shall  contain  a  full  description  thereof,  and 
must  be  recorded  in  the  office  of  the  clerk  of  the  county  in  which  the 
property  is  situated.  The  exemption  does  not  extend  to  sales  for  non-payment 
of  taxes  or  assessments,  or  for  a  debt  contracted  for  the  jjurchase  of  the  prop- 
erty, or  prior  to  the  recording  of  the  deed  or  notice,  or  for  any  debt  contracted 
on  or  before  the  10th  of  April,^1850.  Nor  does  the  exemption  extend  to  a 
cause  of  action  for  a  tort. 

The  exemption  is  a  mere  personal  privilege,  which  the  statute  secures  to  the 
debtor,  and  to  his  widow  and  children  after  his  decease  ;  and  does  not  run  with 
the  land,  and  cannot  be  transferred  to  another  with  the  land. 

If,  in  the  opinion  of  a  sheriff  holding  an  execution  against  such  householder, 
the  premises  claimed  as  exempt  exceed  one  thousand  dollars  in  value,  he  is  to 
summon  six  jurors  to  appraise  them. 


(a)  Lawt  of  1862,  12  Stat,  at  Z.,  892;        (J)  Lawtof\%bQ,  ch.  260. 
and  of  1864,  IZ  lb.,  85. 


HOMESTEADS.  461 


Application  to  Enter  Public  Land. 

I.  EnTBY  ok  PtJBLIO  LANDS  FOR  HOMESTEADS.  PAQB 

917.  Application  to  secure  a  homestead 461 

918.  The  same  ;  by  absent  soldier  or  sailor 46 1 

919.  Certificate  of  register 462 

920.  Affidavit  of  applicant  for  homestead 462 

II.  Exemption  from  execution  fob  debt. 

921.  Notice  of  design  to  hold  homestead  exempt 463 

922.  Acknowledgment  of  the  foregoing , 468 

923.  Clause  in  a  deed  securing  exemption 463 

924.  Waiver  of  exemption 468 

925.  Oath  of  jurors  summoned  to  appraise  homestead 463 

926.  Finding  of  the  jury,  setting  off  part  of  the  land 464 

927.  The  same  ;  where  the  property  cannot  be  divided 464 

928.  Notice  of  the  foregoing  to  the  debtor 464 


I.  Entet  of  Public  Lands  foe  Homestead. 

917.  Application  To  Secure  a  Homestead. 

Application)  Land-office  at  , 

No.        .    i  [Date.] 

I,  A.  B.,  of  ,  do  hereby  apply  to  enter,  under  the  provisions  of  the 

act  of  Congress  approved  May  20,  1862,  entitled  "An  Act  to  secure  home- 
steads to  actual  settlers  on  the  public  domain,"  and  the  acts  amending  the 
same,  the  of  section  in  township  of  range  ,  con- 

taining acres  \in  pre-emption  cases  add.,  having  filed  my  pre-emption 

declaration  thereto  on  the        day  of  ,18    ].  [Signature^ 


918.  The  Same;  By  Absent  Soldier  or  Sailor. 

Application)  State  of  ,  County  of 

No.        .    )  [Date.] 

I,  A.  B.,  of  ,  being  in  the  military  [or,  naval]  service  of  the  IJnited 

States,  do  hereby  apply  to  enter,  under  the  provisions  of  the  act  approved 
March  21,  1864,  amendatory  of  the  Homestead  act  approved  May  20,  1862, 
and  for  other  purposes,  a  certain  tract  of  land  which  0.  B.  my  wife  [or 
other  duly  authorized  7'epresentative]  is  hereby  authorized  to  designate,  at 
the  foot  of  this  application,  as  my  homestead,  and  which  I  hereby  agree  to 
hold  as  my  own  selection.  [Signature.] 

Attest:  M.  N.,  Commanding  Officer  at 
[Rank  and  service.] 

I,  0.  B.,  wife  [or  other  duly  authorized  representative]  of  A.  B.,  as  named 
in  the  foregoing  application,  No.  ,  do  hereby  designate  the  tract  selected 
for  his  homestead  as  the  section,  township  ,  range  ,  con- 

taining acres. 

Witness  my  hand,  this        day  of  ,  18    ,  [Signature.] 


462  ABBOTTS'  FORMS. 


Homestead  8. 


919.  Certificate  of  Register. 

Land-offiok  at  , 

[Date.] 

I,  ,  register  of  the  Land-office,  do  hereby  certify  that  the  above  ap- 

plication is  for  surveyed  lands  of  tlie  class  which  the  applicant  is  legally 
entitled  to  enter  under  the  Homestead  act  of  May  20,  1862,  and  that  there 
is  no  prior,  valid  adverse  right  to  the  same.  [Signature  of]  Register. 


920.  Affidavit  of  Applicant  for  Homestead. 

Lant)-offioe  at  , 

[DaU.] 

I,  A.  B.,  of  ,  having  filed  [or,  being  now  in  the  military — or,  naval — 
service  of  the  United  States,  and  proposing  to  file]  my  application,  No.  , 
for  an  entry  under  the  provisions  of  the  act  of  Congress,  approved  May  20, 
1862,  entitled  "An  Act  to  secure  homesteads  to  actual  settlers  on  the 
public  domain,"  and  the  acts  amending  the  same,  do  solemnly  swear  that 
[here  state  whether  applicant  is  the  head  of  a  family,  or  over  twenty-one 
years  of  age  ;  whether  a  citizen  of  the  United  States,  or  has  fled  his  declara- 
tion of  intention  of  becoming  such ;  or,  if  under  twenty-one  years  of  age, 
that  he  has  served  not  less  than  fourteen  days  in  the  army  or  navy  of  the 
United  States  during  actual  war  ;  and  add  in  all  cases ;]  that  he  has  never 
borne  arms  against  the  Government,  or  given  aid  and  comfort  to  its  ene- 
mies ;  that  said  application,  No.  ,  is  made  for  his  [or,  her]  exclusive  use 
and  benefit ;  and  that  said  entry  is  made  for  the  purpose  of  actual  settle- 
ment and  cultivation,  and  not,  directly  or  indirectly,  for  the  use  or  benefit 
of  any  other  person  or  persons  whomsoever. 

Sworn  to  and  subscribed,  this        day )  [Signature.] 

of  ,  18    ,  before  ) 


[Signature  of]  Register  [or.  Receiver] 
of  the  Land-office,  (c) 


(c)  The  act  of  1864  (§  3)  relieves  parties  Then  the  clerk  of  the  county  administer- 

from  personal  attendance  at  the  district  ing  the  oath  must  certify  under  seal  as  to 

land-office,  in  making  homestead  entries,  the  making  of  the  affidavit,  and  also  as  to 

who  are  prevented  from  such  attendance  the  actual  residence  of  the  party  in  the 

by  reason  of  distance,  bodily  infirmity,  or  county. 

other  good  cause.    This  class  of  persons  If  the  affidavit  is  made  by  a  person  ab- 

the  law  allows  to  make  the  affidavit  re-  sent  in  the  service,  it  may  be  made  before 

quired  by  the  original  statute  "  before  the  a  commissioned  officer,  and  the  jurat  will 

clerk  of  the  court  for  the  county  in  which  be  thus : 

the  applicant  is  an  actual  resident."    The  Sworn  to  and  subscribed,  this         day 

above  form  of  affidavit  may  be  used  in  of           ,  before           ,  U.  S.  Commanding 

this  class  of  cases  by  adding,  in  the  body  Officer  of           at            [detignating  rank 

of  the  affidavit,  the  averment,  under  oath,  and  service], 

stating  explicitly  the  cause  of  disability.  » 


HOMESTEADS.  463 


Exemption. 


n.  Exemption  feom  Execution  for  Debt. 
921.  Notice  of  Design  to  Hold  a  Homestead  as  Exempt  from  Execution. 

To  whom  it  may  concern  : 

Take  notice,  that  I  design  to  hold  as  a  homestead  exempt  from  sale  on 
execntion,  according  to  the  provisions  of  the  act  entitled  "  An  Act  to  ex- 
empt from  sale  on  execution  the  homestead  of  a  householder  having  a 
family"— passed  April  10,  1850  —  the  following  described  property  and 
premises :  \here  describe  the  premises  in  full,  in  the  same  manner  as  in  a  deed], 

[Date.]  [Signature.] 

922.  AcJcnowledgment  of  the  Foregoing. 

ComsTTT  OF  ,  ss. 

On  this         day  of  ,  18    ,  before  me  personally  came  A.  B.,  to  me 

known  to  be  the  individual  who  executed  the  above  notice,  and  acknow- 
ledged that  he  executed  the  same  for  the  purpose  therein  mentioned. 

[Signature  and  title  of  officer. 1 

923.  Clause  in  Deed  Securing  the  Premises  as  a  Homestead. 

The  premises  above  described  and  hereby  conveyed,  are  designed  to  be 
held  as  a  homestead,  exempt  from  sale  on  execution,  according  to  the  "  Act 
to  exempt  from  sale  on  execution  the  homestead  of  a  householder  having 
a  family;"  passed  April  10,  1850. 


924.   Waiver  of  Exemption. 

[If  not  contained  in  a  contract  or  other  instrument,  commence  hy  reciting 
the  consideration — e.  g.,  thu^:]  Whereas  I  am  indebted  to  Y.  Z.  in  the 
sum  of  dollars,  for  which  I  have  confessed  judgment  to  him  [or,  he 

has  obtained  judgment  against  me :  Now,  therefore,  and  in  consideration 
of  one  dollar  to  me  paid],  I  do  hereby  release  and  waive  any  and  all  benefit 
or  advantage,  by  virtue  of  the  "Act  to  exempt  from  sale  on  execution 
the  homestead  of  a  householder  having  a  family" — passed  April  10,  1850 
— so  that  any  property  held  by  me  as  exempt  under  it  or  by  virtue  thereof 
may  be  levied  upon  and  sold  on  any  execution  issued  against  me  for  any 
demand  owing  to  the  aforesaid  Y.  Z. 

Witness  my  hand,  this        day  of  ,  18    . 

[Signature.] 
[Acknowledgment  as  ahove.] 

925.  Oath  of  Jurors  Summoned  ly  Sheriff  to  Appraise  Homestead. 

You  and  each  of  you  do  solemnly  swear,  that  you  will  well  and  truly 
perform  the  duties  of  a  juror  in  regard  to  the  matters  submitted  to  you, 
according  to  the  Homestead  law  of  this  State. 


464  ABBOTTS'  FOKMS. 


Exemption  of  Homesteads. 


926.  Finding  of  the  Jury,  Setting  off  Part  of  the  Land. 
Court. 


Y.    Z. 

agt. 
A.  B. 


COTJNTT  of  ,  «S. 

Wk,  the  undersigned  jurors,  summoned  pursuant  to  the  Homestead  law 
of  this  State,  by  the  sheriff  of  said  county,  "who  holds  an  execution  against 
A.  B.,  above  named,  do  hereby  certify,  that  we  have  examined  the  follow- 
ing described  premises,  situate  in  the  town  of  ,  in  said  county — to 
wit:  [insert  here  a  description  of  the  premises],  which  said  premises  are 
owned  by  A.  B.  aforesaid,  and  are  claimed  by  him  to  be  exempt  from  sale 
on  execution  according  to  the  act  aforesaid,  and  that  in  our  opinion  said 
premises  are  worth*  dollars,  and  may  be  divided  without  injury  to 
the  interests  of  the  parties  concerned  therein ;  And  we  do  hereby  set  off 
to  the  said  Y.  Z.  the  following  described  portion  of  the  said  premises — ^to 
wit:  [describe  the  same],  which  last-mentioned  piece  or  parcel  of  land,  in- 
cluding the  dwelling-house  thereon,  and  the  appurtenances  belonging  thereto, 
is,  in  our  opinion,  worth             dollars. 

[Bate.]  [Signatures  of]  Jurors. 


927.  Finding  of.  the  Jury  Where  the  Property  Cannot  be  Divided. 
[As  in  the  preceding  form  to  the  *,  continuing  thu<i :]   more  than  one 
thousand  dollars,  and  cannot  be  divided  without  injuring  the  interests  of 
the  parties  concerned  therein.     And  we  do  hereby  appraise  the  value  of 
the  said  premises  at  dollars. 

[Date  and  signatures  as  above.] 

928.  Notice  of  the  Foregoing,  Given  by  the  Sheriff  to  the  Judgment  Debtor. 

Take  notice,  that  the  within  [or,  foregoing]  is  a  copy  of  an  appraisal  this 
day  made  by  the  jurors  therein  named,  duly  summoned  and  qualified,  and 
that  imless  you  pay  the  undersigned  sheriff  of  the  county  of  the  sur- 

plus therein  named  over  and  above  $1,000  within  sixty  days  from  the  date 
thereof,  such  premises  will  be  sold  by  me,  by  virtue  of  an  execution  issued 
against  you  in  favor  of  one  Y.  Z. 

[Date.]  [Signature. 

[Address.^ 


HUSBAND  AND  WIFE.  465 

Articles  of  Sepanition. 


CHAPTEE  XLV. 

HUSBAND  AND  WIPE. 

The  forms  for  Marriage,  and  MAEBiAaE  Settlements,  are  treated  under 
their  respective  titles.  / 

Husband  and  wife  cannot,  in  general,  make  binding  executory  contracts  with 
each  other,  but  transactions  based  on  such  contracts  are  sometimes  upheld  in 
courts  of  equity  for  the  protection  of  the  parties.  By  the  principles  of  the 
common  law,  a  married  woman  cannot,  as  a  general  rule,  make  a  vaUd  contract 
of  any  description  in  relation  to  either  real  or  personal  property.  But  recent 
statutes  adopted  in  many  of  the  States  have  empowered  married  women  to 
hold  separate  property  and  to  make  contracts  in  relation  thereto,  in  most 
respects,  as  if  immarried.  At  common  law,  conveyances  of  projKJrty  between 
husband  and  wife  are  not  valid,  but  are  sustained  in  equity  in  proper  cases. 
But  it  is  competent  to  a  husband  and  wife  to  convey  land  to  a  third  person, 
and  for  him  to  reconvey  to  either. 

An  agreement  for  a  separation  and  for  a  separate  allowance  to  the  wife,  may 
be  made  through  the  medium  of  a  trustee.  But  such  an  agreement  is  not  valid 
unless  the  separation  has  already  taken  place,  or  is  to  take  place  immediately. 
But  in  case  of  such  separation,  unless  a  separate  maintenance  is  given  her, 
the  husband  will  continue  to  be  liable  for  her  contract*  for  necessaries  furnished 
to  her. 

929,  Articles  of  Separation. 

This  iNDE>'TtrBE,  made  this        day  of  ,  one  thousand  eight  hundred 

and  ,  between  A.  B.,  of  ,  merchant,  of  the  first  part,  and  0.  B. 

his  wife  of  the  second  part,  and  Y.  Z.,  of  ,  merchant,  as  trustee  of  the 

said  0.  B.,  of  the  third  pai't :  Whereas  divers  disputes  and  unhappy  dif- 
ferences have  arisen  between  the  said  party  of  the  first  part  and  his  said 
wife,  for  which  reason  they  have  consented  and  agreed,  and  hereby  do  con- 
sent and  agree,  to  live  separate  and  apart  from  each  other  during  their 
natural  life :  Therefore  this  indenture  witnesseth,  that  the  said  party 
of  the  first  part,  in  consideration  of  the  premises,  and  in  pursuance  thereof 
does  hereby  covenant,  promise  and  agree  to  and  with  the  said  trustee,  and 
also  to  and  with  his  said  wife,  that  it  shall  and  may  be  lawful  for  her,  his 
said  wife,  at  all  times  hereafter,  to  live  separate  and  apart  from  him,  and 
that  he  shall  and  will  allow  and  permit  her  to  reside  and  be  in  such  place 
and  places,  aud  in  such  family  and  families,  and  with  such  relations,  friends 
and  other  persons,  and  to  follow  and  carry  on  such  trade  or  business  as  she 
may  from  time  to  time  choose  or  think  fit ;  and  that  he  shall"  not,  nor  will 
at  any  time,  sue,  or  suffer  her  to  be  sued,  for  living  separate  and  apart  from 
him,  or  compel  her  to  live  with  him ;  nor  sue,  molest,  disturb  or  trouble 
any  other  person  whomsoever,  for  receiving,  entertaining  or  harboring  her; 
and  that  he  will  not,  without  her  consent,  visit  her,  or  knowingly  enter  any 
house  or  place  where  she  shall  dwell,  reside  or  be,  or  send,  or  cause  to  be 
sent,  any  letter  or  message  to  her ;  nor  shall  or  will  at  any  time  hereafter, 
80 


466  ABBOTTS'  FORMS. 


Imprisoned  Debtors. 


claim  or  demand  any  of  her  money,  jewels,  plate,  clothing,  household  goods, 
furniture  or  stock  in  trade,  which  she  now  has  in  her  power,  custody  or 
possession,  or  which  she  shall  or  may  at  any  tune  hereafter  have,  buy  or 
procure,  or  which  shall  be  devised  or  given  to  her,  or  that  she  may  other- 
wise acquire,  and  that  she  shall  and  may  enjoy  and  absolutely  dispose  of 
the  same  as  if  she  were  a  ferae  sole  and  unmarried ;  and  further,  that  the 
said  party  of  the  first  part  shall  and  will  well  and  truly  pay,  or  cause  to  be 
paid,  for  and  towards  the  better  support  and  maintenance  of  his  said  wife 
[here  state  the  provision  for  maijitenance],  which  the  said  party  of  the 
second  part  does  hereby  agree  to  take  in  full  satisfaction  for  her  support 
and  maintenance,  and  all  alimony  whatever.  And  the  said  trustee,  in  con- 
sideration of  the  sum  of  one  dollar  to  him  duly  paid,  does  covenant  and 
agree  to  and  with  the  said  party  of  the  first  part,  to  indemnify  and  bear 
him  harmless  of  and  from  all  debts  of  his  said  wife,  contracted,  or  that  may 
hereafter  be  contracted  by  her,  or  on  her  account ;  and  if  the  said  party  of 
the  first  part  shall  be  compelled  to  pay  any  such  debt  or  debts,  the  said 
trustee  hereby  agrees  to  repay  the  same,  on  demand,  to  the  said  party  of 
the  first  part,  with  all  damage  and  loss  that  he  may  sustain  thereby. 

In  witness  whereof,  the  said  parties  have  hereunto  affixed  their  names 
and  seals,  this        day  of  ,  one  thousand  eight  hundred  and 

[Signatures  and  seals.] 


CHAPTEE  XLVI. 

IMPRISONED  DEBTORS. 

The  following  forms  relate  to  the  proceedings  given  by  Btatute(a)  to  effect 
assignments  of  the  estates  of  imprisoned  debtors,  for  the  benefit  of  their  cred- 
itors, or  procure  the  discharge  of  a  person  committed  for  non-payment  of  a  fine 
which  he  is  unable  to  pay. 

The  forms  appropriate  to  assignments  by  insolvent  debtors  for  the  purpose 
of  effecting  their  discharge,  are  given  in  the  chapter  on  Insolvekcy. 

I.  PbOOXSDINOS  BT   creditors  to    compel    assignments    by    debtors    IKPRISOintD  IN 

CIVIL  CASES. 

PA8I 

980.  Petition  by  a  creditor 467 

981.  Affidavit  to  be  annexed 467 

982.  Order  for  creditors  to  appear 467 

983.  Notice  to  be  annexed 468 

934,  Affidavit  by  creditor  who  unites  in  the  petition 468 

935.  Order  that  an  assignment  be  made , , . .  469 

(a)  2  Set.  Stat,  of  iT,  T.,  15-37, 


IMPRISONED  DEBTORS.  467 

Petition  by  Creditor  for  Assignment. 

II.  VonnfTARY  ASSIGNMENTS  Br  DEBTORS  IMPRISONED  IN  CIVIL  OASES. 

936.  Petition  by  a  debtor 469 

937.  Affidavit  to  be  indorsed 469 

938.  Order  to  bring  the  prisoner  into  court 469 

939.  Order  that  assignment  bo  made , 470 

940.  Assignment 470 

941.  Discharge 470 

III.  Debtors  confined  for  crimes. 

942.  Affidavit  on  applying  for  appointment  of  trustees  of  estate 471 

943.  Appointment  of  trustees 471 

944.  Application  of  a  person  committed  for  non-payment  of  a  fine.. . .  471 

I.  Pboobedings  by  Oeeditoks  to  Compel  Assignments  by  Debtors  Im- 
prisoned IN  Civil  Cases. 

930.  Petition  'by  a  Creditor  of  a  Deitor  Imprisoned  on  Execution. 

To  M.  N.,  Judge  of 

The  petition  of  A.  B.,  of  ,  shows  that  he  is  a  creditor  of  0.  D., 

of  ,  a  debtor  who  has  been  actually  imprisoned  for  more  than  sixty 

days  in  the  county  jail  in  the  city  of  ,  upon  an  execution  in  civil 

action,  and  that  your  petitioner  is  apprehensive  that  the  estate  of  the  said 
debtor  will  be  wasted  or  embezzled. 

Wherefore,  your  petitioner  prays  that  an  order  be  made  requiring  the 
creditors  of  said  debtor  to  appear  before  you,  at  a  time  and  place  to  be 
specified,  and  determine  whether  they  will  unite  in  a  petition  for  an  assign- 
ment of  the  said  debtor's  estate. 

[Date.]  [Signature.] 

931.  Affidavit  of  Creditor  to  Be  Annexed  to  the  Foregoing. 

County  of  ,  ss. 

A.  B.,  of  ,  being  duly  sworn,  says : 

I.  That  C.  D.,  mentioned  in  the  annexed  petition,  is  justly  indebted  to 
this  deponent  in  the  sum  of  dollars,  now  due,  and  for  which  a  suit 
might  be  now  brought. 

II.  The  said  debtor  is  imprisoned  in  the  county  jail,  in  the  county  of 

^  and  has  been  so  imprisoned  for  more  than  sixty  days  under  an 
execution  against  him  in  some  civil  action ;  and  that  this  deponent  is  ap- 
prehensive that  the  estate  of  the  said  debtor  will  be  wasted  or  .embezzled. 
SwoEN  [etc.,  as  in  Form  858],  [Signature.] 


932.  Order  for  Creditors  to  Appear. 
Before  M.  N.,  Judge  of 


In  the  Matter  of  the  Petition  of  A.  B., 
respecting  the  estate  of  a  debtor 
imprisoned  on  execution. 


On  reading  the  petition  and  affidavit  of  A.  B.,  dated  the        day  of 
Obdeked,  that  the  creditors  of  0.  D.,  a  debtor,  now  imprisoned  in 


468  ABBOTTS'  FORMS. 


Discharge  of  Imprisoned  Detitors. 


appear  before  me,  on  the        day  of  ,  18    ,  at  ,  to  determine 

whether  they  will  unite  in  a  petition  for  an  assignment  of  such  debtor's 
estate. 

[Date.]  [Signature  and  title  of  judge.] 


933.  Notice  to  Creditors^  to  he  Annexed  to  the  Foregoing  Order. 

Take  notice,  that  above  [or,  within]  is  a  copy  of  an  order  this  day  made 
by  Hon.  M.  N.,  county  judge. 
[Date.]  [Signature  of  petitioning  creditor  or  his  attorney.] 


934.  Affidavit  hy  Creditor  Who  Unites  in  the  Petition. 

COTJNTT  OF  ,  SS. 

E.  F.,  of  ,  being  duly  sworn,  says : 

I.  That  0.  D.,  of  said  city,  is  a  debtor  who  has  been  actually  impris^ 
oned  for  more  than  sixty  days  in  the  county  jail,  iipon  execution 
in  some  civil  action ;  and  that  deponent  is  apprehensive  that  the  estate  ot 
such  debtor  will  be  wasted  or  embezzled. 

II.  That  he  is  justly  indebted  to  this  deponent  in  the  sum  of  dollars, 
now  due,  and  upon  which  an  action  might  now  be  brought. 

III.  That  the  sum  of  dollars  above  specified  was  due  from  the  said 
debtor,  at  the  time  of  granting  the  order  for  publication  of  notice  to  cred- 
itors to  appear  and  determine  whether  they  would  unite  in  a  petition  for 
an  assignment  of  the  said  debtor's  estate. 

[Date.]  [Signature.] 

935.  Order  That  an  Assignment  he  Made. 

Wherbas  it  appears  to  me  that  the  creditors  of  C.  D.,  residing  within  the 
United  States,  having  debts  due  to  them,  amounting  to  two-thirds  of  all  the 
debts  owing  by  said  0.  D.,  a  debtor,  who  is  imprisoned  in  the  county 

jail,  and  has  been  so  imprisoned  for  more  than  sixty  days  under  an  execu- 
tion against  him  in  a  civil  action,  which  creditors  reside  within  the  United 
States,  have  petitioned  in  the  manner  directed  by  the  statute  concerning 
"Proceedings  by  creditors,  to  compel  assignments  by  debtors  imprisoned 
on  execution  in  civil  cases,"  for  an  assignment  of  the  estate  of  said  C.  D., 
and  no  good  cause  to  the  contrary  appears,  I  hereby  order  and  direct  the 
said  C.  D.,  on  or  before  the        day  of  instant  [or,  forthwith]  to  de- 

liver an  account  of  his  creditors  and  an  inventory  of  his  estate  to  me,  upon 
oath,  and  to  execute  an  assignment  of  his  estate,  or  that  he  show  cause  why 
an  assignment  should  not  be  made  by  me.  [Signature  of]  Judge. 

[Date.] 


IMPKISONED  DEBTORS.  469 

Voluntary  Assignments. 
n.   VOLTTNTAKY  AsSIGNMESTTS  BY  DEBTORS  IMPRISONED  IN  CiVIL  CaSES. 

936.   Petition  ly  a  Debtor  in  Prison  in  a  Civil  Case,  for  Discharge  on 

Mahing  an  Assignment.^)) 
Totlie  Conrt: 

The  petition  of  A.  B.,  of  ,  respectfully  shows,  that  your  petitioner 

is  imprisoned  in  the  county  jail  of  the  county  of  ,  in  execution  at  the 

suit  of  ,  issuing  out  of  the  Court  of  the  State  of  ,  for  the 

sura  of  and  interest  thereon  from  ,  [and  if  the  amount  due 

is  $500  or  upwards,  add,  and  has  been  so  imprisoned  for  three  months]. 
Wherefore,  your  petitioner  prays  for  an  order  directing  the  sheriff  of  said 
county  to  bring  your  petitioner  into  court,  at  a  time  to  be  appointed  for 
that  purpose,  and  that  the  judgment  creditor  in  the  suit  aforesaid  may  show 
cause  why  an  assignment  of  all  the  said  petitioner's  estate  should  not  be 
made,  and  your  petitioner  be  thereupon  discharged  from  his  imprisonment 
in  the  said  suit,  in  pursuance  of  the  provisions  of  the  statute  concerning 
"  Voluntary  assignments  by  a  debtor  imprisoned  in  execution  in  civil  causes." 
And  your  petitioner,  in  conformity  to  the  directions  of  the  said  statute, 
states  that  the  following  is  a  just  and  true  account  of  all  his  estate,  real  and 
personal,  in  law  and  equity,  and  of  all  charges  affecting  the  same,  both  as 
such  estate  and  charges  existed  at  the  time  of  his  imprisonment,  and  as 
they  exist  at  the  time  of  presenting  this  petition  [state  the  real  estate,  and 
if  subject  to  encumbrance,  designate  it,  and  give  amount  due  thereon,  and 
also  .specify  the  personal  estate]. 

[Date.]  [Signature.] 

937.  Affidavit  to  be  Indorsed  on  the  Foregoing  Petition.(c) 

County  op  ,  ss. 

I,  the  within-named  petitioner,  do  swear  [or,  aflBrm]  that  the  within  pe- 
tition and  account  of  my  estate  and  of  the  charges  thereon,  are  in  all  re- 
spects just  and  true ;  and  that  I  have  not,  at  any  time  or  in  any  manner, 
disposed  of  or  made  over,  any  part  of  my  property,  with  a  view  to  the  fu- 
ture benefit  of  myself  or  my  family,  or  with  an  intent  to  injure  or  defraud 
any  of  my  creditors. 

Sworn  [etc.,  as  in  Form  858].        •  [Signature.] 

938.  Order  to  Bring  the  Prisoner  Into  Court. 

[Title  of  cause.]  At  a  special  term  [etc.] 

On  reading  and  filing  the  petition  of  A.  B.,  dated  ,  and  proof  of 

tl^e  due  service  of  a  notice  of  presenting  said  petition  to  this  court,  and  a 

(b)  This  petition  must  be  first  presented        (c)  All  the  facts  to  entitle  the  applicant 

to  the  court  iat  a  regular  special  term.     It  to  a  discharge  must  be  sworn  to  in  the 

cannot  bo  heard  at  Chambers,  nor  in  the  petition  ;  and  the  affidavit  must  be  sworn 

first  instance  at  general  term.     Matter  of  to  at  the  time  of  presenting  the  petition. 

Walker,  2  Duer,  656;  Mather's  Case,  14  Bowne  v.  Bradley,  5  Abbotts'  iV.,  141. 
Abbotts'  Pr.,  45. 


^70  ABBOTTS'  FORMS. 


Assignments  by  Imprisoned  Debtors. 


true  copy  of  the  inventory  of  his  estate,  as  set  forth  and  stated  in  such  pe- 
tition, according  to  the  directions  of  the  said  statute,  and  on  motion  of  , 
of  counsel  for  said  petitioner,  okdeked,  that  the  sheriff  of  the  county  of 
bring  up  the  said  prisoner  before  this  court  on  the  day  of  , 
18    ,  at        o'clock  in  the        noon  of  that  day.        [Signature  of]  Clerk. 

939.  Order  That  Assignment  Be  Made. 

[Title  of  the  cause.]  At  a  special  term  [etc.] 

The  above-named  defendant  having  been  brought  before  this  court  pur- 
suant to  the  order  of  the  court,  and  the  court  having  heard  and  examined 
the  allegations  and  proofs  of  the  said  parties,  and  being  satisfied  that  the 
petition  and  account  of  the  petitioner  are  correct,  and  that  his  proceedings 
herein  are  just  and  fair,  and  on  motion  of  ,  for  the  said  prisoner, 

ORDERED,  that  the  estate  of  the  said  prisoner,  contained  in  the  account 
stated  and  set  forth  in  his  petition  [or  specify  so  much  of  it  as  may  be  suf- 
ficient to  satisfy  the  debt  wherewith  the  prisoner  stands  charged,  together 
with  the  jail  fees  thereon],  but  his  arms  and  accoutrements,  and  necessary 
"wearing  apparel  and  bedding,-  and  the  tools  and  instruments  of  his  trade, 
and  team,  not  exceeding  $150  in  value  in  the  whole,  excepted,  be  assigned 
to  ,  for  the  benefit  of  the  creditors  above  named. 

[Signature  of]  Clerk. 

940.  Assignment  by  Imprisoned  Debtor. 

Kkotv  all  mkn  by  these  presents,  that  I,  A.  B.,  of  ,  the  prisoner 

named  in  the  foregoing  petition,  in  consideration  of  the  premises  therein 
contained,  and  in  pursuance  of  the  statute,  have  assigned,  transferred  and 
set  over,  and  by  these  presents  do  assign,  transfer  and  set  over  unto  , 

all  the  estate,  real  and  personal,  in  law  and  equity,  contained  in  the  ac- 
count within  set  forth  and  stated,  my  arms  and  accoutrements,  and  neces- 
sary wearing  apparel  and  bedding,  and  tools  or  instruments  of  my  trade  and 
team,  and  other  articles  exempt  from  execution  excepted  {or  specify  the  part 
directed  to  be  assigned]^  and  to  his  assigns,  to  have  and  to  hold  the  same  for 
the  benefit  of  the  creditors,  and  to  satisfy  the  debt,  in  said  petition  men- 
tioned, wherewith  I,  the  said  prisoner,  stand  charged  in  execution,  together 
with  jail  fees  as  aforesaid. 

Signed,  sealed  and  delivered  )  [Signature  andseaLI 

in  presence  of  J 

[Signatures  of  witnesses.] 

941.  Discharge. 
[Title  of  the  cause.]  At  a  special  term  [etc.] 

"Whereas  an  assignment  of  all  the  estate,  real  and  personal,  in  law  and 
equity,  contained  in  the  account  of  the  above-named  defendant  as  set  forth 
in  his  petition  addressed  and  presented  to  this  court,  stating  the  cause  of  his 
imprisonment  by  virtue  of  an  execution  issued  out  of  this  court,  at  the  suit 
of  the  above-named  plaintiff,  and  praying  to  be  discharged  from  his  impris- 


IMPRISONED  DEBTORS.  471 

Discharges. 

onment  in  the  above  action,  according  to  the  directions  of  the  statute  "  01 
voluntary  assignments  by  a  debtor  imprisoned  in  execution  in  civil  causes," 
has  been  made  by  said  defendant  pursuant  to  an  order  of  this  court ;  now, 
on  motion  of  ,  for  the  defendant,  ordered,  that  the  said  defendant 

be  discharged  out  of  custody  of  the  sheriff  of  the  county  of  ,  at  the 

suit  of  the  plaintiff  in  the  above  cause.  [Signature  of]  Clerk. 


III.  Debtors  Confined  for  Crimes. 

942.  Affidavit  on  Applying  for  Appointment  of  Trustees  of  Ustate  of  Debtor 

Confined  for  Crime. 


State  of  ,  ) 


County  of 

A.  B.,  of  said  county,  being  duly  sworn,  says  that  Y.  Z.,  the  person 
named  in  the  annexed  copy  of  sentence  of  conviction,  is  now  actually 
imprisoned  in  the  at  ,  in  this  State,  in  pursuance  of  the  said 

sentence  of  conviction;  and  that  the  said  Y.  Z.  is  indebted  to  in 

the  sum  of  dollars  [stating  the  ground  of  indebtedness],  and  deponent 

therefore  applies  for  the  appointment  of  trustees  of  the  estate  of  the  said 
Y.  Z.,  according  to  the  statute.  [Signature.] 

SwoEX  [etc.,  as  in  Form  858]. 

943.  Appointment  of  Trustees  on  the  Foregoing  Application. 

Before  the  Hon.  M.  N.,  one  of  the  justices  of  the  Court  of  the  State 

of 

Whereas,  A.  B.,  a  creditor  [or  relative]  of  C.  D.,  a  debtor  confined  in 
for  crime,  on  the        day  of  ,  applied  to  me  for  the  appoint- 

ment of  trustees  to  take  charge  of  the  estate  of  the  said  0.  D. ;  and  pro- 
duced a  copy  of  the  sentence  of  couviction  of  the  said  C.  D.,  duly  certified 
by  O.  P.,  clerk  of  the  court  of  ,  under  his  seal  (jf  ofl5ce,  by  which  said 

court  the  said  sentence  of  conviction  was  passed ;  together  with  an  affidavit 
of  the  said  A.  B.,  that  the  said  C.  D.  is  actually  imprisoned  under  the  said 
sentence ;  and  that  he  is  indebted  to  ,  in  the  sum  of  dollars : 

Now,  therefore,  I  do,  pursuant  to  the  statute  concerning  "Attachments 
against  debtors  confined  for  crimes,"  appoint  and  ,  two  fit  per- 

sons, to  be  trustees  of  the  estate  of  the  said  0.  D.,  with  such  powers  con- 
cerning his  estate  as  are  conferred  by  the  said  statute. 

Given  under  my  hand  and  seal  at  ,  this        day  of  ,  18    . 

[Signature  and  seal.] 

944.  Application  of  a  Prisoner  Committed  for  Non-Payment  of  Fine  for 
a  Misdemeanor, 

To  the  County  Court  of  County. 

The  petition  of  A.  B.  shows : 

I.  That  he  is  now  and  has  been  for  forty-five  days  last  past,  a  plisoner  in 
the  jail  in  said  county,  under  a  sentence  passed  by  the  Court  of  ,  held 


472  ABBOTTS'  FORMS. 


Keturns  of  Income. 


in  and  for  said  county  on  the        day  of  ,  18    ,  for  a  misdemeanor — 

namely  [here  state  the  crime],  and  by  which  sentence  he  was  fined  a  sum 
not  exceeding  $250 — to  wit,  dollars  for  his  oflTence,  and  committed  till 

the  same  should  be  paid. 

n.  That  he  was  unable  at  the  time  such  sentence  was  passed,  and  has 
been  unable  ever  since  his  said  conviction,  to  pay  such  fine. 

Wheeefobe,  your  petitioner  prays  that  he  may  be  discharged  from  his 
said  imprisonment,  pursuant  to  the  statute. 

[Date,  signature  and  verijication.] 


CHAPTER   XLVII. 

INCOME  TAX. 


By  the  act  of  June  30, 1864,  as  amended  by  the  first  section  of  the  act  of  March 
2,  1867,  (a)  it  is  made  the  duty  of  any  person  liable  to  annual  tax,  on  or  before 
the  first  day  of  March  in  each  j'ear,  to  make  a  return  to  the  assistant  assessor  of 
the  district  wherein  he  resides,  of  his  income,  and  of  the  articles  in  Schedule  A 
owned  or  kept  by  him  on  the  first  day  of  March. 

Every  person  failing  to  make  such  return  by  the  day  specified  will  be  liable 
to  be  assessed  by  the  assistant  assessor  according  to  the  best  information  which  he 
can  obtain ;  and  in  such  case  the  assistant  assessor  will  add  fifty  per  cent,  to  the 
amount  of  the  tax,  and  from  the  valuation  and  enumeration  so  made  there  can  be 
no  appeal. 

In  case  any  person  shall  deliver  to  an  assessor  any  false  or  fraudulent  list  or 
statement,  with  intent  to  defeat  or  evade  the  valuation  or  enumeration  required 
by  law,  the  assistant  assessor  will  add  one  hundred  per  cent,  to  the  tax. 

Guardians,  trustees,  executors  and  administrators,  and  persons  acting  in  any 
other  fiduciary  capacity,  are  required  to  make  returns  of  the  income  belonging 
to  minors  or  other  persons  for  whom  they  act,  and  the  income  tax  will  be  assessed 
upon  the  amount  returned,  after  deducting  such  sums  as  are  exempted  by  law ; 
provided  that  the  exemption  of  one  thousand  dollars  shall  not  be  allowed  on  ac- 
count of  any  minor  or  other  beneficiary  of  a  trust,  except  upon  the  statement  of 
the  guardian  or  trustee,  Uiade  under  oath,  that  the  minor  or  beneficiary  has  no 
other  income  from  which  the  said  amount  may  be  exempted  and  deducted. 

When  coupons  of  United  States  bonds,  or  gold  received  as  interest  on  bonds, 
are  sold  within  the  year,  the  amount  of  legal  tender  currency  received  therefor 
should  be  returned  as  income  under  paragraph  9. 

"When  any  person  has  gold,  or  coupons  payable  in  gold,  on  hand  at  the  close 
of  the  year,  its  value  should  be  returned  at  the  value  of  gold  at  the  close  of  the 
year. 

Trustees,  guardians,  executors,  etc.,  should  make  a  separate  return  for  each 
estate  represented  by  them,  and  a  separate  return  of  their  own  private  estate. 

"Where  any  articles  named  in  Schedule  A  are  owned,  possessed,  or  kept 
by  a  partnership,  firm,  association,  or  corporation,  they  must  be  returned  to  the 
assistant  assessor  of  the  district  in  which  such  partnership,  firm,  association,  or 
corporation  has  its  <)ffice  or  principal  place  of  business. 

When  such  articles  are  held  by  an  individual,  the  return  will  be  made  in  the 
district  in  which  he  or  she  resides. 

(o)  13  U.  S.  Stat,  at  L.,  225,  479,  480. 


INCOME  TAX.  473 


Return. 


945.    Return  of  Income. 

Detailed  Statement  of  Income,  Gains,  and  Profits  of  A.  S.,  of  ,  county 

of  ,  and  State  of  ,  during  the  year  18     ,  and  of  Carriages,  ic,  <fec., 

owned  or  kept  by  him  March  1,  18    . 

^      ^  *        .eta. 

1.  From  profits  in  any  trade,  business  or  vocation  from  which  income 

is  actually  derired,  or  any  interest  therein,  wherever  carried  on. 

2.  From  the  pajTnent  of  debts  in  a  former  year  considered  lost,  and 

which  have  not  paid  a  previous  income  tax 

8.  From  rents 

4.  From  farming  operations — Amount  of  live-stock  sold 

Amount  of  agricultural  products  sold. . 

5.  From  profits  realized  by  sales  of  real  estate  purchased  since  Decem- 

ber 31,  1864 

6.  From  interest  on  any  bonds  or  other  evidences  of  indebtedness  of 

any  railroad,  canal,  turnpike,  canal  navigation,  or  slack-water 
company ;  or  interest  or  dividends  on  stock,  capital,  or  deposits 
in  any  bank,  trust  company,  savings  institution,  insurance,  rail- 
road, canal,  turnpike,  canal  navigation,  or  slack-water  company. 

7.  From  dividends  of  any  incorporated  company  other  than  those 

above  mentioned 

8.  From  gains  and  profits  of  any  incorporated  company  not  divided . . 

9.  From  interest  on  notes,  bonds,  or  other  securities  of  the  United 

States  

10.  From  interest  on  notes,  bonds,  mortgages,  or  securities  other  than 

those  enumerated  above 

11.  From  salary  other  than  as  an  officer  or  employee  of  the  United 

States  

12.  From  salary  or  pay  as  an  officer  or  employee  of  the  United  States. 

13.  From  profits  on  sales  of  gold  or  stocks,  whenever  purchased 

14.  From  all  sources  not  above  enumerated 

Gross  income 

Dedtuticma. 

1.  Exempt  by  law $1,000  00 

2.  National,  State,  county,  and  municipal  taxes  paid  within 

the  year 

8.  Losses  actually  sustained  during  the  year  from  fire,  ship- 
wreck, or  incurred  in  trade,  and  not  already  deducted 
in  ascertaining  profits 

4.  Losses  on  sales  of  real  estate  purchased  since  December 

31,  1864: 

5.  Amount  paid  for  hired  labor  to  cultivate  land  from  which 

income  is  derived 

6.  Amount  paid  for  the  live  stock  which  was  sold  within  the 

year 

*J.  Amount  actually  paid  for  rent  of  homestead 

8.  Amount  paid  for  usual  or  ordinary  repairs,  excluding  pay- 

ments for  new  buildings,  permanent  improvements  or 
betterments 

9.  Interest  paid  out  or  falling  due  within  the  year 

10.  Salary  or  pay  as  an  officer  or  employee  of  the  United 

States,  from  which  a  tax  has  been  withheld 

11.  Interest  or  dividends  from  corporations  enumerated  above 

in  paragraph  6 

Taxable  income 


Amount  of  tax  at  5  per  cent. 


474:  ABBOTTS'  FORMS. 


Return  of  Income. 


Schedule  A 

Carriages,  gold  watches,  billiard  tables,  gold  and  silver  plate. 
Na  Taxable  Articles.  Rate.    Am't  of  Tax. 

Carriage,  phaeton,  carryall,  rockaway,  or  other  like  car- 
riage, and  any  coach,  hackney  coach,  omnibus  or 
four-wheeled  carriage,  the  body  of  which  rests  upon 
springs  of  any  description,  which  is  kept  for  use,  for 
hire,  or  for  passengers,  and  which  is  not  used  exclu- 
sively in  husbandry  or  in  the  transportation  of  mer- 
chandise, valued  at  exceeding  three  hundred  dollars 
and  not  exceeding  five  himdred  dollars,  including 
harness  used  therewith $6  00 

Carriages  of  like  description  valued  at  above  five  hund- 
red dollars 10  00 

Gold  watches,  composed  wholly  or  in  part  of  gold  or  gilt, 

kept  for  use,  valued  at  one  hundred  dollars  cfi-  less . .     1  00 

Gold  watches,  composed  wholly  or  in  part  of  gold  or  gilt, 

kept  for  use,  valued  at  above  one  hundred  dollars. .     2  00 

Billiard  tables  kept  for  use,  and  not  subject  to  special  tax  10  00 
•  Oz.  plate  of  gold  kept  for  use,  per  ounce  troy 50 

Oz.  plate  of  silver,  kept  for  use,  per  ounce  troy,  exceed- 
ing 40  ounces,  used  by  one  family 06 

State  of  ,  ) 

County  of  ]  *** 

A.  B,,  being  sworn  accarding  to  law,  deposes  and  says,  that  the  within  state- 
ment  contains  a  full,  true,  particular  and  correct  account  of  his  income  for  the  }■  ear 
A.  D.  1867,  which  he  has  received,  whether  derived  from  any  kind  of  property, 
rents,  interest,  dividends,  or  salary,  or  from  any  profession,  trade,  employment 
or  vocation,  or  from  any  other  source  whatever,  from  the  first  day  of  January 
to  the  thirty-first  day  of  December,  A.  D,  1867,  both  days  inclusive,  and  subject 
to  an  income  tax  under  the  excise  laws  of  the  United  States ;  and  that  he  has 
not  received,  and  is  not  entitled  to  receive,  from  any  or  all  sources  of  income 
together,  any  other  sum  for  the  said  year  Ijesides  what  is  herein  set  forth  in  de- 
tail, except  such  amounts  as,  thoucih  justly  due  to  the  affiant,  are  not  good  and 
collectible;  and  that  he  is  honestly  and  truly  entitled  to  make  the  deductions 
fi'om  his  income  for  said  year  as  specifically  stated  in  detail,  in  accordance  with 
the  true  intent  of  the  excise  laws  of  the  United  States ;  that  the  statement  of 
the  number  or  weight  and  value  of  the  articles  enumerated  in  Schedule  A,  owned, 
possessed,  or  kept  by  him,  or  of  which  he  had  the  care  or  management,  on  the 
first  day  of  March,  A.  D.  1868,  is  also  just  and  true;  and  that  the  several  rates 
and  amounts  therein  contained  are  stated  in  legal  tender  currency. 

[S'ignalure.'l 

SwosN  [etc.,  as  in  Form  858.] 

945  a.     Verification  ly  Trustee  or  Ouardian. 


State  op 

County  of 

A.  B.,  being  sworn  according  to  law,  deposes  and  says,  that  the  within  state- 
ment contains  a  full,  true,  particular,  and  correct  account  of  h's  income  for  the 
Sear  A.  D.  18  ,  which  he  has  received  as  guardian  of  the  person  and  estate  of 
[.  N.,  a  minor,  of  ,  whether  derived  f»oni  any  kind  of  property,  rents,  in- 

terest, dividends  or  salary,  or  from  any  profession,  trade,  employment  or  voca- 
tion, or  from  any  other  source  whatever,  from  the  first  day  of  January  to  the 
thirty-first  day  of  December,  A.  D.  18  ,  both  days  inclusive,  and  subject  to  an 
income  tax  under  the  excise  laws  of  the  United  States;  and  that  he  has  not  re- 


INSANE  PERSONS.  475 


General    Principles. 


ceived,  and  is  not  entitled  to  receive,  from  any  or  all  sources  of  income  together, 
any  other  sum  for  the  said  year  as  such  guardian,  besides  what  is  herein  set  forth 
in  detail,  exci'pt  such  amounts  as,  though  justly  due  to  the  affiant,  are  not  good  and 
collectible ;  and  that  he  is  honestly  and  truly  entitled  to  make  the  deductiona 
from  his  income  as  aforesaid  for  said  year,  as  specifically  stated  in  detail,  in  ac- 
cordance with  the  true  intent  of  the  excise  laws  of  the  United  States ;  and  that 
the  statement  of  the  number  or  weight  and  value  of  the  articles  enumerated  in 
Schedule  A.  owned,  possessed,  or  kept  by  him  as  such  guardian,  or  of  which  he 
as  aforesaid  had  the  care  and  management,  on  the  first  day  of  March,  A.  D. 
18  ,  is  also  just  and  true;  and  that  the  several  rates  and  amounts  therein  con-, 
tained  are  stated  in  legal  tender  currency.  [And  deponent  further  says  that  the 
said  M.  N.  has  no  other  income  from  which  the  said  amount  of  $1,000,  which  ia 
exempt  by  law,  may  be  exempted  and  deducted.]  [/St^rwaiure.] 

Sworn  [etc.,  as  in  Fwm  858.] 

945  T).     Claim  for  Remission  of  Taxes  Improperly  Assessed. 
State  of  ,  )    ^ 

County  of         .  )     ' 

A.  B.,  of  the  \Jiere  f/ive  post  office  nddre  s],  of  and  State  and  county  afore- 

said, being  duly  sworn  [or  aflirmed]  according  to  law,  deposes  and  says  that  [if 
a  member  of  ajirni  on  which  (he  (ax  vias  ansessed,  s(a(e  the  fact  here] ;  that  he  was 
[or  they  were]  engaged  in  the  business  of  ;  that  upon  the  day  of 

,  A.  D.  18     ,  he  was  [or  they  were]  assessed  by  M.  N.,  assessor  of  the 
District  of  said  State,  an  internal  revenue  tax  of  dollars,  [here  state 

for  or  upon  what  the  tax  was  asaessed],  which  assessment  of  the  aforesaid  tax  was, 
as  this  deponent  verily  believes,  erroneous  and  improper,  for  the  following  rea- 
sons, viz:  [settinff  than  forth].  And  this  deponent  now  claims  that,  by  reason 
of  the  aforesaid  erroneous  assessment  of  the  said  sum  of  dollars,  he  is  [or 

they  are]  justly  entitled  to  have  the  same  remitted,  and  he  [or  they]  now  ask[s] 
and  demand[si  the  same.  [Signature.] 

Swora  and  subscribed  before  me,  this  ) 

day  of  ,  A.  D.  18    .  J 

[SiffTiature.] 

945  c.     Assistant  Assessor's  Certificate. 
I  iiEREnY  CERTIFY  that  I  havc  carefully  investigated  the  facts  set  forth  in  the 
witliin  affidavit,  and  that  I  believe  the  statements  to  be  in  all  respects  just  and 
true.  [Siffualure  of]  Assistant  Assessor,        Division,        District. 


CHAPTEE  XLYHI. 

INSANE  PERSONS. 


Insa:ne  persons  are  the  wards  of  chancery  or  the  Supreme  Court  of  the  State, 
and  their  guardianship  and  the  charge  of  their  property  may  be  committed  by 
the  court  to  persons  selected  in  each  case  for  the  purpose,  who  are  called  the 
committee.  By  the  statutes  of  New  York,  persons  who  have  become  incapable 
of  conducting  their  own  afifairs,  by  reason  of  habitual  drunkenness,  may  be 
treated  in  the  same  way ;  and  in  this  class  of  cases,  if  the  property  be  jess  than 
$250,  the  proceedings  may  be  in  the  County  Court.(a) 

For  greater  convenience,  we  present  under  this  title  the  forms  of  proceedings 
in  reference  to  the  custody  of  the  person  and  property  of  both  lunatics,  idiots 

(a">  2  Bev.  Stat.,  52. 


4:76  ABBOTTS'  FOKMS. 


Insane  Persons. 


and  habitual  drunkards,  as  well  as  those  which  are  used  in  commitment  of 
the  insane  to  the  public  asylums,  or  poorhouses. 

I.  iNQCIsrriON  AND   APPOINTMENT  OF  COMMITTEE.  PAOE 

946.  Petition  for  a  commiysion  of  inquiry 476 

947.  Order  that  a  commission  issue 477 

948.  Commission  of  inquiry  as  to  lunacy,  idiocy  or  habitual  drunkenness.  477 

949.  Precept  requiring  the  sheriflf  to  summon  a  jury 478 

950.  Notice  to  lunatic,  idiot  or  habitual  drunkard  of  executing  com- 

mission    478 

951.  Warrant  to  produce  the  alleged  insane  person 479 

952.  Subpoena  to  testify  before  commissioners 479 

953.  Inquisition  of  lunacy,  idiocy  or  habitual  drunkenness 479 

954.  Return  of  the  commission  to  be  indorsed  thereon 480 

955.  Order  confirming  the  inquisition,  and  appointing  committee 480 

956.  Bond  of  committee 480 

957.  Approval  of  bond  by  the  judge 481 

958.  Commission  to  the  committee  of  an  insane  person 481 

II.  Custody  of  indigent  lunatics. 

959.  Information  of  lunatic  before  justices  of  the  peace 482 

960.  Warrant  to  confine  a  lunatic 482 

961.  Warrant  to  bring  lunatic  before  magistrate 482 

962.  Order  sending  lunatic  to  the  asylum 483 

963.  Petition  to  county  judge  for  examination 483 

964.  AfiBdavit  of  physicians 483 

965.  Subpoena  to  examine  in  regard  to  lunacy 488 

966.  Certificate  of  county  judge 484 


L  Inqttisition  and  Appointment  of  Committbb. 
946.  Petition  for  a  Commission 
Supreme  Court. 


In  the  matter  of 

A.  B., 

a  supposed  lunatic  [or,  idiot, 

or,  habitual  drunkard]. 

To  the  Supreme  Court  of  the  State  of 

The  petition  of  A.  B.,  of  ,  in  the  county  of  ,  respectfully 

shows : 

That  C.  B.,  a  resident  of  ,  and  [here  state  occupation,  age,  relation 

to  the  petitioner,  etc.,  etc.]  is  now  an  idiot  [or,  is  now  and  for  past  has 

been  a  lunatic  and  of  unsound  mind ;  or,  is  now  and  for  past  has  been 

an  habitual  drunkard],  and  is  incapable  of  conducting  his  own  affairs  in 
consequence  thereof,  as  more  fully  appears  by  the  affidavit  hereto  annexed.(5) 

(b)  Subjoin  affidavits,  etc.,  showing  the  income,  etc.,  and  setting  forth  some  evi- 

facts  in  detail,  informing  the  court  as  to  dences  of  tlie  incapacity  alleged,  and  the 

the  family  and  relatives  of  the  person  and  opinion  of  a  physician, 
specifying  the  property,  its  value,  annual 


INSANE  PERSONS.  47T 


Coininission  of  Inquiry. 


Whehefobe,  your  petitioner  prays  that  a  commission,  in  the  nature  of  a 
writ  do  lunatico  inquirendo  may  issue,  to  inquire  of  the  alleged  lunacy  [or 
otherwise]  of  the  said  0.  B.  [Siffnature.] 

[  Verification  as  in  Form        ,] 


947.  Order  That  a  Commission  Issue. 

[Title  as  above.']  At  a  special  term  \ete.'\ 

On  heading  and  filing  the  petition  of  A.  B.,  of  ,  dated  the        day 

of  ,-18    ,  and  the  affidavits  thereto  annexed,  and  on  motion  of 

for  the  petitioner,  oederkd,  that  a  commission  in  the  nature  of  a  writ  de 
lunatico  inquirendo  he  issued  out  of  this  court,  under  its  seal  and  in  the 
usual  form,  directed  to  {names  of  commissioners]^  of  ,  to  inquire,  by  a 

jury  of  said  county  and  of  the  neighborhood  where  the  said  0.  B.,  men- 
tioned in  said  petition,  resides,  of  the  lunacy  [or.  idiocy ;  or,  incapacity  by 
habitual  drunkenness]  of  the  said  C.  B. ;  and  that  in  the  said  commission 
be  inserted  a  command  to  the  sheriff  of  the  said  county  of  ,  requiring 

him  to  summon  such  jury.  And  it  is  further  ordered,  that  the  said  com- 
mission be  executed  at  ,  and  that  days'  previous  notice  of  the 
time  and  place  of  such  execution  be  given  to  the  said  0.  B.,  and  to  the 
person  or  persons  having  the  charge  of  and  care  of  him.  And  it  is  further 
ordered,  that  upon  the  execution  of  the  said  commission,  the  person  or 
persons  having  the  charge  and  custody  of  the  said  0.  B.,  do  produce  him 
before  the  said  commissioners  and  jury,  to  be  inspected  and  examined  by 
them,  whenever  required  so  to  do  by  said  commissioners. 

[Signature  of]  Clerk. 


948.  Commission  of  Inquiry  as  to  Lunacy,  Idiocy  or  Habitual  Drunl;enness. 

The  People  of  the  State  of  to  [here  name  the  commissioners],  of  , 

greeting : 
Know  ye,  that  we  have  assigned  to  you,  or  any  two  or  more  of  you,  to 
inquire,  by  the  oaths  of  good  and  lawful  men  of  our  county  of  ,  by 

whom  the  truth  of  the  matter  may  be  the  better  known,  whether  0.  B., 
of  ,  is  a  lunatic  [or,  an  idiot],  so  that  he  is  not  sufficient  for  the 

government  of  himself,  or  the  management  of  his  property,  or  conduct  of 
his  affairs  [or,  is  incapable  of  conducting  his  own  affairs  in  consequence  of 
habitual  drunkenne'-s] ;  and  if  so,  from  what  time,  after  what  manner,  and 
how  he  became  so,  and  if  the  said  C.  B.,  being  in  that  condition,  has 
alienated  any  lands  and  tenements,  or  not ;  and  if  so,  what  lands  and  tene- 
ments, to  what  person  or  persons,  when,  where,  after  what  manner  and 
how,  and  what  lands  and  tenements,  goods  and  chattels  as  yet  remain  to 
him ;  and  of  what  value  the  lands  and  tenements  by  him  alienated,  as  well 
as  those  by  him  retained  are,  and  how  much  the  issues  and  profits  thereof 
are  by  the  year,  and  what  is  the  value  of  his  goods,  chattels  and  personal 
estate,  and  who  are  the  nearer  heirs  and  next  of  kin  of  the  said  C.  B.,  who 
will  be  entitled  to  his  estate  in  case  of  his  death ;  and  of  what  age  he  is. 


478  ABBOTTS'  FORMS. 


Inquest  Concerninjj  Insanity,  etc. 


And  therefore  we  command  you,  or  any  two  or  more  of  you,  that  at  certain 
days  and  places,  which  you  shall  for  that  purpose  appoint  you  diligently 
make  inquisition  in  the  premises;  and  that  you  cause  reasonable  notice  of 
the  time  and  place  by  you  appointed  for  that  purpose,  to  be  given  to  the 
said  C.  B.,  and  that  you  send  the  inquisition  which  you  shall  tbereupoii 
cause  to  be  made,  under  your  seals,  or  the  seals  of  any  two  or  more  of  you, 
and  the  seals  of  those  persons  by  whom  it  shall  be  made,  distinctly  and 
plainly,  and  without  delay,  to  our  Supreme  Court,  together  with  this  writ. 
And  we  command  the  sheriff  of  the  county  of  ,  that  at  certain  days 

and  places  which  you  shall  make  known  to  him,  he  cause  to  come  before 
you,  or  any  two  or  more  of  you,  so  many,  and  such  good  and  'lawful  men 
of  your  county  as  you  shall  direct,  by  whom  the  truth  of  the  matters  afore- 
said may  be  the  better  known  and  inquired  into. 

Witness,  M.  N.,  one  of  the  justices  of  our  Supreme  Court,  at  , 

the        day  of  ,  one  thousand  eight  hundred  and 

[Seal.]  [Signature  of]  Clerk. 

[Signature  of]  Attorney. 

[Indorsed]  "  By  the  court." 

[Signature  of]  Clerk. 


949.  Precept  Requiring  the  Sheriff  to  Summon,  a  Jury. 

Bt  viRTTTB  of  a  commission  in  the  nature  of  a  writ  de  lunatico  inquirendo, 
issued  out  of  and  under  tlie  seal  of  the  Supreme  Court  of  the  State  of  , 

dated  the        day  of  ,  to  the  undersigned,  directed  to  inquire  if  C.  B., 

of  ,  be  a  lunatic  [or  otherwise]^  you  are  hereby  required  *  to  cause  to 

come  and  appear  before  us  twenty-four  honest  and  lawful  men  of  the  county 
aforesaid,  and  of  the  neighborhood  where  the  said  C.  B.  resides,  on  the 
day  of  ,  18    ,  by  o'clock  in  the  noon  of  the  same  day,  at 

the  in  the  City  Hall  in  said  city,  then  and  there  upon  their  oaths  to 

inquire  of  the  lunacy  [or  other  incapacity]  of  the  said  C.  B. ;  and  of  all 
Buch  matters  and  things  as  shaU  be  given  them  in  charge  by  virtue  of  said 
commission ;  and  hereof  fail  not  at  your  peril. 

Given  under  our  hands  and  seals,  the        day  of  ,  one  thousand 

eight  hundred  and  .  [Signatures  and  seals  of  commissioners.] 

To  the  sheriff  of  the  county  of 


950.  Notice  to  Lunatic,  Idiot  or  Habitual  Drunkard,  of  Executing  Com- 
mission. 
{TitU.] 

Please  take  notice,  that  a  commission  to  inquire  as  to  your  alleged  lunacy 
[or  other  incapacity],  issued  out  of  and  under  the  seal  of  the  Supreme 
Court,  and  directed  to  us  as  commissioners,  will  be  executed  at  ,  in 

,  Dn  the        instant,  at         o'clock  in  the  noon. 

[Date. J  [Signatures  of]  Commissioners. 

[Address^} 


INSANE  PERSONS.  479 


Inquisition. 


951.  Warrant  to  Produce  the  Person  of  the  Alleged  Insane  Person. 

[As  in  Form  949  to  the  *,  continuing  thus :]  to  produce  the  said  0.  B. 
before  us,  at  the  execution  of  the  said  commission,  at  ,  in  ,  on 

the         instant,  at  o'clock  in  the  noon,  there  to  be  examined 

touching  the  matters  aforesaid ;  and  you  are  to  give  him  notice  accordingly; 
as  also  to  any  other  person  or  persons  who  are  guardians  of  him,  or  trus- 
tees of  his  estate,  that  they  may  appear  in  his  behalf  if  they  shall  think 

fit. 

Given  under  our  hands  and  seals,  this        day  of  ,  18    . 

[Signatures  and  seals  of]  Commissioners. 

To  M.  N.,  or  such  other  person  or  persons  as  now  have  the  said  0.  B.  in 
their  custody. 

952.  Suhpcena  to  Testify  Before  Commissioners. 

[As  in  Form  949  to  the  *  continuing  thus  .•]  to  personally  be  and  appear 
before  us  at  the  execution  of  the  said  commission,  at  ,  in  said  city,  on 

the         day  of  ,  18    ,  at         o'clock  in  the  noon,  upon  oath  to 

testify  touching  the  lunacy  [or  other  incapacity]  of  the  said  0.  B.,  and  of 
all  such  matters  as  shall  be  demanded  of  you  by  virtue  of  the  said  com- 
mission ;  and  thereof  fail  not  at  your  peril. 

Given  under  our  hands  and  seals,  the         day  of  ,  18    . 

[Address  to  witnesses.]  [SigiMtures  and  seals  of]  Commissioners. 


953.  Inquisition  of  Lunacy^  Idiocy  or  Habitual  DrunTcenness. 

An  inquisition  taken  at  ,  in  the  city  of  ,  on  the  day  of 

,18     ,  before  [here  name  the  acting  commissioners]^  commissioners 
appointed  by  virtue  of  a  commission  in  the  nature  of  a  writ  de  lunatico  in- 
quirendo,  issued  out  of,  and  under  the  seal  of  the  Supreme  Court  of  the  , 
State  of  ,  dated  ,  directed  to  and  commanding  them  the  said 

commissioners,  to  inquire,  among  other  things,  of  the  lunacy  [or  other  in- 
capacity] of  C.  B.,  of  .  [Here  insert  names  of  jurors],  good  and  lawful 
men  of  the  said  county,  who  being  summoned,  sworn  and  charged,  upon 
their  oath  say  that  the  said  C.  B.,  at 'the  time  of  making  this  inquisition,  is 
a  lunatic,  and  of  unsound  mind,  and  does  not  enjoy  lucid  intervals  [or,  is  an 
idiot],  so  that  he  is  incapable  of  the  government  of  himself,  or  of  the  man- 
agement of  his  lands,  tenements,  goods  and  chattels  ;  and  that  he  has  been 
in  the  same  state  of  lunacy  for  the  space  of  last  past,  and  upwards 
[and  here  state  how  he  became  such],  [or,  of  idiocy  from  his  birth]. 

[Here  state  any  transfers  of  property,  and  any  contracts,  which  it  is  found 
the  insane  person  has  made  while  under  such  incapacity  ;  also  what  property 
he  has,  etc.,  his  heirs,  etc.,  according  to  the  requirement  of  the  commission.] 

In  TE3TIM0NT  WHEREOF,  as  Well  the  said  commissioners  as  the  jurors  afore- 
said, have  set  their  hands  and  seals  to  this  inquisition,  the  day  and  year  first 
above  written.  [Ifames  and  seals  of  commission's  and  of  jurors.] 


480  ABBOTTS'  FOKMS. 


Committee  of  Lunatic. 


954.  Return  of  the  Commission  to  he  Indorsed  Thereon.  < 

To  the  Supreme  Court : 

The  execution  of  this  commission  appears  in  the  schedules  hereunto 

annexed.  {Signatures  of]  Commissioners. 

[Bate.] 

[Annex  the  proceedings,  marked  as  schedules.] 

955.  Order  Confirming  the  Inquisition  and  Appointing  Committee.{c) 

[Title  as  in  Form  946.]  At  a  special  term  [etc.] 

On  beading  and  filing  the  inquisition  in  this  matter,  dated  the  day 

of       .   ,  18    ,  and  on  motion  of  ,  of  counsel  for  the  petitioner,  and 

after  hearing  ,  of  counsel  [or^  and  no  one  appearing]  in  opposition 

thereto  ;  oedeeed,  that  the  finding  of  the  jury,  upon  the  execution  of  the 
said  commission  as  set  forth  in  the  said  inquisition,  be,  and  the  same  is 
hereby  confirmed;  and  that  [names  of  committee]  be,  and  they  are  hereby 
appointed,  the  committee  of  the  person  and  estate  of  the  said  C.  B.,  upon 
their  giving  a  bond  with  two  sufficient  sureties,  to  be  approved  by  one  of 
the  justices  of  this  court,  in  the  penalty  of  dollars  [double  the  value  of 

the  property  as  found  hy  the  inquisition]  conditioned  for  the  faithful  per- 
formance of  their  trust,  according  to  the  statute,  and  to  account  whenever 
required,  in  conformity  with  the  rules  and  practice  of  this  couil.  And  it 
is  further  ordered,  that  upon  filing  such  bond,  a  commission  may  be  issued 
to  such  committee,  under  the  seal  of  this  court. 

956.  Bond  of  Committee. 
[Penal  clause  as  in  other  cases,  running  to  the  People  of  the  State.     See 
Form  443.] 
Whereas,  by  an  order  of  the  Supreme  Court  of  the  said  State,  made  this 
■    day  of  >  18    ,  the  above-bounden  [names  of  committee]  were  ap- 

pointed a  committee  of  the  person  and  estate  of  C.  B.,  who,  by  an  inqioisi- 
tion  taken  under  a  commission  issued  out  of  said  court,  had  previously 
thereto  been  found  to  be  a  lunatic  [or  state  other  incapacity],  upon  their 
giving  the  bond  required  by  the  said  order :  Now,  therefore,  the  condition 
of  this  obligation  is  such,  that  if  the  above-bounden  [names  of  committee] 
shall  faithfully  perform  the  trust  reposed  in  them  as  such  committee,  ac- 
cording to  the  statute,  and  shall  render  an  account  whenever  required,  in 
conformity  with  the  rules  and  practice  of  the  said  court,  and  shall  observe 
the  orders  and  directions  of  the  said  court  in  relation  to  such  trust,  then 
this  obligation  to  be  void ;  otherwise,  to  be  and  remain  in  full  force  and 
virtue.  [Signatures  and  seals.] 

In  presence  of 
[Signature  of  witness.] 

[Add  acknowledgment,  and  affidavit  of  sureties,  as  in  Forms792  and7QS.] 
(c)  To  be  moved  for  on  notice,  aa  in  other  casea  of  motions  in  court. 


INSANE  PERSONS.  481 


Conimi^^sion. 


957.  Approval  of  Bond  hy  the  Judge. 

I  approve  of  liie  within  bond,  as  to  its  form  and  manner  of  execution. 
[Bate.]  [Signature.] 

958.   Commission  to  the  Committee  of  An  Insane  Person. 

The  People  of  the  State  of  New  York,  to  all  to  whom  these  presents  shall 
come,  greeting: 

Whereas,  by  an  inquisition  taken  at  ,  in  the  city  of  ,  on  the 

day  of  ,  18     ,  by  virtue  of  our  commission,  in  the  nature  of  a 

writ  de  lunatico  inquirendo,  in  that  behalf  duly  made  and  issued,  it  was 
found,  among  other  things,  that  the  said  0.  B.,  at  the  time  of  taking  the 
said  inquisition,  was  a  lunatic,  not  having  lucid  intervals  [or  state  other  in- 
eapacity],  so  that  he  was  incapable  of  the  government  of  himself,  or  of  the 
management  of  his  lands,  tenements,  goods  and  chattels,  and  of  the  conduct 
of  his  affairs,  as  by  the  said  inquisition  remaining  of  record  in  our  Supreme 
Court  may  more  fully  appear ;  for  the  care  and  custody  of  whom,  and  for 
the  management  of  whose  estate,  it  belongs  to  ns,  in  our  Supreme  Court,  to 
provide.  And  whereas  sufficient  security  is  given  to  us  on  behalf  of  the  ssdd 
C.  B.  by  [here  name  committee] :  Now,  theeefore,  know  ye,  that  we  have 
given,  granted  and  committed,  and  by  these  presents  do  give,  grant  and 
commit,  unto  the  said  [name  committee]  the  care  and  custody  of  the  person, 
and  the  possession,  care  and  management  of  the  estate,  as  well  real  as  per- 
sonal, of  the  said  0.  B.  until  otherwise  ordered  by  the  court.  And  the  said 
[naming  committee]  are  hereby  required,  within  six  months  from  the  date 
of  these  presents,  to  return  and  file  in  the  office  of  the  clerk  of  the  county 
of  ,  a  just  and  true  inventory,  under  oath,  of  the  whole  real  and  per- 

sonal estate  of  the  said  C.  B.,  stating  the  income  and  profits  thereof,  and 
the  debts,  credits  and  effects  of  the  said  0.  B.,  so  far  as  the  same  shall  have 
come  to  the  knowledge  of  the  said  committee,  or  either  of  them,  and  that 
out  of  the  said  estate,  or  the  rents,  issues  and  profits  thereof,  they  provide 
for  the  maintenance,  sustenance  and  support  of  the  said  0.  B.  and  his  fam- 
ily; and  that  annually  thereafter  the  said  committee  file  in  the  office  of  the 
said  clerk  a  similar  inventory,  and  an  account,  under  oath,  of  the  manage- 
ment of  the  said  trust,  and  of  all  other  property  or  effects  belonging  to 
the  said  estate,  which  they  shall  have  since  discovered,  as  required  by  the 
statutes  and  the  rules  of  this  court.  And  the  said  committee  are,  and  each 
of  them  is,  further  required  to  abide  and  obey  all  and  every  such  order  or 
orders  in  the  premises  as  may  hereafter  be  made  in  our  said  court,  and.  to 
render  a  full  and  just  account  of  the  execution  of  the  said  trust,  and  of  fiie 
estate,  property  and  effects  which  shall  have  come  to  their  hands,  or  the 
hands  of  either  of  them,  when  and  as  often  as  required  by  our  said.oourti. 

Witness  [etc.,  as  in  Form  948]. 
31 


482  ABBOTTS'  FORMS. 


Lunatics. 


n.  Custody  of  Indigent  Lunatios. 
959.  Information  of  Lunatic  Before  Justices  of  the  Peace. 


Town  of  ,  ) 

>•  88. 


County  of 

A.  B.,  being  duly  sworn,  says,  that  Y.  Z.,  of  said  town,  is  so  far  disordered 
in  his  mind  as  to  endanger  his  own  person,  or  the  person  or  property  ot 
others  jf  permitted  to  go  at  large,  and  that  said  Y.  Z.  is  now  permitted  to 
go  at  large  by  his  friends,  and  that  no  committee  of  his  person  has  been 
appointed  [or,  that  said  Y.  Z.  has  no  property  or  parents  or  children]  to  the 
knowledge  or  belief  of  this  deponent. 
Subscribed  and  sworn  before  us, )  [Signature^ 

this        day  of  ,  18     .   J 

[Signatures  of  twol  Justices  of  the  Peace. 


960.   Warrant  to  Confine  a  Lunatic. 

To  the  constables  and  overseers  of  the  poor  of  the  town  [or,  city]  of  , 

in  the  county  of  : 

Y.  Z.,  a  lunatic,  having  been  found  in  said  town,  so  far  disordered  in  his 
mind  as  to  endanger  his  own  person,  and  the  person  or  property  of  others, 
if  permitted  to  go  at  large,  and  no  provision  having  been  made,  either  by 
the  relatives  or  any  committee,  for  confining  or  maintaining  such  lunatic, 
the  undersigned,  two  of  the  justices  of  the  peace  of  said  town  [or,  city],  on 
the  application  of  the  overseers  of  the  poor  of  said  town  [or,  upon  our  own 
view],  being  satisfied  upon  examination  [or,  upon  information  on  oath  to  us 
given],  that  the  said  Y.  Z.  should  be  forthwith  confined ;  you  are,  therefore, 
hereby  commanded  to  cause  the  said  lunatic  to  be  safely  locked  up  in  such 
secure  place  as  said  overseers  may  provide,  in  conformity  to  law. 

Given  under  our  hands,  at  ,  this        day  of  ,  18    . 

;;,  [Signatures  of  two]  Justices. 


961,    Warrant  to  Bring  Lunatic  Before  Magistrate. 
To  any  constable  of  the  town  [or,  city]  of  ,  in  the  county  of 

Application  having  been  made  to  the  undersigned,  two  of  the  justices  of 
the  peace  of  the  said  town  [or,  the  county  judge  of  said  county],  by  A.  B. 
[or,  by  the  overseers  of  the  poor  of  said  town]  alleging  that  Y.  Z.,  an  in- 
habitant of  said  town,  is  so  far  disordered  in  his  mind  as  to  endanger  his 
own  person,  or  the  person  or  property  of  others,  if  suffered  to  go  at  large : 
YoTJ  ABE,  thekefore.  Commanded,  in  the  name  of  the  People  of  the  State 
oi  ,  to  apprehend  the  said  Y.  Z.  and  bring  him  before  us  forthwith, 

at  ,  in  said  ,  that  we  [or,  I]  may  examine  in  regard  to  the  said 

y.  Z..  and  make  such  further  order  in  the  premises  as  may  be  proper, 

[Signature  and  title.] 


INSANE  PERSONS.  483 


Custody  of  Indigent  Lunatics. 


962.   Order  Sending  Lunatic  to  the  Asylum. 
County  of  ,  ss. 

Wb,  the  undersigned,  county  superintendents  of  the  poor  of  the  countv 
of  ,  hereby  order  that  Y.  Z.,  a  lunatic,  who  is  chargeable  to  the  [town 

of  ,  in]  said  county,  be  sent  to  the  lunatic  asylum  in  the  city  of  , 

the  expense  of  which  support  at  the  asylum  is  to  be  paid  by  the  treasurer  ol 
said  county  of 

GiTEN  under  our  hands,  at  ,  this        day  of  ,  18    . 

[Signatures  of  the]  Superintendents  of  the  Poor. 

963.  Petition  to  County  Judge  for  Examination. 
To  the  Hon.  M.  N.,  county  judge  of  the  county  of 

The  petition  of  A.  B.,  of  the  town  of  ,  in  said  county,  respectfully 

shows,  that  Y.  Z.,  a  resident  of  said  town,  is  a  lunatic,  and  is  now  in  the' 
care  and  custody  of  •  ,  of  said  town  [or,  is  wandering  about  in  such 

manner  as  to  endanger  his  own  person,  or  the  person  and  property  of  other 
persons],  that  be  is  in  indigent  circumstances,  and  has  no  property  either 
in  his  own  possession,  or  held  by  any  person  in  trust  for  him,  sufficient  for 
the  support  of  himself  [and  his  family]  in  the  condition  of  insanity  aforesaid. 

Wheeefoee,  your  petitioner  prays  that  an  examination  of  the  case  may 
be  had  according  to  the  statute.  [Signature.] 

[Date.] 

[Add  verification,  as  in  Form  836.] 


964.  Affidavit  of  Physicians. 
County  of  ,  ss. 

M.  N.  and  O.  P.,  physicians  of  the  town  of  ,  being  severally  sworn, 

each  for  himself,  says,  that  he  has  carefully  examined  into  the  mental  state 
and  condition  of  Y.  Z.,  particularly  in  reference  to  his  alleged  lunacy  or  in- 
sanity, and  that  in  his  opinion,  derived  from  such  examination,  the  said  Y. 
Z.  is  a  confirmed  lunatic,  and  that  his  going  at  large  would  endanger  his 
own  person  and  the  person  and  property  of  others.  [Signatures.] 

Sworn  [etc.,  as  in  Form 


965.  Subpoena  to  Examine  in  Regard  to  Lunacy. 

State  of  ,  ss. 

[Address  to  witnesses.] 

In  the  name  of  the  People  of  the  State  of  ,  yon  are  hereby  com- 

manded to  appear  before  the  undersigned,  at  in  the  city  of  , 

immediately  [or,  on  the        day  of  ,  18    ,  at  o'clock  in  the 

noon],  to  give  evidence  touching  the  mental  condition  and  the  circum- 
stances of  Y.  Z.,  of  ;  and  hereof  fail  not  at  your  peril. 

Witness  my  hand,  at  ,this        day  of  ,18    . 

[Signature  and  title  of  county  judge.] 


484  ABBOTTS'  FORMS. 


Insolvency. 


966.  Certificate  of  County  Judge. 


In  the  matter  of  Y.  Z., 
an  alleged  > 

indigent  lunatic.       I 

County  of  ,  ss. 

Application  having  been  made  to  me  by  A.  B.  [or,  by  the  overseers  of 
the  poor]  of  the  town  of  ,  for  an  examination  in  regard  to  the  mental 

state  and  alleged  indigence  of  Y.  Z.,  of  said  town ;  I  thereupon  directed 
{naraing  them]  two  reputable  physicians  of  said  town  to  examine  the  said 
Y.  Z.  in  regard  to  his  mental  condition ;  and  they  having  made  such  ex- 
amination, and  having  certified  to  me  that  the  said  Y.  Z.  is  a  confirmed  luna- 
tic, and  that  his  going  at  large  would  endanger  his  own  person  and  the  per- 
son and  property  of  others ;  and  having  received  proof  that  he  is  in  indi- 
gent circumstances:  I  nEREBV  certify  that  it  satisfactorily  appears  to  me, 
from  said  evidence  and  proof,  that  the  said  Y.  Z.  is  a  lunatic,  and  that  he 
has  not  sufiicient  estate  of  any  kind  for  the  support  of  himself  [and  his 
family]  in  his  aforesaid  state  and  condition. 

Witness  ''etc.,  as  in  preceding  form]. 


CHAPTEE   XLIX. 

INSOLVENCY. 


Under  the  statutes  of  New  York,  an  insolvent  debtor  may  in  certain  cases  ob- 
tain a  discharge  from  his  debts,  upon  executing  an  assignment  of  all  his  estate  for 
the  benefit  of  his  creditors.  The  petition  for  that  purpose  must  be  signed  by 
the  debtor  and  by  so  many  of  his  creditors  residing  in  the  United  States  as 
have  debts  [owing  to  them  in  good  faith  by  such  debtor],  either  due  or  to 
become  due,  and  amounting  to  at  least  two-thirds  of  all  the  debts  owing  by 
him  to  creditors  residing  within  the  United  States.  Executors  and  adminis- 
trators may  become  petitioning  creditors  by  obtaining  leave  of  the  surrogate, 
themselves  then  becoming  liable  only  for  such  portion  as  they  receive.  Trus- 
tees, receivers  and  assignees  of  the  estate  of  any  creditor  of  an  insolvent  may 
also  apply  by  leave  of  the  Supreme  Court.  Creditors  of  any  copartnership  firm 
or  of  any  joint  debtors  may  unite  with  any  one  or  more  of  such  firm  or  joint 
debtors  for  the  discharge  of  such  partner  or  joint  debtor. 

Such  petitions  are  to  be  presented  to  a  justice  of  the  Supreme  (?ourt,  a  county 
judge  or  the  recorder  of  a  city. 

The  tilings  necessary  to  give  the  officer  jurisdiction,  so  as  to  make  his  pro- 
ceedings and  his  discharge  conclusive,  are  as  follows  :{a) — 1.  A  petition  signed 
by  the  debtor  and  two-thirds  in  amount  of  his  creditors  residing  within  tho 
United  States.  2.  The  affidavits  of  the  petitioning  creditors,  taken  before  an 
oflBcer  authorized  to  take  affidavits  to  be  read  in  courts  of  record,  to  the 

(a)  Eusher  v.  Sherman,  28  JBarb.,  416. 


INSOLVENCY.  485 


Petition. 


amount,  nature  and  consideration  of  the  debt,  and  that  the  creditor  has  re- 
ceived nothing  to  become  a  petitioner.  3.  A  full  and  true  account  of  creditors, 
the  amounts  due,  the  consideration,  a  statement  of  any  security,  and  a  full  in- 
ventory. 4.  An  affidavit  by  the  petitioner,  before  the  officer  to  whom  the  pe- 
tition is  made,(&)  of  the  correctness  of  his  petition,  etc.  5.  Proof  of  residence 
within  the  county  where  the  officer  resides. 

FAeiC 

967.  Petition  for  discharge 485 

968.  Affidavit  to  the  insolvent's  residence 486 

969.  Affidavit  of  a  petitioning  creditor '. 486 

970.  The  same ;  by  a  copartner 486 

971.  Affidavit  of  residence  of  the  creditors 487 

972.  Schedule  of  insolv'ent's  debts 487 

973.  Inventory  of  assets 847 

974.  Affidavit  of  the  insolvent  to  his  proceedings 488 

975.  Order  requiring  creditors  to  show  cause 488 

976.  Notice  for  publication 489 

977.  Affidavit  of  publication 489 

978.  Notice  for  service  on  creditors 489 

979.  Affidavit  of  service 490 

980.  Order  directing  assignment  to  be  made 490 

981.  Assignment  by  insolvent 490 

982.  Certificate  that  it  has  been  made 491 

983.  Discharge 491 

984.  Oath  of  assignee 492 

985.  Notice  to  creditors,  etc 492 

986.  Petition  after  action  commenced,  or  pending  proceedings  under  non-impris- 

ment  act 493 


967.  Petition  for  Discharge.{c) 
To  Hon.  M.  K,  county  judge  in  and  for  the  county  of  : 

The  petition  of  A.  B.,  of  the  city  of  ,  county  of  ,  an  insolvent 

debtor,  now  actually  an  inhabitant  of  the  said  city,  and  so  raany  of  his 
creditors,  residing  within  the  United  States,  as  have  debts  in  good  faith 
owing  to  them  by  the  said  insolvent,  amounting  to  at  least  two-thirds  of  all 
the  debts  owing  by  him  to  creditors  residing  within  the  United  States, 
prays  that  the  estate  of  the  said  insolvent  may  be  assigned  unto  [here 
name  the]  assignee  nominated  by  the  said  creditors  to  receive  the  same  for 
the  benefit  of  his  creditors ;  and  further,  that  the  said  insolvent  may  be 
discharged  from  his  debts,  according  to  the  provisions  of  the  statute  for 
the  discharge  of  an  insolvent  from  his  debts.         [Signature  of  insolvent.] 

[Date.] 

[Add  signatures  of  petitioning  creditors,  with  the  sums  due  them  set  oppo- 
site their  names.{d)\ 

(b)  It  is  indispensable  that  the  affidavit  charge  was  void.      Small  t).  Wheaton,  2 

required  to  be  made  by  the   petitioner,  Abbotts^  iV.,  175;   S.  C,  4  E.  D.  Smith, 

and  annexed  to  his  petition,  should  be  806. 

sworn  to  before  the  officer  to  whom  the  (c)  This  and  the  following  sixteen  forms 

petition  is  presented.     Where  it  appeared  are  sustained  by  Soule  v.  Chase,  19  Ab- 

that  the  affidavit  was  sworn  before  a  com-  bolts'  Fr., 

miBsioner  of  d.^%ds,—Meld,  that  the  dis-  [d)  If  anyone  holds  a  mortgage,  judg- 


486  ABBOTTS'  FORMS. 


Insolvency. 


968.  Affidavit  to  the  In8ohent''s  Beaidenee.ie) 
County  of  ,  ss. 

I,  O.  P.,  do  swear  that  A.  B.,  in  the  annexed  petition  named,  is  an  in- 
habitant actually  residing  within  the  city  of  ,  county  of 

SwoEN  before  me,  this        day  |  [Signature.^ 

of  ,  18    .  j 

[Signature  of]  County  Judge. 

969.  Affidavit  of  a  Petitioning  Creditor. 
County  of  ,  ss. 

0.  D.,  of  ,  one  of  the  petitioning  creditors  of  A.  B.,  an  insolvent 

debtor,  being  duly  sworn,  says,  that  the  sum  of  dollars,  lawful  money 

of  the  United  States,  being  the  sum  annexed  to  the  name  of  this  deponent, 
subscribed  to  the  petition,  is  justly  due  to  him  from  the  said  insolvent  for 
goods,  wares  and  merchandise,  sold  and  delivered  [or,  for  cash  lent  and  ad- 
vanced] by  deponent  to  said  A.  B.  [and  if  any  security  has  been  talcen  there- 
for^ specify  it — e.  g.,  thus :]  secured  by  the  note  of  A.  B.,  dated  the  day 
of  i  18    ,  and  due  after  date  [or,  by  note  of  ,  dated,  etc., 

etc.,  and  indorsed  by  said  A.  B.] ;  and  that  neither  be,  nor  any  person  to 
his  use,  has  received  from  the  said  insolvent,  or  any  other  person,  payment 
of  any  demand,  or  any  part  thereof,  in  money  or  in  any  way  whatever,  or 
any  gift  or  reward  whatsoever,  upon  any  express  or  implied  trust  or  con- 
fidence, that  he  should  become  a  petitioner  for  the  said  insolvent. 

SwoBN  [etc.,  as  in  Form  858].  [Signature.] 

970.  Affidavit  of  a,  Partner,  Where  a  Firm  Unite  in  the  Petition. 

OouNTV  OF  ,  ss. 

0.  D.,  of  ,  a  partner  of  the  firm  or  copartnership  of  0.  D.  &  Co.,  of 

,  and  who,  as  one  of  the  copartners,  and  in  their  behalf,  has  sub- 
scribed to  the  petition  the  name  or  firm  of  their  said  copartnership,  as  pe- 
titioning creditors  of  A.  B.,  an  insolvent  debtor,  being  duly  sworn,  says, 
that  the  sum  of  dollars,  lawful  money  of  the  United  States,  being  the 

sum  annexed  to  the  name  of  the  said  copartnership  subscribed  to  the  peti- 
tion, is  justly  due  to  them  from  tbe  said  insolvent,  for  [here  state  the  debt, 
and  security,  if  any,  as  in  preceding  form,  continuing:]  and  that  neither 
he,  nor  any  member  of  said  firm,  nor  any  person  to  his  or  their  use,  hath 
received  from  the  said  insolvent,  or  any  other  person,  payment  of  any  de- 
mand, or  any  part  thereof,  in  money,  or  in  any  other  way  whatever,  or  any 
gift  or  reward  whatsoever,  upon  any  express  or  implied  trust  or  confidence, 

ment  or  other  security  on  the  real  or  per-  note  the  security]  for  the  benefit  of  all  the 

sonal  property  of  the  debtor,  he  must  add  creditors  of  such  debtor." 

to  his  signature,  "  And  I  hereby  relinquish  (e)  This  affidavit  is  commonly  made  by 

to  the  assignees  who  shall  be  appointed  the  assignee. 

pursuant  to  this  petition  the  [here  deaig- 


INSOLVENCY. 


48^ 


Insolvent's  debts. 


Assets. 


that  he  or  they  should  become  a  petitionar  or  petitioners  for  the  said  insol- 
vent. [Signature  of  the  partner.] 
SwoEN  [etc.,  as  in  Form  855]. 

971.  Affidavit  of  Residence  of  the  Creditors. 

Before  the  Hon.  M.  N.,  county  judge  of  County. 

In  the  matter  of  the  application  of  | 
A.  B.,  an  insolvent  debtor,  together  I 
with  his  creditors,  for  a  discharge  i 
from  his  debts.  J 

County  of  ,  ss. 

A.  B.,  the  above-named  insolvent,  being  duly  sworn,  says  that  the  places 
of  residence  of  the  creditors  of  this  deponent  residing  in  the  United  States, 
where  such  place  is  known  to  deponent,  are  as  follows — that  is  to  say : 
[Names  of  creditors.']  [Places  of  residence.] 

SwoBN  [etc.,  as  in  Form  858].  [Signature.] 

972.  Schedule  of  Insolvent's  Debts. 
A  full  and  true  account  of  all  the  creditors  of  A.  B.,  an  insolvent  debtor,  with  the 
place  of  residence  of  each,  the  sum  owing  to  each  of  them  by  the  said  insolvent, 
the  nature  of  each  debt,  with  the  true  cause  and  consideration  thereof,  and  the 
place  where  the  same  accrued. 


CREDITORS. 


Smith  &Co 

Taylor  &  Co.... 

John  Kobinson. . 


John  Cox 

Lucian  Roberts. 


RESIDENCE. 


New  York 

Boston 

Philadelphia 

Montgomery  Co. 


AMOUNT. 


NATURE  OF  DEBT,  AND  THE 
TRUE  CAUSE  AND  CON- 
SIDERATION  THEREOF. 


$269.42 
402.34 

5,699.19 

425.00 
533.82 


Promissory  notes  for 
merchandise  sold  and 
delivered 

Promissory  notes  for 
merchandise  sold  and 
delivered  and  a  book 
account 

Endorsement  on  promis- 
sory note  for  goods, 
wares  and  merchan- 
dise  

Book  account  for  mer- 
chandise sold  and  de- 
livered   

Judgment  docketed  Sep- 
tember 26,  1860,  for 
cash  loaned  and  ad- 
vanced   


ACCRUED   AT 


New  York. 
Boston. 

New  York. 

i< 

Montgomery  Co. 


[Etc.,  setting  forth  all,  and  adding  signature  of  insolvent.] 


973.  Inventory  of  Insolvents  Assets. 

A  FULL  and  true  inventory  of  all  the  estate,  both  real  and  personal,  in 
law  and  equity,  of  A.  B.,  of  ,  an  insolvent  debtor,  of  the  encum- 


i88  ABBOTTS'  FORMS. 


Insolvency. 


brances  existing  thereon,  and  of  all  the  books,  vouchers  and  securities  re- 
lating thereto,  and  the  value  of  such  estate. 

Real  estate,  none  [or,  if  any,  describe  it;  and  specify  other  property 
thus:"] 

Necessary  wearing  apparel,  all  of  which  is  exempted  by  law  from  execu- 
tion. 

Book  debts  amounting  to  dollars,  not  collectable. 

Check  of  B.  0.  on  the  Bank  for  dollars,  due  last  ,  and 

protested  for  non-payment. 

[Date.]  [Signature  0/ insolvent.'] 


974.  Affidavit  of  the  Insolvent  to  Sis  Proceedings. 

I,  A.  B.,  do  swear,  that  the  account  of  my  creditors,  and  the  inventory 
of  my  estate,  which  are  annexed  to  my  petition  and  herewith  delivered,  are 
in  all  respects  just  and  true;  and  that  I  have  not,  at  any  time  or  in  any 
manner  whatsoever,  disposed  of  or  made  over  any  part  of  my  estate,  for 
the  future  benefit  of  myself  or  my  family,  or  in  order  to  defraud  any  of  my 
creditors  ;  and  that  I  have  in  no  instance  created  or  acknowledged  a  debt 
for  a  greater  sum  than  I  honestly  and  truly  owed ;  and  that  I  have  not 
paid,  secured  to  be  paid,  or  in  any  way  compounded  with  any  of  my  cred- 
itors, with  a  view  fraudulently  to  obtain  the  prayer  of  my  petition. 

Sworn  to  and  subscribed  in  the  )  [Signtture.] 

presence  of  and  before  me, 
this        day  of  18     . 

[Signature  of  th^  judge.] 


975.  Order  Requiring  Creditors  to  STww  Cause. 

It  is  hebeby  oedkeed,  that  all  the  creditors  of  A.  B.,  an  insolvent  debtor, 
be  required  to  show  cause,  if  any  they  have,  before  me,  on  the  day  of 
next,  at        o'clock  in  the  noon,  at  ,  at  the  City 

Hall  in  the  city  of  ,  why  an  assignment  of  the  said  insolvent's  es- 

tate should  not  be  made,  and  he  be  discharged  from  his  debts,  pursuant  to 
the  provisions  of  the  statute  for  the  discharge  of  an  insolvent  from  his  debts. 
Notice  of  which  is  to  be  published  for  ten  weeks  in  the  State  paper,  and  in 
the  newspaper  printed,  in  the  city  of  ,  entitled  the  ,  and 

the  newspaper  printed  in  the  city  of  ,  entitled  the  .     And 

I  hereby  direct  that  notice  of  this  order  be  served  either  in  person  or  by 
letter,  on  each  of  the  creditors  of  the  said  A.  B.,  insolvent,  residing  in  the 
United  States,  and  whose  place  of  residence  is  known  to  the  said  A  B.,  in- 
solvent. And  the  service  of  the  notice  of  this  order  shall  be  made  on  each 
of  the  said  creditors,  in  person  or  by  letter,  addressed  to  him  by  mail,  at 
his  known  and  nsual  place  of  residence.  If  such  service  shall  be  personal, 
then  it  shall  be  at  least  twenty  days,  and  if  by  mail,  then  forty  days,  before 
the  said        day  of  next. 

[Date.]  [Signature  of]  County  Judge,  County. 


INSOLVENCY.  4S9 


Publication  of  Notice. 


976.  Notice  for  Publication. 

Notice  of  application  for  the  discharge  of  an  insolvent  from  his  debts, 
pursuant  to  the  provision  of  the  3d  article  of  the  1st  title  of  the  5th  chapter 
of  the  2d  part  of  the  Revised  Statutes. 

A.  B.,  of  the  city  of  ,  county  of  .    Notice  first  published 

the        day  of  ,  18    .     Creditors  to  appear  before  the  Hon.  M.  N., 

county  judge,  in  and  for  the  county  of  ,  at  his  chambers,  at  the  City 

Hall,  city  of  ,  on  the        day  of  next,  at  o'clock  in  the 

noon. 

[Signature  and  address  of  the  insolvent  or  his  attorney.] 

977.  Affidavit  of  Publication. 
CotlNTT  OP  ,  ss. 

R.   S.,   of  ,  being   duly  sworn,   says,  that   he  is  a  clerk  in 

the  office  of  the  ,  a  daily  paper  printed  and  published  in  the  city 

of  ,  and  that  the  notice,  of  which  a  printed  copy  is  annexed,  has 

been  regularly  published  in  the  said  ,  once  a  week  for  ten  weeks  suc- 

cessively, commencing  on  the        day  of  ,  18    . 

Sworn  [etc.,  as  in  Form  958].  [Signature.] 


978.  Notice  for  jService  on  Creditors. 
Before  the  Hon.  M.  N.,  coxmty  judge  of  County. 


In  the  Matter  of  the  application  of 
A.  B.,  an  insolvent  debtor,  to-  | 
gether  with  his  creditors,   etc.,  S- 
pursuant  to  art.  3,  chap.  5,  title  1,  1 
part  2,  of  the  Revised  Statutes.      | 

Please  take  notice,  that  on  the        day  of  ,  in  the  year  one  thou- 

sand eight  hundred  and  ,  an  order  was  granted  by  M.  N.,  county 

judge,  in  and  for  the  county  of  ,  on  the  petition  of  A.  B.,  of  , 

an  insolvent  debtor,  and  so  many  of  his  creditors,  residing  within  the  United 
States,  whose  debts  amounted  to  at  least  two-thirds  of  all  the  debts  owing 
by  the  said  A.  B.  to  creditors  residing  within  the  United  States,  requiring 
all  the  creditors  of  the  said  A.  B.  to  show  cause  before  said  judge  at  his 
chambers,  at  the  City  Hall,  city  of  ,  on  the        day  of  ,  18     , 

at        o'clock  in  the  noon  of  that  day,  why  an  assignment  of  the  es- 

tate of  said  A.  B.  should  not  be  made,  and  he  be  discharged  from  his  debts, 
pursuant  to  the  provisions  of  the  third  article  of  the  fifth  chapter  of  the 
first  title  of  the  second  part  of  the  Revised  Statutes. 

[Date.]  [Signature  and  address  of  insolvent  or  his  attorney.] 


490  ABBOTTS'  FOKMS. 


Order  for  Assignment. 


979.  Affidavit  of  Serciee. 
County  of  ,  ««. 

G.  p.,  of  said  city,  being  duly  sworn,  says,  that  he  served  a  notice  in 
writing,  of  which  the  foregoing  is  a  true  copy,  on  each  of  the  following 
named  persons,  on  the  days  and  in  the  manner  next  herein  specitied — that 
is  to  say : 

Day  of  Service.                         Names  of  Creditors.  Manner  of  Set-vice. 

June  29,  1866 Smith  &  Co Served  personally. 

"    30,     "    ....  Williainstown  Manufacturing  Co By  mail. 

[ThiLS  setting  forth  a  list  of  all.'\ 

And  deponent  further  says,  that  the  notices  referred  to  above,  as  being 
sent  by  mail,  were  served  on  the  said  several  parties,  by  being  deposited 
in  the  post-oflBce,  in  the  city  of  ,  and  paying  the  legal  postage 

thereon,  and  by  being  addressed  to  the  said  several  and  respective  parties 
at  their  usual  and  known  places  of  residence,  and  the  places  of  residence 
mentioned  in  the  schedule  in  these  proceedings. 

SwoEN  [etc.,  as  in  Form  858].  [Signature.^ 

980.  Order  Directing  Assignment  to  Be  Made. 

"Whereas,  A.  B.,  an  insolvent  debtor,  did,  in  conjunction  with  so  many 
of  his  creditors,  residing  within  the  United  States,  as  have  debts  in  good 
faith  owing  to  them  by  the  said  insolvent,  amounting  to  at  least  two-thirda 
of  all  the  debts  owing  by  him  to  creditors  residing  within  the  United  States, 
present  a  petition  to  me  for  the  purpose  of  being  discharged  from  his  debts, 
pursuant  to  the  provisions  of  the  third  article  of  the  first  title  of  the  fifth 
chapter  of  the  second  part  of  the  Revised  Statutes ;  upon  hearing  which  it 
satisfactorily  appeared  to  me  that  the  said  insolvent  is  justly  and  truly  in- 
debted to  the  petitioning  creditors  in  the  sums  by  them  respectively  men- 
tioned in  their  aflSdavits  annexed  to  the  petition ;  that  such  sums  amount 
in  the  aggregate  to  two-thirds  of  all  the  debts  owing  by  him,  at  the  time  ot 
presenting  his  petition,  to  creditors  residing  within  the  United  States,  and 
that  he  has  honestly  and  fairly  given  a  true  account  of  his  estate,  and  has 
in  all  things  conformed  to  the  matters  required  of  him  by  the  said  article. 
I  do  therefore  direct  that  an  assignment  be  made  by  the  said  insolvent  to 
Y.  Z.,  assignee,  nominated  by  the  said  creditors,  of  all  his  estate,  both  in 
law  and  equity,  in  possession,  reversion  or  remainder,  excepting  wearing 
apparel  and  bedding  as  is  reasonable  and  necessary  for  the  said  insolvent 
and  his  family  to  retain,  and  also  his  arms  and  accoutrements. 

[Date.]  [Signature  of]  County  Judge  of  County. 

981.  Assignment  by  Insolvent. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  having  become  insolvent, 
did,  in  conjunction  with  so  many  of  my  creditors,  residing  within  the 
United  States,  whose  debts  in  good  faith  amount  to  two- thirds  of  aU  the 


INSOLVENCY.  491 


Discharge. 


debts  owing  by  me  to  creditors  residing  within  the  United  States,  present 
a  petition  to  the  Hon.  M.  N.,  county  judge  in  and  for  the  county  of  , 

praying  for  relief,  pursuant  to  the  provisions  of  the  statute  authorizing  an 
insolvent  debtor  to  be  discharged  from  his  debts;  whereupon  the  said 
judge  ordered  notice  to  be  given  to  all  my  creditors  to  show  cause,  if  any 
they  had,  before  him,  at  a  certain  day  and  place,  why  the  prayer  of  the 
petitioner  should  not  be  granted ;  which  notice  was  duly  published,  and  no 
good  cause  appearing  to  the  contrary,  he  being  satisfied  that  the  proceed- 
ings were  just  and  fair,  and  that  I  had  in  all  things  conformed  to  those 
matters  required  by  the  said  statute,  directed  an  assignment  of  all  my  es- 
tate to  be  made  by  me  for  the  benefit  of  all  my  creditors : 

Now,  THEEEFOBE,  KNOW  TE,  that  in  conformity  to  the  said  direction,  I 
have  granted,  released,  assigned  and  set  over,  and  by  these  presents  do 
grant,  release,  assign  and  set  over  unto  Y.  Z,,  assignee,  nominated  to 
receive  the  same,  all  my  estate,  real  and  personal,  both  in  law  and  equity, 
in  possession,  reversion  or  remainder,  and  all  books,  vouchers  and  securi- 
ties relating  thereto,  to  hold  the  same  unto  the  said  assignee  to  and  for  the 
yse  of  all  my  creditors. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this  day 
of  ,  in  the  year  one  thousand  eight  hundred  and 

Signed,  sealed  and  delivered  [  [Signature  and  seal.] 

in  the  presence  of         ) 
[Signatures  of  witnesses.] 

[Add  acknowledgment  or  proof  iy  subscribing  witness^  as  in  case  of  a  deed : 
see  pages  55,  59  and  60.] 


982.   Certificate  That  the  Assignment  Has  Been  Made. 

I,  Y.  Z.,  do  hereby  certify,  that  A.  B.,  an  insolvent  debtor,  has  this  day 
granted,  conveyed,  assigned  and  delivered  to  me  for  the  use  and  benefit  of 
all  his  creditors,  all  his  estate,  real  and  personal,  both  in  law  and  equity,  in 
possession,  reversion  or  remainder,  and  all  books,  vouchers  and  securities 
relating  to  the  same,  except  such  articles  of  wearing  apparel  and  bedding 
as  are  reasonable  and  necessary  for  the .  said  insolvent  and  his  family  to 
retain,  and  also  his  arms  and  accoutrements. 

In  witness  [etc.^  and  acknowledgment  or  proof  as  in  form  above]. 


983.  Discharge  of  Insolvent. 

To  all  to  whom  these  presents  shall  come  or  may  concern :   I,  M.  N.,  county 
judge  in  and  for  the  county  of  ,  send  greeting  : 

Whereas,  A.  B.,  of  the  city  of  ,  an  insolvent  debtor,  residing  within 

the  said  city,  did,  in  conjunction  with  so  many  of  his  creditors,  residing 
within  the  United  States,  as  have  debts  in  good  faith  owing  to  them  by  the 
said  insolvent,  amounting  to  at  least  two- thirds  of  all  the  debts  owing  by  him 
to  creditors  residing  within  the  United  States,  present  a  petition  to  me, 


492  ABBOTTS'  FORMS. 


Discharge  in  Insolvency. 


praying  that  tlie  estate  of  the  said  insolvent  might  be  assigned  for  the  benefit 
of  his  creditors,  and  he  be  discharged  from  his  debts,  pursuant  to  the  pro- 
vision of  the  statute  authorizing  an  insolvent  debtor  to  be  discharged  from 
his  debts ;  whereupon,  I  ordered  notice  to  t)e  given  to  all  the  creditors  of 
the  said  insolvent  to  show  cause,  if  any  they  had,  before  me,  at  a  certain 
time  and  place,  why  an  assignment  of  the  said  insolvent's  estate  should  not 
be  made,  and  he  be  discharged  from  his  debts,  proof  of  the  due  publi- 
cation and  due  service  whereof  hath  been  duly  made  to  me. 

And  whereas  it  satisfactorily  appears  to  me,  that  the  doings  on  the  part 
of  the  insolvent  and  the  creditors  are  just  and  fair,  and  that  the  said  insol- 
vent has  conformed  in  all  things  to  those  matters  required  of  him  by  the  said 
statute,  I  directed  an  assignment  to  be  made  by  the  said  insolvent,  of  all 
his  estate,  real  and  personal,  both  in  law  and  equity,  in  possession,  reversion, 
or  remainder,  to  Y.  Z.,  assignee  nominated  by  the  creditors  to  receive  the 
same,  and  the  said  insolvent  having,  on  the  day  of  ,18,  made  such 
assignment,  and  produced  to  me  a  certificate  thereof,  executed  by  the  said 
assignee,  and  duly  proved,  and  also  a  certificate  of  the  clerk  of  this  county, 
that  such  assignment  is  duly  recorded  in  his  oflSce  :  Now,  therefore,  know 
ye,  that  by  virtue  of  the  power  and  authority  in  me  vested,  I  do  hereby 
discharge  the  said  insolvent  from  all  his  debts  and  from  imprisonment,  pur- 
suant to  the  provisions  of  the  said  statute. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  the  day 
of  ,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

[Signature  and  seal  of]  County  Judge,  County. 


984.  Oath  of  Assignee. 

County  of  ,  m. 

I,  Y.  Z.,  having  been  appointed  assignee  of  A.  B.,  an  insolvent  debtor,  do 
swear  that  I  wUl  well  and  truly  execute  the  trust  by  that  appointment 
reposed  in  me,  according  to  the  best  of  my  skill  and  understanding. 

Sworn  [etc.,  as  in  Form  858].  [Signature.] 


985.  Notice  hy  the  Assignees  to  the  Creditors,  etc. 

Notice  is  hereby  given,  pursuant  to  the  statute,  that  the  undersigned  has 
been  appointed  assignee  of  A.  B.,  an  insolvent  debtor. 

All  persons  indebted  to  the  said  debtor  are  hereby  required  on  or  before 
the        day  of  >  18    ,  to  render  an  account  of  all  moneys  owing  by 

them  respectively,  to  the  undersigned  assignee,  and  to  pay  the  same ;  and 
all  persons  having  in  their  possession  any  property  of  such  debtor,  to  deliver 
the  same  to  the  undersigned  by  said  day ;  and  all  creditors  of  such  debtor 
to  deliver  theu*  respective  accounts  and  demands  to  the  undersigned  by 
said  day.  [Signature  and  address  of  assignee.] 

[Bale.] 


INSURANCE.  49' 


General  Principles. 


986.  Petition  After  Action  Commenced^  or  Pending  Proceedings^   Under 
Non- Imprisonment  Act.{f) 

To  the  Hon.  M.  N.,  judge  [etc.,  as  the  case  may  he]. 

The  petition  of  A,  B,,  of  the  town  of  ,  in  the  county  of  , 

respectfully  shows : 

I.  That  an  action  has  been  commenced  against  him  in  a  court  of  record, 
in  which,  by  the  provisions  of  the  act  to  abolish  imprisonment  for  debt,  and 
to  punish  fraudulent  debtors,  he  cannot  be  arrested  or  imprisoned  [or  state 
proceedings  had  under  the  statute], 

II.  That  the  said  action  is  brought  by  Q.  E.,  in  the  Court  of  this 
State,  and  was  commenced  by  summons,  served  upon  the  said  petitioner  on 
the         day  of            ,  18     . 

Wherefoee,  your  petitioner  prays  that  his  property  may  be  assigned, 
and  that  he  may  have  the  benefit  of  the  provisions  of  the  said  act. 

[Signature.] 


CHAPTER  L. 
INSURANCE. 

Companies  for  transacting  the  business  of  insurance  are  formed  either  by 
special  charter,  or  by  organization  under  general  laws  of  the  State  in  which 
they  are  formed,  authorizing  such  companies  to  become  incorporated.  The 
statutes  must  be  taken  as  the  guide  for  this  purpose  ;  but  the  general  form  of 
certificates  for  forming  corporations  under  such  laws  will  be  seen  on  referring 
to  the  chapter  on  MANCTFACTXiRmG  Corpokations. 

The  forms  of  policies  of  insurance  are  settled  and  printed  by  the  companies 
issuing  them. 

The  blanks  ought  to  be  so  filled  as  to  specify  the  parties,  the  rate  of  premium, 
the  subject  or  thing  issued,  the  risks  insured  against,  the  period  during  which 
the  insurance  is  to  continue ;  and  in  general  it  is  desirable  that  the  interest  of 
the  insured  should  be  specified.  When  the  name  of  the  person  intended  to  be 
insured  is  specified  in  the  policy,  the  insurance  can  apply  only  to  his  own 
proper  interest.  But  the  fact  that  the  person  named  acts  as  agent  or  trustee, 
and  that  his  principal  or  beneficiary  is  the  real  party  in  interest,  is  sufficiently 
shown  by  describing  the  person  named  as  agent  or  as  trustee,  and  it  is  not 
essential  to  name  the  principal  or  beneficiary.  Where  a  partner  or  part  owner 
is  named,  the  terms  of  the  policy  should  be  such  as  are  applicable  to  the  joint 
interest,  if  it  is  desired  to  cover  the  interest  of  his  co-tenants. 

Where  the  owner  of  property  mortgaged  eiFects  insurance  in  his  own  name, 
providing  that  the  loss,  if  any,  is  payable  to  the  mortgagee,  or  assigns  to  him 
a  policy  with  the  insurers'  assent,  the  insurance  is  still  deemed  to  be  upon  the 

(/)  The  verification  schednles  and  other  the  preliminary   recitals,   and   declaring 

proceedings  except  notice  will  be  similar  the (Jebtor merely  "exonerated from  being 

to  the  preceding  forma,  and  the  discharge  proceeded  against  by  any  creditor  entitled 

will  be  in  similar  form,  varying,  however,  to  a  dividend  of  his  estate." 


494  ABBOTTS'  FORMS. 


InBurance. 


interest  of  the  mortgagor,  and  any  act  of  his  which  will  render  the  policy  void 
will  have  the  same  effect  as  against  the  mortgagee. 

Notices  of  Abandonment  and  Protests  relating  to  marine  losses  form  the 
subject  of  separate  chapters. 

Fire  policies  usually  contain  a  condition  requiring  in  substance  that  persons 
sustaining  loss  or  damage  by  fire  shall  forthwith  give  written  notice  thereof  to 
the  company,  and  as  soon  after  as  possible  deliver  as  particular  an  accoimt  of 
their  loss  and  damage  as  the  nature  of  the  case  will  admit,  signed  with  their 
own  hands ;  and  accompany  the  same  with  their  oath  or  aflBrmation,  declaring 
the  account  to  be  true  and  just ;  showing,  also,  the  ownership  of  the  property 
insured  ;  what  other  insurance,  if  any,  existed  on  the  same  property,  and  giving 
a  copy  of  the  written  portion  of  the  policy  of  each  company ;  what  was  tho 
whole  cash  value  of  the  subject  insured  ;  what  was  their  interest  therein  ;  in 
what  manner  (as  to  trade,  manufactory,  merchandise,  or  otherwise)  the  build- 
ing insured,  or  containing  the  subject  insured,  and  the  several  parts  tliereof, 
were  occupied  at  the  time  of  the  loss ;  who  were  the  occupants  of  such  build- 
ing ;  and  when  and  how  the  fire  originated,  so  far  as  they  know  or  believe. 
And  also  produce  a  certificate,  under  the  hand  and  seal  of  a  magistrate,  or 
notary  public,  most  contiguous  to  the  place  of  the  fire,  and  not  concerned  in 
the  loss  as  a  creditor  or  otherwise,  or  related  to  the  insured  or  sufferers,  stating 
that  he  has  examined  the  circumstances  attending  the  fire,  loss,  or  damage 
alleged  ;  and  that  he  is  acquainted  with  the  character  and  circumstances  of  the 
insured,  and  that  he  verily  believes  that  they  have,  by  misfortune,  and  without 
fraud  or  evil  practice,  sustained  loss  and  damage  on  the  subject  insured,  to  the 
amount  which  such  magistrate  or  notary  public  shall  certify. 

The  condition  that  notice  of  loss  be  given  "  forthwith,"  is  satisfied  by  due 
and  reasonable  diligence.    Notice  on  the  same  day  is  not  absolutely  necessary 

The  condition  that  the  insured  shall  deliver  a  particular  account  of  loss, 
etc.,  is  to  be  construed  as  requiring  only  as  full  and  accurate  an  inventory  and 
statement  as  the  party,  free  from  fraud  or  fault,  is  able  to  furnish.  Wliere  all 
his  means  for  making  an  accurate  statement  and  inventory  are  consumed  with 
the  merchandise  insured,  a  statement,  verified  by  oath,  showing  this  fact,  and 
that  the  property  covered  by  the  policy  and  destroyed  was  at  least  of  the  value 
of  a  sum  named,  is  a  sufficient  compliance  with  the  condition.  Nor  does  the 
fact  that  he  afterwards  attempted,  at  the  request  of  the  company,  to  make  a 
more  particular  statement  from  recollection  and  estimate,  tend  to  invalidate 
the  truth  of  the  statement. 

If,  when  the  preliminary  proofs  are  presented,  the  insurer  does  not  object  to 
their  sufficiency,  but  places  a  refusal  to  pay  the  loss,  specifically  on  some  other 
ground,  it  is  an  admission  of  their  sufficiency,  or  a  waiver  of  proof  Good 
faith  on  the  part  of  the  insurers  requires  that  if  they  mean  to  insist  upon  a 
merely  formal  defect  in  the  preliminary  proofs,  they  should  apprise  the  insured 
of  the  nature  of  the  objection,  so  as  to  give  him.  an  opportunity  of  supplying 
the  defect. 

PAOB 

987.  Immediate  notice  of  loss 494 

9S8.  Preliminary  proofs 495 

989.  Certificate  of  magistrate 496 

990.  Schedule  of  property,  and  appraisal 497 

^      987.  Immediate  Notice  of  Loss. 
to  the  Insurance  Company  of  : 

My  ,  situated  on  street,  in  ,  insured  hy  your  company 

by  policy  No.  ,  was  injured  [or,  destroyed]  by  fire  this  morning.  The 
origin  of  the  fire  [or,  is  to  me  unknown].    Full  proofs  of  the  loss  will 

be  duly  forwarded  to  you,  as  soon  as  they  are  prepared.         ISignature.] 

[Date.] 


INSURANCE.  495 


Proofs  of  loss. 


:\ 


Prelimina/ry  Proofs  of  Loss. 
State  of 

County  of 
To  the  Insurance  Company  of  : 

Be  it  known,  that  on  this  day  of  ,  A.  d.  18    ,  before  me  [here 

insert  name  and  title  of  magistrate]  duly  commissioned  and  sworn,  and  re- 
siding in  the  town  [or,  city]  of  ,  in  the  county  and  State  aforesaid, 
personally  appeared  [name  of  insured  or  assignees'\{a)  who  being  duly 
sworn,  depose  and  say,  and  each  for  himself  says,  that  the  following  state- 
ment and  the  papers  therein  referred  to  and  signed  with  his  \or,  their]  own 
hand  contains  a  particular,  just  and  true  account  of  his  [or,  their]  loss  in 
the  words  and  figures  following — to  wit  : 

I.  That  on  the  day  of  ,  a.  d.  18  ,  the  Insurance  Company 
of  ,  by  their  policy  of  insurance,  numbered  ,  issued  by  them  [or, 
by  M.  N.,  their  agent]  at  ,  in  the  State  of  ,  did  insure  the  party 
herein  and  therein  named  against  loss  or  damage  by  fire  to  the  amount  of 
[here  give  the  tcritten  portion  of  the  policy  in  full]  for  the  term  of 

from  the        day  of  ,  A.  d.  18     ,  to  the        day  of  ,  A,  d.  18    , 

at  noon  [which  said  policy  was  subsequently  continued  in  force  by  renewal, 
until  the        day  of  ,  a.  d.  18    ,  at  noon]. 

II.  That  in  addition  to  the  amount  covered  by  said  policy  of  said  coiri- 
pany,  there  was  no  other  insurance  thereon  [or,  if  any,  say,  there  was 

other  insurance  made  thereon  to  the  amount  of  dollars,  as 

specified  in  the  accompanying  schedule(5),  showing  the  name  of  each  com- 
pany, and  the  written  portions  of  each  policy,  besides  which  there  was  no 
other  insurance  thereon]. 

III.  That  the  actual  cash  value  of  the  property  so  insured  amounted  to 
the  sum  of  dollars  [if  the  loss  is  on  buildings,  give  their  value,  exclu- 
sive of  land,  cellar  and  foundations]  at  the  time  immediately  preceding  the 
fire,  as  will  appear  by  the  annexed  schedule,  showing  a  full  and  accurate 
description  of  each  kind  of  property,  and  the  value  of  the  same,  with  the 
damage  or  loss  on  each  stated  separately. 

IV.  That  the  property  insured  belonged  to  [if  real  estate,  state  whether 
it  is  owned  in  fee-simple  or  held  on  lease.  If  the  property  be  held  in  trust 
or  on  commission,  state  in  the  schedule  the  names  of  the  owners,  marks  and 
numbers,  and  the  insurance,  if  any,  by  the  owners  or  consignees]. 

V.  That  the  building  insured,  or  containing  the  property  destroyed  or 
damaged,  was  occupied  in  its  several  parts  by  the  parties  hereinafter  named, 
and  for  the  following  purposes— to  wit  [designating  them],  and  for  no  other, 
purposes  whatever. 


(a)  One  holding  the  policy  as  assignee,  (J)  If  there  beany  additional  insurance, 
■with  consent  of  the  insurer,  is  the  proper  annex  a  schedule  of  it,  giving  the  name  of 
person  to  give  notice  of  loss,  under  the  eachcompany,  the  date  and  term  of  policy, 
clause  requiring  notice  of  the  loss  from  the  rate  of  premium,  and  the  entire  writ- 
persons  insured.  Cornell  v.  Le  Eoy,  9  ten  portion  of  each  policy. 
Wend.,  168. 


496  ABBOTTS'  FOKMS. 


Insurance. 


VI.  That  on  the         day  of  ,  a.  d.  18    ,  a  fire  occurred  by  which 

the  property  insured  was  injured  or  destroyed  to  the  amount  of  dol- 

lars, as  set  forth  in  the  statement,  and  the  several  schedules  and  papers 
hereunto  annexed,  which  the  deponent  declares  to  be  a  just,  true  and  faith- 
ful account  of  his  [or,  their]  loss  as  far  as  he  has  [or,  they  have]  been  able 
to  ascertain  the  same. 

And  the  insured  claim,  of  the  Insurance  Company,  the  sum  of 

$  ,  as  follows : 

$  on  . 

$  on  [etc.,  malcing  the  subdivisions  of  the  amount  claimed 

• to  correspond  with  the  subdivisions  of  the  policy.'] 

%  Total  amount  claimed. 

Vn.  That  the  fire  originated  [here  state  all  you  Tcnow  about  the  origin  of 
thefire\.  And  the  said  deponent  further  declares  that  the  said  fire  did  not 
originate  by  any  act,  design  or  procurement  on  his  [or,  their]  part,  or  in 
consequence  of  any  fraud  or  evil  practice  done  or  suffered  by  him  [or,  them], 
and  that  nothing  has  been  done  by  or  with  his  [or,  their]  privity  or  consent 
to  violate  the  conditions  of  insurance,  or  render  void  the  policy  aforesaid. 

Witness  my  hand  [or,  our  hands],  at  ,  in  the  county  of  ,  and 

State  of  ,  this        day  of  ,  a.  d.  18    .  \Signature?^ 


Subscribed  and  sworn  to  before  me, ) 
this        day  of  ,  a.  d.  18    .     \ 

[Signature  of  officer.] 


989.  Certificate  of  Magistrate. 
State  of     '        ,  |  ^^ 
County  of        . ) 

I  [here  insert  name  and  title  of  magistrate],  residing  in  ,  most  con- 

tiguous to  the  property  hereinbefore  described, (c)  hereby  certify  that  I  am 
not  concerned  in  the  loss  or  claim  above  set  forth,  either  as  a  creditor  or 
otherwise,  or  related  to  the  insured  or  sufferers((Z) ;  that  I  have  examined 
the  circnmstances  attending  the  fire,  or  damage  as  alleged;  and  that  I  am 
well  acquainted  with  the  character  and  circumstances  of  the  insured,  and 
do  verily  believe  that  he  has  [or,  they  have],  by  misfortune,  and  without 
fraud  or  evil  practice,  sustained  loss  and  damage  on  the  property  insured 
to  the  amount  of  dollars. 

In  testimont  whebeof,  I  have  hereunto  set  my  hand  and  [oflScial]  seal, 
this        day  of  ,a.  d.  18    .  [Signature,  title  and  seal.] 


(e)  The  office  of  the  magistrate,  rather        (aO  The  certifleate  of  the  magistrate  as 

than  his  dwelling,  may  be  considered  as  to  the  loss,  stating  that  he  was  not  inte- 

determining  his  contiguity  ;  und  a  certifi-  rested,  etc.,  is  prima  facie  evidence  of  the 

cate  of  a  magistrate  is  sufficient,  though  a  fact.      Slight  evidence  that  he  was  the 

notary  lives  a  few  feet  nearer  to  the  place  nearest  justice  suffices.     Cornell  v.  Le 

of  the  fire.    Turley  v.  North  American  Koy,  9  Wend.,  168. 
Fire  Ins.  Co.,  25  Wend.,  374. 


INTEEEST. 


497 


Kules  for  the  Computation  of  Interest. 


990.  Schedule  of  Property^  and  Appraisal. 

The  undersigned  hereby  certify  that  the  annexed  is  a  schedule  of  the 
property  of  ,  damaged  by  on  the        day  of  ,  a.  d.  18    , 

at  ,the  damage  on  which  was  fixed  by  the  undersigned  on  the        day 

of  ,  A.  D.  18     . 


QUANTITY. 

NAMES  OF  ARTICLES 
AND  KABES. 

ACTUAL  CASH  VALUE  A3 
SOUND. 

XPPRAISED  DAMAGES. 

Particular. 

Aggregate. 

Particular. 

Aggregate. 

[Signatures  of  appraisers.'] 


CHAPTEK  LI. 


INTEEEST. 

Computation. — When  interest  is  to  be  computed  by  months,  a  month  is  to 
be  taken  to  be  one-twelfth  of  a  year ;  and  the  first  table  given  below  is  appro- 
priate for  computing  the  interest  in  such  cases. 

But  when  interest  is  expressed  to  be  computable  by  days,  each  day  is  re- 
garded as  the  36oth  part  of  a  year,  and  in  such  cases  the  second  table  is  the 
appropriate  one. 

In  commercial  affairs,  the  calculation  of  interest  on  cents  is  not  generally 
practised,  the  usage  being  to  increase  the  number  of  dollars  by  one,  when  there 
are  fifty  or  more  cents,  and  to  disregard  the  cents  when  there  are  less  than 
fifty. 

PajiiaZ  Payments. — The  rule  for  casting  interest  when  partial  payments 
have  been  made,  is  to  apply  the  payment,  in  the  first  place,  to  the  discharge  of 
the  interest  then  due.  If  the  payment  exceeds  the  interest,  the  surplus  goes 
towards  discharging  the  principal,  and  the  subsequent  interest  is  to  be  com- 
puted on  the  balance  of  principal  remaining  due.  If  the  payment  is  less  than 
the  interest,  the  surplus  of  interest  must  not  be  taken  to  augment  the  principal ; 
but  interest  continues  on  the  former  principal  until  the  period  when  the  pay- 
ments, taken  together,  exceed  the  interest  due,  and  then  the  surplus  is  to  be 
applied  towards  discharging  the  principal,  and  interest  is  to  be  computed  on 
the  balance. 

Compound  interest,  or  interest  calculated  upon  unpaid  interest,  is  not  in 
general  collectable,  unless  there  is  an  express  agreement  made  after  the  interest 
has  become  due,  that  it  shall  bear  interest. 
82 


498 


ABBOTTS'  FORMS. 


Tables  for  Computing  Interest. 


991.  Table^  Showing  the  Interest  on  Sums  from  $10  to  $5,000,  for  Fifteen 
Days^  One  Mouthy  and  for  One  Year,  at  Six  and  at  Seven  per  Cent. 


15  DATS. 

1  MONTH. 

1  TE\R. 

6  per  ct. 

7  per  ct. 

6  per  ct. 

7  per  ct. 

6  perct. 

7  per  ct. 

$10. 

..$0.03. 

.  .$0.03 

$10. 

..$0.05.. 

.$0.06 

$10. 

.   $0.60.. 

..  $0.70 

20. 

..   0.05. 

..  t).06 

20. 

. .   0.10.. 

.   0.12 

20. 

.      1.20.. 

. .      1.40 

80. 

..   0.08. 

..   0.09 

30. 

. .    0.15.. 

.   0.18 

30. 

.      1.80.. 

..      2.10 

40. 

. .   0.10. 

..   0.12 

40. 

..   0.20.. 

.   0.23 

40. 

.     2.40  . . 

. .      2.80 

50. 

..    0.13. 

..   0.15 

50. 

..   0.25.. 

.   0.29 

50. 

.     S.OO . . 

. .     3.50 

60. 

. .  0.15. 

..   0.18 

60. 

. .   0.30.. 

.   0.35 

60. 

.     3.60.. 

. .     4.20 

70. 

. .   0.18. 

..   0.20 

70. 

. .   0.35.. 

.   0.41 

70. 

.     4.20.. 

. .     4.90 

80. 

. .  0.20. 

..   0.23 

80. 

. .   0.40.. 

.   0.47 

80. 

.     4.80.. 

. .     5.60 

90. 

. .   0.23. 

..  0.26 

90. 

..   0.45.. 

.   0.53 

90. 

.     5.40.. 

.       6.30 

100. 

. .  0.25. 

..  0.30 

100. 

. .   0.50.. 

.   0.58 

100. 

.     6.00.. 

. .     7.00 

200. 

. .  0.50. 

..   0.58 

200. 

.   1.00.. 

.   1.18 

200. 

.    12.00.. 

. .   14.00 

800. 

. .  0.75.. 

..   0.87 

300. 

.    1.50.. 

.   1.75 

300. 

.   18.00.. 

. .   21.00 

400. 

.   1.00.. 

..   1.17 

400. 

.   2.00.. 

.   2.33 

400. 

.   24.00.. 

..  28.00 

500. 

.   1.25.. 

..  1.46 

500. 

.  2.50.. 

.   2.92 

500. 

.   30.00.. 

. .   85.00 

1,000. 

. .  2.50.. 

..  2.91 

1,000. 

.   5.00.. 

.   5.83 

1,000. 

.   60.00.. 

..   70.00 

2,000. 

.  5.00.. 

..    5.83 

2,000. 

.10.00.. 

.11.67 

2,000. 

.120.00.. 

..140.00 

8,000. 

.  7.50.. 

..  8.75 

3,000. 

.15.00.. 

.17.50 

3,000. 

.180.00.. 

..210.00 

4,000. 

.10.00.. 

..11.66 

4,000. 

.20.00.. 

.23.33 

4,000. 

.240.00.. 

..280.00 

5,000. 

.12.50.. 

..14.58 

5,000. 

.25.00.. 

.29.17 

5,000. 

.800.00.. 

..850.00 

992.  Tal}le,  Showina  the  Interest  per  Day,  on  Sums  from  $100  to  $20,000 
at  Six  and  Seven  per  Cent. 


6  per  ct.  7  per  ct. 

$100 0.02 0.02 

200 0.03 0.04 

300 0.05 0.06 

400 0.07 0.08 

500 0.08 0.10 

600 0.10 0.12 

700 0.12 0.13 

800 0.13 0.15 

900 0.15 0.17 

1,000 0.16 0.19 


6  per  ct. 
$2,000 $0.33.. 

3,000 0.49.. 

4,000 0.66.. 

5,000 0.82.. 

6,000 0.99.. 

7,000 1.15.. 

8,000 1.32.. 

9,000 1.48.. 

10,000 1.64.. 

20,000 3.28.. 


per  ct. 

$0.38 
0.58 
0.77 
0.96 
1.15 
1.34 
1.53 
1.73 
1.92 
3.84 


JUSTICES  OF  THE  PEACE.  499 

Election,  etc. 


CHAPTEE  LII. 

JUSTICES  OF  THE  PEACE. 

In  the  United  States,  justices  of  the  peace,  in  addition  to  their  common-law 
powers  as  conservators  of  the  peace,  generally  have  jurisdiction  in  civil  cases. 
Their  civil  jurisdiction  is  different  in  the  different  States,  but  is  usually  limited 
to  actions  for  the  recovery  of  debts  not  exceeding  a  certain  amount,  or  of 
damages  for  injuries  to  property,  and  to  suits  on  promises,  express  or  implied, 
or  for  trespasses,  where  the  title  to  real  estate  does  not  come  in  question. 

The  forms  for  various  special  statutory  proceedings  of  which  they  have 
jurisdiction,  are  contained  in  the  chapters  relating  to  the  various  subjects. 

PAOM 

993.  Certificate  of  election 499 

994.  Supervisor's  notice  of  drawing 499 

995.  Certificate  of  the  drawing 499 

993.  Certificate  of  the  Election  of  a  Justice  of  the  Peace. 

OOTTNTY  OF  ,  ) 

Town  of  . )     ' 

I,  M.  N.,  clerk  of  the  annual  town  meeting,  held  in  the  town  of 
aforesaid,  on  the        day  of  »  18    >  hereby  certify  that  the  following 

persons  were  chosen  justices  of  the  peace  for  said  town,  at  such  town 
meeting — viz. : 

A.  B.  for  four  years ; 
C.  D.  to  fill  the  unexpired  term  of  E.  F. 
[Date.] 

M.  N.,  clerk  of  the  annual  town  meeting  in  the  town  of 

994.  Supertiaor's  Notice  of  Drawing. 

Please  take  notice,  that  I  will  meet  the  justices  elected  for  the  town 
of  ,  and  the  town  clerk  of  said  town,  at  the  house  of  ,  in  said 

town,  on  the        day  of  ,  18    ,  at  ,  in  the  noon,  to  deter- 

mine by  lot  the  classes  of  such  justices. 

{Date.]  O.  P.,  Supervisor  of  the  Town  of 


995.  Certificate  of  the  Drawing, 

OoTTNTY  OF 

Town  of 

We,  M.  N.  and  O.  P.,  the  supervisor  and  town  clerk  of  the  said  town 
of  ,  hereby  certify  that  on  the        day  of  instant,  at  the  house 

of  ,  in  said  town,  a  drawing  was  had  in  our  presence,  according  to 


:\ 


500  ABBOTTS'  FORMS. 


Landlord  and  Tenant. 


statute,  to  determine  by  lot  the  respective  classes  of  A.  B.,  0.  D.  [etc.,  etc.]. 
elected  justices  of  the  peace  for  said  town,  at  a  general  [07%  special]  electioi/ 
held  therein,  on  the        day  of  last  past ;  and  that  the  following  v 

the  result  of  such  drawing : 

A.  B.  drew  for  the  term  of  four  years ; 

0.  D.  drew  for  the  term  of  three  years  [etc.] 
[Bate.l  [Signatures  and  titles.] 


CHAPTER  LIII. 

LANDLORD  AND  TENANT. 


The  contract. — The  appropriate  instrument  for  creating  and  defining  the 
relation  of  landlord  and  tenant  is  a  Lease,  and  matters  concerning  the  contract 
are  treated  in  the  subsequent  chapter  under  that  title.  It  is  not  essential, 
however,  that  a  contract  of  hiring  real  estate  be  reduced  to  writing  if  it  do  not 
exceed  the  term  of  one  year.  The  agreement  is  not  only  often  verbal,  but  ia 
sometimes  not  even  express,  but  implied  from  the  circumstances  under  which 
the  tenant  has  possession  of  the  landlord's  property. 

Notice  to  quit. — Where  a  tenant,  with  consent  of  the  landlord,  enters  into 
possession,  without  any  express  bargain,  he  is  a  tenant  at  will.  A  tenancy  at 
will  may  be  determined  by  the  will  of  either  party,  but  only  after  reasonable 
notice  given  by  the  party  intending  to  terminate  the  tenancy.  The  rule  is  not 
uniform  in  the  various  States,  as  to  what  this  notice  should  be.  In  some 
instances,  a  notice  of  six  months  may  still  be  necessary,  as  it  is  in  England. 
One  of  three  months  is  more  generally  sufficient ;  and  in  some  States  the  notice 
must  be  at  least  equal  to  the  interval  between  the  periods  of  payment  of  rent. 
In  the  absence  of  a  statute  rule,  the  general  custom  is  that  the  notice  should 
cover  the  whole  of  one  of  the  regular  intervals  between  payments.  Thus  if 
the  rent  is  paid  quarterly,  so  that  three  months'  notice  would  be  sufficient,  the 
notice,  even  if  given  in  the  middle  of  a  quarter,  does  not  expire  till  the  end  of 
the  following  quarter.  The  statutes  of  some  of  the  States  (among  others  New 
York)  makes  one  month's  notice  sufficient. 

Where  the  tenancy  is  under  a  lease  having  a  definite  termination,  or  where 
it  is  a  tenancy  from  year  to  year,  a  notice  to  quit  is  not  necessary  to  enable  the 
landlord  to  take  summary  proceedings  under  the  statute. 

No  particular  form  of  notice  is  necessary  ;  but  there  must  be  reasonable  cer- 
tainty in  the  description  of  the  parties,  of  the  premises,  of  the  purpose,  and  of 
the  time. 

I.  Notices.  pack 

996.  Notice  to  terminate  a  lease 501 

997.  Notice  to  quit,  by  landlord,  to  tenant  from  year  to  year ,.  501 

998.  Notice  to  quit,  by  tenant  from  year  to  year,  to  landlord 501 

999.  Notice  to  tenant  to  quit  in  one  month  (under  the  statute) 502 

1000.  Notice  to  quit  in  fifteen  days  (where  lease  reserves  right  of  re-entry).  502 

II.  Prockedikgs  to  dispomess. 

1001.  Affidavit  by  landlord  to  obtain  possession  of  deserted  premises 502 

1002.  Notice  to  tenant  who  has  deserted  premises , 503 


LANDLORD  AND  TENANT.  501 

Notices. 

«  FAOIC 

1003.  Notice  to  deliver  possession  on  default  in  rent 503 

1004.  Affidavit  to  remove  a  tenant  at  will 503 

1005.  Affidavit  of  holding  over  after  expiration  of  term 503 

1006.  Affidavit  to  remove  tenant  for  non-payment  of  rent 504 

1007.  Summons  to  tenant  to  show  cause 504 

1008.  Affidavit  of  service 504 

1009.  "Warrant  to  dispossess  tenant,  who  holds  over  after  expiration  of 

lease .- 505 

1010.  Warrant  to  dispossess  tenant  at  will  or  at  sufferance  after  notice...  505 

1011.  Warrant  to  dispossess,  on  default  in  rent 506 

1012.  Eeturn  of  officer 506 

1013.  Affidavit  of  denial  by  tenant 506 

1014.  Precept  to  summon  a  jury 506 

1015.  Warrant  to  dispossess,  after  verdict  against  the  tenant 507 

III.    FOBCIBLK  ENTRT  AND  DETAINER. 

1016.  Complaint 507 

1017.  Affidavit 607 


L  Notices. 

996.  Notice  to  Terminate  a  Lease. 

I  HEREBY  give  you  notice,  that  in  pursuance  of  the  power  for  thia  purpose 
given  to  me  by  the  indenture  of  lease,  dated  the        day  of  ,  and 

juade  betvreen  you,  of  the  one  part,  and  me.  of  the  other  part,  it  is  my  in- 
tention to  determine  the  lease  thereby  made,  on  the  day  of  next, 
and  I  shall  therefore  quit  and  deliver  up  possession  to  you  [or,  require  you 
to  quit  and  deliver  up  possession  to  me]  of  the  messuage  [etc.,  here  briefly 
describe  the  premises].                                                                  [Signature.] 

[Bate.] 

[Address.] 

997.  Notice  to  Quti  by  a  Landlord  to  a  Tenant  from  Year  to  Tea/r. 

I  HEREBY  give  you  notice  to  quit  and  deliver  up,  on  the  day  of 
next  [if  the  current  year  of  your  tenancy  expires  on  that  day,  or  otherwise 
on  the  day  on  which  the  current  year  of  your  tenancy  will  expire,  next 
after  the  end  of  half  a  year  [or,  of  a  quarter  year ;  or.,  of  a  month]  from  the 
time  of  your  being  served  with  this  notice],  (a)  the  possession  of  the  mes- 
suage [etc.y  here  briefly  describe  the  property]  which  you  now  hold  of  me  as 
a  yearly  tenant.  [Signature  of  landlord.'] 

[Date.]  ' 

[Address  to  tenant.] 

998.  Notice  to  Quit,  by  Tenant  from  Year  to   Year,  to  Landlord. 

I  HEREBY  give  you  notice,  that  I  shall  quit  and  deliver  up,  on  the  day 
of  next  [if  the  current  year  of  my  tenancy  expires  on  that  day,  or 

(a)  The  words  in  brackets  will  be  inserted  wherever  there  is  any  doubt  as  to  the 
day  on  which  the  tenancy  commenced. 


502  ABBOTTS'  FORMS. 


Notices  to  Quit.  Dispossessing  Tenants. 

otherwise  on  the  day  on  which  the  current  year  of  my  tenancy  will  expire 
next  after  the  end  of  half  a  yeai*  [or,  a  quarter  year ;  or,  of  a  month], 
from  the  time  of  your  heing  served  with  this  notice],(6)  the  possession  of 
the  messuage  [etc.,  here  hriefly  describe  the  property']  which  I  now  hold  of 
you  as  a  yearly  tenant.  [Signature  of  the  tenant^ 

[Date.] 

[Address  to  the  landlord.] 

999.  Notice  to  Tenant  to  Quit  in  One  Month,  Under  the  Statute. 
Please  take  notice,  that  you  are  hereby  required  to  surrender  and  de- 
liver up  possession  of  the  [here  briefly  describe  premises],  and  to  remove 
therefrom,  on  the        day  of  next,  pursuant  to  the  provisions  of  the 

statute  relating  to  the  rights  and  duties  of  landlord  and  tenant. 

[Date.]  [Signature  of  landlord.] 

,  [Address  to  tenant.] 

1000.  Notice  to  Tenant  to  Quit  in  Fifteen  Days.(c) 
Please  take  notice,  that  you  are  hereby  required  to  surrender  and  de- 
liver up  possession  of  the  [here  briefly  describe  the  premises],  and  that  I  intend 
to  re-enter  and  take  possession  of  the  said  premises,  on  the        day  of 
next  (which  is  at  least  fifteen  full  days  from  the  service  of  this  notice),  pur- 
suant to  the  provisions  of  an  act,  entitled  "  An  Act  to  abolish  distress  for 
rent,  and  for  other  purposes,"  passed  May  13,  1846. 
[Date.]  [Signature  of  landlord.]  ■ 

[Address  to  tenant.] 

n.   PeOCEEDINGS  to  Di8P0B3E8S.((?) 

1001.  Affidavit  by  Landlord  to  Obtain  Possession  of  Deserted  Premises. 

.OOXTNTX   OF  ySS. 

A.  B.,  of  ,  being  duly  sworn,  says,  that  he  demised  to  Y.  Z.,  of 

,  the  premises  lately  occupied  by  the  said  Y.  Z.,  on  street, 

in  the  village  of  ,  in  said  county,  for  the  term  of  ,  from  the 

day  of  J  18    ,  at  the  yearly  rent  of  dollars,  payable  quarter- 

yearly  ;  that  the  said  Y.  Z.  entered  into  the  possession  of  the  said  premises, 
as  tenant  thereof,  by  virtue  of  the  said  demise,*  and  is  now  indebted  to 
your  petitioner  in  the  sum  of  dollars,  for  one  rent  of  the  said 

premises,  due  tiie        day  of  j  18    ;  and  that  he  has  deserted  the 

same,  leaving  the  said  rent  in  arrear,  and  the  premises  unoccupied  and  un- 
.^ultivated.  [Signature.] 

SwoKN  [etc.,  as  in  Form  858]. 

(J)  See  preceding  note.  is  reserved  in  default  of  sufficient  goods 

(c)  This  is  allowed  by  the  New  York  whereon  to  distrain. 

Statute  since  the  abolition  of  distress  for  {d)  These   proceedings  to  obtain  pos- 

rent,   in  case  of  default   in  payment  of  session  are  regulated,  in  New  York,  by  2 

rent  on  a  lease  in  which  a  right  of  re-entry-  Rev.  Stat,,  512. 


LANDLOED  AND  TENAIsT.  603 

Proceedings  to  Dispossess. 


1002.  Notice  to  Tenant  Who  Has  Deserted  the  Demised  Premises. 

Please  take  notice,  that,  at  the  request  of  A.  B.,  your  landlord,  and 
upon  due  proof  made  to  me  that  he  had  demised  to  you  the  premises  upon 
which  this  notice  is  affixed,  and  that  you  were  in  arrear  for  one  quarter's 
rent,  amounting  to  dollars,  and  that  you  had  deserted  the  premises, 

leaving  such  rent  in  arrear,  and  had  left  them  unoccupied  and  uncultivated, 
I  have  viewed  the  said  premises,  and  am  satisfied,  upon  such  view,  that 
tlie  same  have  been  so  deserted :  therefore,  you  are  hereby  required  to  ap- 
pear, on  the  day  of  ,  18  ,  at  o'clock  in  the  noon,  at 
the  place  where  this  notice  is  affixed,  and  pay  the  rent  due,  or  the  landlord 
will  be  put  in  possession  of  the  premises. 

[Date.]  [Signature  of]  Justice  of  the  Peace. 

[Addi'ess  to  tenant.] 


1003.  Notice  to  Deliver  Possession  on  Default  in  Pent, 

Take  notice,  that  you  are  justly  indebted  unto  me  in  the  sum  of 
dollars  for  rent  of  [here  briefly  describe  the  premises],  from  the  day  of 
,  which  you  are  required  to  pay  on  or  before  the  expiration  of 
three  days  from  the  day  of  the  service  of  this  notice,  or  surrender  up  the 
possession  of  the  said  premises  to  me,  in  default  of  which  I  shall  proceed 
under  the  statute  to  recover  the  possession  thereof. 

[Date.]  [Signature  of  landlord.] 

[Address  to  tenant.] 

1004.  Affidavit  to  Remove  a  Tenant  at  Will. 
County  of  ,  ss. 

A.  B.,  of  ,  in  said  county,  being  duly  sworn,  says,  that  since 

the  day  of  ,  in  the  year  18    ,  Y.  Z,,  of  ,  has  held 

and  occupied  the  [here  designate  the  premises  definitely],  as  the  tenant  of 
this  deponent,  and  at  his  will,  and  without  any  certain  time  agreed  on  for 
the  termination  of  said  tenancy.  And  this  deponent  caused  a  notice  in 
writing  to  be  served  on  the  said  Y.  Z.,  in  due  form  of  law,  on  the  day 
of  last,  requiring  him  to  remove  from  said  premises  within  one 

from  the  day  of  service  thereof.  That  the  said  time  has  expired,  and  that 
the  said  Y.  Z.  or  his  assigns,  hold  over  and  continue  in  possession  of  the 
said  premises  after  the  expiration  of  said  time,  without  the  permission  of 
this  deponent.  [Signature.] 

SwoEN  [etc.,  as  in  Form  858]. 

1005.  Affidavit  of  Holding  Over  After  Expiration  of  Term. 

[As  in  Form  1001  to  the*,  concluding  thus:]  which  said  term  has  ex- 
pired, and  that  he  or  his  assigns  hold  over  and  continue  in  possession  of  the 
said  premises  without  the  permission  of  this  deponent. 

SwoEN  [etc],  [Signature.] 


504  ABBOTTS'  FORMS. 


Proceedings  to  Diftpossess  Tenant. 


1006.  Affidavit  to  Remove  Tena/ntfor  Non-'payment  of  Rent.{e). 

[As  in  Form  IbO  to  the  *  continuing  thu«  .•]  that  on  the        day  of  , 

deponeot  demanded  the  said  rent  from  the  said  Y.  Z.,  at  ,  by  deliver- 

ing to  him  personally  [or,  by  leaving,  in  the  absence  of  eaid  tenant,  at 

his  last — or,  usual — place  of  residence,  with  his  wife — or,  son  of  mature 
age — residing  on  the  premises,  a  notice,  of  which  a  copy  is  annexed]. 

That  the  said  Y.  Z.  has  not  yet  paid  the  said  rent,  in  pursuance  of  the 
agreement  under  which  the  premises  were  demised  to  him,  or  delivered  up 
possession  of  the  said  premises ;  but  he  has  made  default  in  the  payment  of 
the  said  rent;  and  holds  over  and  continues  in  possession  of  the  said  prem- 
ises without  the  permission  of  this  deponent,  and  that  satisfaction  of  the 
said  rent  cannot  be  obtained  by  distress  of  any  goods  or  chattels. 

Sworn  [etc.,  as  in  Form  858].  [Signature.] 


1007.  Summons  to  Tenant,  to  Show  Cause. 
To  Y.  Z.,  of  : 

Whereas,  A.  B.,  of  said  of  ,  has  made  oath  in  writing,  and 

presented  the  same  to  me,  that  on  or  about  the        day  of  [here  recite 

the  complaint  stated  in  the  affidavit]  :  Therefore,  in  the  name  of  the  People 
of  the  State  of  New  York,  you  are  hereby  summoned  and  required  forth- 
with to  remove  from  the  said  premises,  or  show  cause  before  me,  at  my 
office  in  ,  on  the        day  of  ,  at        o'clock  in  the        noon, 

why  possession  of  the  said  premises  should  not  be  delivered  to  the  said 
landlord. 

Witness  my  hand,  the        day  of  ,  18    . 

[Sigimture  of]  Justice  of  the  Peace. 


1008.  Affidavit  of  Service  of  the  Summons. 

OOUNTY   OF  ,  ««. 

O.  p.,  of  the  town  of  ,  in  the  said  county,  being  sworn,  says,  that 

on  the  day  of  instant,  he  served  the  annexed  summons  upon  Y.  Z., 
the  tenant  therein  named,  by  delivering  to  him  personally  a  true  copy  there- 
of, at  the  same  time  showing  him  the  original  [or,  by  leaving,  in  the  absence 
of  said  tenant,  at  his  last — or,  usual — place  of  residence,  with  his  wife,  re- 
siding on  the  premises,  a  true  copy  thereof — or,  by  leaving,  in  the  absence 
of  said  tenant,  at  his  last — or,  usual — place  of  residence,  with  ,  of 

mature  age,  residing  on  the  premises,  a  true  copy  thereof]. 

SwoEN  [etc.,  as  in  Form  858].  [Signature.] 

(«)  This  affidavit  must  state  facts  show-  rent  is  due,  and  how  it  was  demanded, 
ing  the  conventional  relation'of  landlord  and  also  should  distinctly  designate  the 
acd  teoaat,  and  should  show  how  much    premises. 


LANDLORD  AND  TENANT.  605 

Proceedings  to  Dispossess. 


1009.   Warrant  to  Dispossess  Tenant  WTio  Eolds  Over  After  Expiration  of 

Lease. 

To  the  sheriff  of  the  county  of  [or,  to  any  one  of  the  constables,  or 

marshals,  of  the  city  of  ,  or,  of  the  town  of  ,  in  the 

county  of  ],  greeting : 

"Whereas,  A.  B.,  of  the  of  ,  in  said  county,  made  oath  in 

writing,  and  presented  the  same  to  me,  *  that  on  or  about  the  day  of 

,18    ,  he  rented  unto  Y.  Z.,  of  ,  the  house  and  lot  known  as 

No.         ,  in  street,  in  said  ,  for  the  term  of  from  the 

day  of  then  next  ensuing,  and  that  the  said  Y.  Z.  held  over  and  con- 

tinued in  possession  of  said  premises,  after  the  expiration  of  the  aforesaid 
term  therein,  without  the  permission  of  the  said  landlord;  whereupon  I 
issued  a  summons,  requiring  the  said  tenant  forthwith  to  remove  from  the 
said  premises,  or  show  cause  before  me  at  a  certain  time,  now  past,  why  the 
possession  of  the  said  premises  should  not  be  delivered  to  the  landlord ;  t 
and  no  suflBcient  cause  having  been  shown  to  the  contrary,  and  J,  being 
satisfied,  by  due  proof,  of  the  service  of  the  said  summons,  did  render  judg- 
ment in  the  said  matter  in  favor  of  the  said  A.  B.,  against  the  said  Y.  Z.,  and 
that  the  said  premises  should  be  delivered  to  the  said  A.  B.,  as  the  landlord, 
and  did  enter  the  said  judgment  in  my  docket,  and  did  include  in  said  judg- 
ment the  sum  of  dollars  as  the  costs  of  such  proceedings  to  the  said 
A.  B, :  I  do,  therefore,  in  the  name  of  the  People  of  the  State  of  New  York, 
command  you  to  remove  all  persons  from  tlie  said  premises,  and  to  put  the 
said  A.  B.  in  full  possession  thereof;  and  you  are  further  commanded  to 
collect  the  said  sum  of  dollars,  costs,  of  the  goods  and  chattels  of  the 
said  Y.  Z. 

Witness  [etc.,  as  in  Form  1007], 


1010.   Warrant  to  Dispossess  Tenant  at  Will,  or  at  Sufferance,  After  Notice. 

[As  in  preceding  form  to  the  *,  continuing ;]  that  since  the  day  of 

,  in  the  year  ,  Y.  Z.,  of  ,  had  held  and  occupied  the 

house  and  lot  in  the  of  ,  in  street,  where  he  then  resided, 

as  his  tenant  and  at  his  will,  without  any  certain  time  agreed  on  for  the 
termination  of  said  tenancy ;  and  that  he  caused  a  notice  in  writing  to  be 
served  on  him,  the  said  tenant,  in  due  form  of  law,  on  the  day  of 
last,  requiring  him  to  remove  from  said  premises  within  one  moath  from 
the  day  of  the  service  thereof;  and  that  the  said  time  had  expired,  but  that 
the  said  tenant  lield  over  and  continued  in  possession  of  said  premises  after 
the  expiration  of  said  time,  without  the  permission  of  said  landlord ;  where- 
upon I  issued  a  summons,  requiring  the  said  tenant  to  remove  from  said 
premises,  or  show  cause  before  me,  at  a  certain  time  now  past,  why  the 
landlord  should  not  be  put  in  possession  of  said  premises  {continue  as  in 
form  preceding  from  the  t  to  the  end\. 


506  ABBOTTS'  FORMS. 


Proceedings  to  Dispossess  Tenant. 


1011.   Warrant  to  Dispossess^  in  Defomlt  of  the  Payment  of  Bent. 

{As  in  Form  1009  to  the  *  continuing:']  that  Y.  Z.  was  justly  indebted  to 
him  in  the  sum  of  dollars,  for  rent  of  the  house  and  lot  known  as  No. 

,  in  street,  in  aforesaid ;  that  he  demanded  the  said  rent 

from  the  said  Y.  Z.,  who  had  made  default  in  the  payment  thereof  pursuant 
to  the  agreement  imder  which  the  premises  were  let ;  and  that  the  said  Y,  Z. 
held  over  and  continued  in  possession  of  the  same  without  the  permission  of 
the  said  landlord,  after  such  default;  whereupon  I  issued  a  summons  requir- 
ing the  said  tenant  forthwith  to  remove  from  the  said  premises,  or  show 
cause  before  me,  at  a  certain  time  now  past,  why  the  possession  of  the  said 
premises  should  not  be  delivered  to  the  landlord  [continue  as  in  Form  1009 
from  the  t  to  the  end]. 


1012.  Return  of  Officer  to  Warrant. 

Pursuant  to  the  command  of  the  above  warrant,  I  have  this  day  put  A. 
B.,  therein  named,  in  full  possession  of  the  premises  therein  mentioned. 
[Date.]  [Signature  of]  Constable  [or,  Marshal]  of,  etc. 


1013.  Affidavit'  of  the  Tenant  Denying  Some  Material  Fact  Stated  in  the 
Landlord''s  Affidavit. 

OOTTNTT  OF  ,  ««. 

Y.  Z.,  of  ,  being  duly  sworn,  says,  that  he  does  not  owe  to  the  said 

A.  B.  the  sum  of  for  the  rent  of  the  house  mentioned,  nor  any  rent 

whatever  therefor,  as  is  alleged  by  the  said  A.  B.,  in  an  aflSdavit  lately 
made  before  ,  on  which  proceedings  have  been  had  to  remove 

deponent  from  the  premises.  [Signature.] 

SwoBN  [etc.,  as  in  Form  858]. 


1014.  Precept  to  Summon  a  Jury. 

OoTTNTT  OF  ,  SS. 

To  the  sheriflf  [or,  as  in  Form  1009],  greeting : 

Whereas  I,  the  undersigned  [title  of  magistrate],  for  the  purpose  of 
forming  a  jury  to  try  certain  matters  in  controversy  between  A.  B.,  land- 
lord, and  Y.  Z.,  tenant,  have  in  due  form  of  law  nominated  [here  name  th^ 
jurors]  twelve  reputable  persons,  qualified  to  serve  as  jurors  in  courts  of 
record:  You  are,  therefore,  hereby  commanded,  in  the  name  of  the 
People  of  the  State  of  New  York,  to  summon  the  above-named  persons  so 
nominated,  to  appear  before  me,  at  my  office  in  ,  on  the         day 

of  ,  18    ,  to  try  the  said  matters  in  diflferonce. 

[Date.]  [Signature.] 


LANDLORD  AND  TENANT.  507 

Forcible  Entry. 

1015.    Warrant  to  Dispossess  After  Verdict  Against  the  Tenant. 

[This  may  be  framed  substantially  as  Forms  1009  to  1011,  inserting  the 
following  recital:'] 

And  whereas,  on  [or,  before]  the  time  appointed  in  such  summons,  the 
said  Y.  Z.  being  in  [or,  claiming]  possession  of  said  premises,  having  filed 
an  aflSdavit  with  me,  the  undersigned,  who  issued  said  summons,  denying 
[some  of]  the  facts  upon  which  said  summons  was  issued;  and  a  jury- 
having  been  regularly  nominated,  summoned,  drawn  and  sworn,  in  pursu- 
ance of  the  statute,  to  determine  the  matters  controverted  between  the 
said  parties;  and  the  said  jury  after  hearing  the  proofs  and  allegations  of 
the  parties,  and  being  kept  together  by  a  proper  officer  duly  sworn  until 
they  were  agreed  on  their  verdict,  having  found  a  verdict  in  favor  of  the 
said  A.  B. 

m.   FOECEBLE  EnTEY  AND  DeTAINEE. 

1016.  Complaint  for  Forcible  Entry  and  Detainer. 
County  of  ,  ss. 

A.  B.,  of  ,  in  said  county,  complains  to  [here  insert  name  and  title 

of  magistrate^  and  shows  that  Y.  Z.,  of  aforesaid,  on  the         day 

of  ,  in  the  year  18    ,  at  ,  in  the  county  aforesaid,  unlawfully 

made  a  forcible  entry  into  the  lands  and  possessions  of  this  complainant — 
to  wit  [here  describe  the  premises'],  and  then  and  there  with  a  strong  hand 
and  with  a  multitude  of  people,  did  violently,  forcibly  and  unlawfully  eject 
and  expel  the  complainant  from  his  said  lands  and  possessions,  wherein  this 
complainant  had  at  the  time  aforesaid  an  estate  of  freehold  [or  other  estate 
or  right  of  possession,  as  the  case  may  be],  then  and  still  subsisting;  and  that 
the  said  Y.  Z.  still  holds  and  detains  the  said  lands  and  possessions  from  the 
complainant  unlawfully,  forcibly  and  with  a  strong  hand,  and  against  the 
statute.  [Signature.] 

[Date.] 

1017.  Affidavit  Accompanying  the  Foregoing  Complaint. 
County  of  ,  s«.  > 

A.  B.,  of  ,  the  complainant  above  named,  being  duly  sworn,  says 

that  the  matters  stated  in  the  foregoing  complaint  are  true  to  his 
knowledge,  and  that  he  had  an  estate  of  freehold  [or  other  estate  or  right 
of  possession^  in  the  said  at  the  time  of  the  said  forcible  entry  and 

detainer,  which  then  Was  and  still  is  subsisting.  [Signature.] 

SwoEN  [etc.,  as  in  Form  858]. 


508  ABBOTTS'  FORMS. 


Leases. 


CHAPTER  LTV. 

LEASES. 

Writing  and  recording. — By  the  Statute  of  Frauds,  leases  of  lands  for  a 
period  exceeding  three  years  must  be  in  writing,  subscribed  by  the  party  sought 
to  be  charged  thereby,  or  by  his  agent  authorized  in  writing.  This  statute  has, 
however,  been  modified  in  some  of  the  States  in  respect  to  the  number  of  years 
of  leases  to  which  it  is  to  apply.  Thus,  in  New  York,  leases  for  a  period  exceed 
ing  ane  year  must  be  in  writing. 

In  the  same  way,  the  rule  as  to  what  leases  should  be  recorded  varies  in  the 
different  States.  In  New  York,  a  lease  for  a  period  exceeding  three  years 
should  be  recorded.  In  some  other  States,  the  rule  only  applies  to  leases  for 
seven  years  and  upwards. 

In  the  State  of  New  York,  leases  of  agricultural  lands  for  more  than  twelve 
^  years  are  prohibited. 

Covenants.— !T\\Q  obligation  to  repair  depends  upon  the  terms  of  the  lease. 
Under  the  ordinary  covenant,  in  a  lease  to  keep  the  premises  in  good  and  suf- 
ficient repair,  the  lessee  is  bound  to  do  substantial  repairs ;  but  if  the  house 
was  dilapidated  at  the  commencement  of  the  lease,  the  lessee  is  not  bound  to 
restore  it  in  an  improved  state ;  but  he  must  keep  it  in  the  state  in  which  it 
was  at  the  commencement  of  the  lease  by  the  timely  expenditure  of  money 
and  care. 

In  the  absence  of  any  special  stipulation,  the  lessee  is  not  bound  to  rebuild 
a  house  accidentally  burnt  down  ;  but  if  he  enters  into  a  general  covenant  to 
repair,  without  any  exception,  he  is  liable  to  restore  any  house  or  building 
which  may  be  destroyed  by  fire,  tempest,  lightning  or  any  other  accident. 

A  tenant  who  is  under  no  obligations  to  do  substantial  repairs  cannot  require 
the  landlord  to  do  them. 

But  by  a  recent  statute,  in  New  York  the  rent  ceases,  if  the  premises  are  de- 
stroyed by  fire.(«) 

If  it  is  intended  that  the  lessee  shall  insure  the  premises,  there  should  be  an 
express  covenant  to  that  effect  on  his  part,  which  should  specify  in  whose  name 
the  insurance  is  to  be,  and  tlie  amount  of  the  insurance.  It  is  best  also  to 
name  the  company,  or  provide  that  the  company  shaU  be  one  approved  by  the 
lessor. 

The  lessee  should  be  bound  to  deliver  or  produce  to  the  lessor  the  insurance 
policy  and  the  receipts  for  the  premiums. 

A  lease  often  contains  a  covenant  by  the  lessee  not  to  assign  or  underlet 
without  the  lessor's  license.  Such  a  covenant  does  not  prevent  a  bequest  of 
the  term.  And  a  deposit  of  a  lease  by  way  of  security  is  not  a  forfeiture  of  a 
condition  "  not  to  underlet,  alien,  sell,  assign,  transfer,  and  set  over  or  other- 
wise part  with"  the  lease  or  premises  without  the  license  of  the  lessor.  A 
covenant  not  to  underlet  is  not  broken  by  an  assignment ;  and  a  covenant 
not  to  assign  or  otherwise  put  away  the  lease  or  premises  does  not  prevent  the 
lessee  from  granting  an  underlease.  A  covenant  not  to  grant,  let,  assign, 
charge  or  dispose  of  the  premises,  is  not  broken  by  the  lessee  giving  a  warrant 
of  attorney  to  enter  up  judgment  against  him  by  way  of  security  for  bona-fide 
debts. 

Conditions. — Where  matters  on  either  side  are  intended  to  be  conditions,  so 

(a)  See  note  («). 


LEASES.  509 

Analysis  of  Chapter. 


that  a  non-performance  will  give  the  other  party  a  right  to  annul  any  obliga- 
tion imposed  upon  him,  it  is  best  that  such  obligation  should  be  expressly 
stated  to  be  conditioned  upon  the  performance  of  the  matter  in  question. 

FAGB 

1018.  Landlord's  certificate  of  renting 509 

1019.  Tenant's  certificate  of  hiring 510 

1020.  Security  for  rent 510 

1021.  Landlord's  certificate,  where  tenant  is  not  to  underlet  nor  occupy  for  cer- 

tain business 510 

1022.  Tenant's  certificate  in  same  case 511 

1023.  Provision  that  the  tenant  may  surrender  if  the  premises  become  unten- 

antable    511 

1024.  Provision  as  to  repairs 511 

1025.  Provision  for  forfeiture  and  damages *. 512 

1026.  Tenant's  certificate  pledging  his  chattels  on  the  premises  as  security 512 

1027.  Security  for  rent  and  performance  of  covenants 512 

1028.  Short  form  of  lease 512 

1029.  The  same ;  with  restrictions  on  occupancy  and  subletting,  and  with  fire 

clause 513 

1030.  Another  form ;  with  provision  for  re-entry  and  reletting,  tenant  to  pay 

water-tax  and  fire-risk,  and  have  privilege  of  renewal 514 

1031.  Indenture  of  lease 515 

1032.  Landlord's  certificate  of  letting  farm  with  stock  and  tools 517 

1033.  Lease  of  mill;  with  proviso  suspending  rent  in  case  of  its  ceasing  to  run,.  517 

1034.  Lease  of  a  manufactory  and  premises  for  carrying  on  the  business  of  mak- 

ing and  selling  cements 517 

1035.  Lease  by  tenants  in  common  of  wharf,  machinery,  etc.,  with  covenants  by 

lessee  for  repairs,  and  proviso  for  determining  the  term  at  the  end  of 
fourteen,  twenty-eight  or  forty-two  years  by  lessee,  on  his  giving  pre- 
vious notice 518 

1086.  Mining  lease 522 

1037.  Covenant  not  to  assign,  etc 522 

loss.  Covenant  to  renew 522 

1039.  Covenant  to  buy  fixtures  at  a  valuation 523 

1040.  The  same;  another  form , 523 

1041.  Stipulation  for  renewal  by  indorsement 523 

1042.  Proviso  as  to  re-entry,  with  waiver  of  notice 524 

1043.  Lease  for  lives  at  a  nominal  rent 524 

1044.  Under  lease 525 

1045.  Ground  lease,  twenty-one  years,  with  covenants  to  build,  and  for  renewals.  525 

1046.  Ecnewal  lease 529 

1047.  Lease  by  a  municipal  corporation  for  purposes  of  a  fair,  lessees  covenant- 

ing to  erect  building 530 

1048.  Covenants  in  a  farm  lease  on  shares 531 

1 049.  Surrender  of  a  lease  indorsed  thereon 531 

1018.  Landlord'a  Certificate  of  Renting. Q)) 

Thi3  is  to  certift,  that  I  have,  this        day  of  ,  18    ,  let  and 

rented  unto  Y.  Z.,  of  [here  insert  brief  description  of  premises — 

e.  g.,  thvs :]  the  dwelling-house  known  as  No.        in  street,  in  the 

(6)  These  forms  of  certificate  are  com-    of  the  certificates  and  delivers  it  to  the 
monly  used  in  yearly  hirings  in  the  city    other  party, 
of  New  York.    Each  party  executes  one 


510  ABBOTTS'  FORMS. 


Short  Leases,  or  Certificates  of  Letting  and  Hiring. 


towTi  of  ,  with  the  appurtenances,  and  the  sole  and  uninterrupted 

use  and  occupation  thereof  for  year    ,  to  commence  the        day  of 

,18    ,  at  the  yearly  rent  of  dollars,  payable  quarterly  on 

the  usual  quarterly  days  [or,  on  the  first  days  of  May,  August,  November 
and  February,  in  each  year] — [add,  if  so  agreed,  and  all  taxes  and  assess- 
ments are  to  be  paid  by  him].*  [Signature  of  landlord.] 

1019.  Terianfa  CerUficate  of  Biring. 

Tms  K  TO  OEETiFT,  that  I  have,  this        day  of  i  18    ,  hired  and 

taken  from  A.  B.,  of  ,  the  dwelling-house  and  lot  known  as  No. 

in  street,  in  the  of  ,  with  the  appurtenances,  for  the 

term  of  year    ,  to  commence  the        day  of  next,  at  the  yearly 

rent  of  dollars,  payable  quarterly  on  the  usual  quarterly  days  [or,  on 

the  first  days  of  May,  August,  November  and  February,  in  each  year].  And 
I  do  hereby  promise  to  make  punctual  payment  of  the  rent  in  manner 
aforesaid  *  [except  in  case  the  premises  become  untenantable,  from  fire  or  any 
other  cause,  when  the  tenancy  and  the  rent  is  to  cease](c) :  And  I  do  fur- 
ther promise  to  quit  and  surrender  the  premises  at  the  expiration  of  the 
term  or  tenancy,  in  as  good  state  and  condition  as  reasonable  use  and  wear 
thereof  will  permit,  damages  by  the  elements  excepted, 

[Signature  of  tenant.] 

1020.  Security  for  Rent. 

In  C0N8IDEEATI0N  of  the  letting  of  the  premises  above  described,  and  for 
the  sum  of  one  dollar,  I  do  hereby  become  surety  for  the  punctual  payment 
of  the  rent,  in  the  above-written  agreement  mentioned,  to  be  paid  by  Y.  Z. 
as  therein  specified ;  and  if  any  default  shall  at  any  time  be  made  therein, 
I  do  hereby  promise  and  agree  to  pay  unto  the  landlord  in  said  agreement 
named,  the  said  rent,  or  any  arrears  thereof  that  may  be  due,  without  re- 
quiring notice  or  proof  of  demand  being  made. 

GrvEK  under  my  hand  and  seal,  the        day  of  ,  18    . 

[Signature  and  seal^ 

1021.  Landlord''8  Certificate,  Where  Tenant  is  Rot  to  Undcrht  nor  Occupy 
for  Certain  Businesses. 

Tms  IS  TO  CERTIFY,  that  I  have,  this        day  of  >  18    ,  let  and 

rented  unto  Y.  Z.,  of  [here  insert  "brief  description  of  premises — 

e.  g.,  thus :]  the  dwelling-house  known  as  No.        in  street,  in  the 

town  of  ,  with  the  appurtenances,  and  the  sole  and  uninterrupted 

use  and  occupation  thereof  for  year    ,  to  commence  the        day  of 

,18    ,  at  the  yearly  rent  of  dollars,  payable  quarterly  on  the 

nsua.  quarterly  days  [or,  on  the  first  days  of  May,  August,  November  and 
February,  in  each  year] — [add,  if  so  agreed,  and  all  taxes  and  assessments 

(e)  This  clause  is  not  always  inserted.    See  note  {e),  infra. 


LEASES.  611 

Certificates  of  Hiring. 


are  to  be  paid  by  him].*  The  premises  are  not  to  be  used  or  occupied,  ex- 
cept as  a  private  boarding-house  [or,  for  any  business  deemed  extra  hazard- 
ous on  account  of  fire,  or  otherwise,  as  may  be  agreed]  •  nor  shall  the  same 
or  any  part  thereof,  be  let  or  underlet,  except  with  the  consent  of  the  land- 
lord, in  writing,  under  the  penalty  of  forfeiture  and  damages. 

[Signature  of  landlord.] 


1022,  Tenant's  Certificate  in  Same  Case. 

This  is  to  oehtift,  that  I  have,  this        day  of  >  18    ,  hired  and 

taken  from  A.  B.,  of  ,  the  dwelling-house  and  lot  known  as  No. 

in  street,  in  the  of  ,  with  the  appurtenances,  for  the 

term  of  year    ,  to  commence  the        day  of  next,  at  the 

yearly  rent  of  dollars,  payable  quarterly  on  the  usual  quarterly  days 

[or,  on  the  first  days  of  May,  August,  November  and  February,  in  each 
year].  And  I  do  hereby  promise  to  make  punctual  payment  of  the  rent  in 
manner  aforesaid*  [except  in  case  the  premises  become  untenantable  from 
fire  or  any  other  cause,  when  the  tenancy  and  the  rent  are  to  cease.(<:Z)] 
And  I  do  further  promise  to  quit  and  surrender  the  premises,  at  the  ex- 
piration of  the  term  or  tenancy,  in  as  good  state  and  condition  as  reason- 
able use  and  wear  thereof  will  permit,  damages  by  the  elements  excepted. 
And  I  further  promise  not  to  let  or  underlet  the  said  premises,  nor  any 
part  thereof,  nor  to  occupy  the  same,  except  for  [nor  in  any  busi- 

ness deemed  extra  hazardous,  on  account  of  fire,  or  otherwise,  as  agreed], 
without  the  written  consent  of  the  landlord,  under  the  penalty  of  forfeiture 
and  damages.  [Signature  of  tenant.] 

1023.  Provision  That  the  Tenants  May  Surrender  if  the  Premises  Become 
Untenantable. {e) 

[Insert  in  the  certificate  of  each  party  at  the  *  the  following  :]  but  in  case 
the  building  on  said  premises  shall,  without  any  fault  or  neglect  on  his  [or, 
their]  part,  be  destroyed,  or  be  so  injured  by  the  elements,  or  any  other 
cause,  as  to  be  untenantable  and  unfit  for  occupancy,  the  tenant  shall  not 
be  liable  or  bound  to  pay  rent  to  the  lessors  or  owners  thereof,  for  the  time 
after  such  destruction  or  injury,  and  may  thereupon  quit  and  surrender  pos- 
session of  the  premises.  [Signature  of  tenant.] 

1024.  Provision  as  to  Repairs. 

[Insert  in  certificates  of  each  party  the  matters  agreed — e,  g.,  thus:]  And 
it  is  further  agreed  that  said  A.  B.  is  to  put  in  a  furnace  before  the  day 
of  ,  and  to  put  up  the  fences  forthwith ;  and  that  said  Y.  Z.  may 

{d)  This  clause  is  not  always  inserted,  no  stipulation  on  the  subject  this  rule  ap- 

See  note  («),  infra.  plies  by  etatnt*.    Law*  of  1860,  592,  ch. 

(«)  In  New  York,  such  a  provision  as  345. 
this  need  not  be  expressed ;  for  if  there  is 


512  ABBOTTS'  FORMS. 


Chattel  Mortgage.  Security. 

retain  the  first  quarter's  rent,  laying  it  out  in  painting  the  outside  of  the 
house,  and  the  overplus,  if  any,  otherwise  in  necessary  repairs  and  about 
the  house. 


1025.  Provision/or  Forfeiture  and  Damages. 

[Insert  at  tTie  end  of  tenanfs  certificate  the  following ;]  And  in  case  of 

not  complying  with  any  of  the  covenants  contained  herein,  the  lessor,  in 

his  option,  shall  have  the  power  and  the  right  of  terminating  and  ending 

this  lease  immediately,  and  I  agree  to  pay  to  the  said  lessor  the  sum  of 

dollars,  as  and  for  liquidated  damages. 

[Signature  of  tenant._ 

1026.  Tenanfs  Certificate  Pledging  His  Chattels  on  the  Premises  as 

Security. 

[As  in  Form  1019,  inserting  the  following  at  the  end ;]  And  I  do  hereby 
pledge  and  mortgage  to  the  said  A.  B.  all  my  personal  property  of  what 
kind  soever  which  is  or  may  be  on  the  premises  aforesaid,  for  the  faithful 
performance  of  the  covenants  herein,  hereby  authorizing  the  said  A.  B.,  in 
case  of  a  failure  on  my  part  to  perform  all  or  any  of  said  covenants,  to  take 
said  property  so  pledged,  and  sell  the  same,  and  out  of  the  proceeds  of  such 
sale  to  i)ay  and  discharge  all  rent,  damages  and  expenses,  which  may  at 
such  time  be  due,  and  to  pay  over  to  me  or  my  assigns  the  surplus  moneys 
arising  from  such  sale.  [Signature  of  tenant.'] 


1027.  Security  for  Rent  and  Performance  of  Covenants. 

In  oonsideration  of  the  letting  of  the  premises  above  described,  and  for 
the  sum  of  one  dollar,  I  do  hereby  become  surety  for  the  punctual  pay- 
ment of  the  rent,  and  performance  of  the  covenants  in  the  above- written 
agreement  mentioned,  to  be  paid  and  performed  by  Y.  Z.,  as  therein  speci- 
fied ;  and  if  any  default  shall  at  any  time  be  made  therein,  I  do  hereby 
promise  and  agree  to  pay  unto  the  landlord  in  said  agreement  named  the 
said  rent,  or  any  arrears  thereof  that  may  be  due,  and  fully  satisfy  the  con- 
ditions of  the  said  agreement,  and  all  damages  that  may  accrue  by  reason 
of  the  non-fulfilment  thereof  without  requiring  notice  or  proof  of  demand 
being  made. 

Given  under  my  hand  and  seal,  the        day  of  ,  18    . 

[Signature  and  seal.] 

1028.  Short  Form  of  Lease. 

This  rNDENTTiEE,  made  the        day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county 

of  ,  and  State  of  ,  merchant,  of  the  first  part,  and 

Y.  Z.,  of  ,  in  the  said  county,  farmer,  of  the  second  part,  wix- 

NESSKTH :   That  the  party  of  the  first  part  has  hereby  let  and  rented  to 


LEASES.  513 

Short  Form. 


the  party  of  the  second  part,  and  the  party  of  the  second  part  has  hereby 
hired  and  taken  from  the  party  of  the  first  part  [here  insert  hrief  descrip- 
tion of  the  premises — e.  g.,  thus]:  all  those  three  brick  -warehouses  and 
premises  known  as  Nos.  9,  11  and  13  King-street,  in  the  city  of  ,  with 

the  appurtenances,  for  the  term  of  years,  to  commence  the 

day  of  ,18    ,  at  the  yearly  rent  of  dollars,  payable  in  equal 

quarterly  payments  on  the  usual  quarterly  days  [or,  on  the  first  days  of  May, 
August,  November  and  February],  in  each  year.*  And  it  is  agreed  that 
if  any  rent  shall  be  due  and  unpaid,  or  if  default  shall  be  made  in  any  of 
the  covenants  herein  contained,  then  it  shall  be  lawful  for  the  said  party  of 
the  first  part  to  re-enter  the  said  premises,  and  to  remove  all  persons  there- 
from [may  add,  the  party  of  the  first  part  hereby  waiving  any  notice  to 
quit  or  of  intention  to  re-enter,  under  the  statute]. 

And  the  said  party  of  the  second  part  covenants  to  pay  to  the  said  party 
of  the  first  part  the  said  rent,  as  herein  specified,  and  that  at  the  expiration 
of  the  said  term,  or  other  determination  of  this  lease,  the  said  party  of  the 
second  part  will  quit  and  surrender  the  premises  hereby  demised  in  as  good 
state  and  condition  as  reasonable  use  and  wear  thereof  will  permit,  dam- 
ages by  the  elements  excepted :  and  the  said  party  of  the  first  part  cove- 
nants that  the  said  party  of  the  second  part,  on  paying  the  said  yearly  rent, 
and  performing  the  covenants  aforesaid,  shall  and  may  peaceably  and 
quietly  have,  hold  and  enjoy  the  said  demised  premises  for  the  term  afore- 
said. 

In  witness  whereof,  the  parties  hereto  have  hereunto  interchangeably 
set  their  hands  and  seals,  this        day  of  ,  one  thousand  eight  hun- 

dred and 

Signed,  sealed  and  delivered )  [Signatures  arid  8eaU.'\ 

in  the  presence  of  i 

[Signature  of  witness.'] 

1029.  The  Same ;   With  Restrictions  on  Occupancy  and  Subletting,  and 
With  Fire  Clause. 

[As  in  the  preceding  form  to  the  *,  continuing  thus:]  And  the  party  of 
the  second  part  hereby  covenants  to  and  with  the  party  of  the  first  part  to 
make  punctual  payment  of  the  rent,  in  the  manner  aforesaid,  and  quit  and 
surrender  the  premises  at  the  expiration  of  said  term,  or  other  determina- 
tion of  this  lease,  in  as  good  state  and  condition  as  reasonable  use  and  wear 
thereof  will  permit,  damages  by  the  elements  excepted  ;  and  further  cove- 
nants, that  he,  the  party  of  the  second  part,  will  not  use  or  occupy  said 
premises  for  any  business  or  purpose  deemed  extra  hazardous  on  account 
of  fire. 

And  the  said  party  of  the  second  part  further  covenants,  that  he  will  per- 
mit the  said  party  of  the  first  part  or  his  agent,  to  enter  said  premises,  for 
the  purpose  of  making  repairs  or  alterations,  and  also  to  show  the  premises 
to  persons  wishing  to  hire  or  purchase  ;  and  on  and  after  the  first  day  of 
February  next  will  permit  the  usual  notice  of  "to  let"  or  "for  sale"  to  be 
placed  upon  the  walls  of  sw^d  premises,  and  remain  thereon,  without  hin- 
83 


614  ABBOTTS'  FORMS. 


Short  Forms  of  Lease. 


drance  or  molestation ;  and  also,  that  if  the  said  premises,  or  any  part  there- 
of, shall  become  vacant  during  the  said  term,  the  said  party  of  the  first 
part  may  re-enter  the  same,  by  either  force  or  otherwise,  without  being 
liable  to  any  prosecution  therefor;  and  relet  the  said  premises  as  the  agent 
of  the  said  party  of  the  second  part,  and  receive  the  rent  thereof,  applying 
the  same,  first  to  the  payment  of  such  expense  as  he  may  be  put  to  in  re- 
entering, and  then  to  the  payment  of  the  rent  due  by  these  presents;  and 
the  balance,  if  any,  to  be  paid  over  to  the  said  party  of  the  second  part. 

And  the  said  party  of  the  second  part  further  covenants,  that  he  will  not 
assign  this  lease  or  underlet  the  said  premises,  or  any  part  thereof,  to  any 
person  or  persons  whomsoever,  without  first  obtaining  the  written  consent 
of  said  party  of  the  first  part ;  and  in  case  of  not  complying  with  this  cove- 
nant, the  party  of  the  second  part  agrees  to  forfeit  and  pay  to  the  party  of 
the  first  part  the  sum  of  dollars,  as  and  for  liquidated  damages,  which 

are  hereby  liquidated  and  fixed  as  damages  and  not  as  a  penalty. 

This  lease  is  made  and  accepted  on  this  express  condition,  that  in  case 
the  party  of  the  second  part  should  assign  this  lease  or  underlet  the  said 
premises,  or  any  part  thereof,  without  the  written  consent  of  the  party  of 
the  first  part,  that  then  the  party  of  the  first  part,  his  heirs  or  assigns,  in 
Ms  option,  shall  have  the  power  and  the  right  of  terminating  and  ending 
this  lease  immediately,  and  be  entitled  to  the  immediate  possession  of  said 
premises,  and  to  take  summary  proceedings  against  the  party  of  the  second 
part,  or  any  person  or  persons  in  possession  as  tenant,  having  had  due  and 
legal  notice  to  quit  and  surrender  the  premises,  holding  over  their  term. 

And  it  is  further  agreed,  that  in  case  the  building  on  said  premises  shall, 
without  any  fault  or  neglect  on  his  part,  be  destroyed,  or  be  so  injured  by 
the  elements,  or  any  other  cause,  as  to  be  untenantable  and  unfit  for  occu- 
pancy, the  tenant  shall  not  be  liable  or  bound  to  pay  rent  to  the  lessors 
or  owners  thereof,  for  the  time  after  such  destruction  or  injury,  and  may 
thereupon  quit  and  surrender  possession  of  the  premises.  (/) 

In  witness  [etc.,  as  in  Form  1028]. 

[Security,  if  any,  as  in  Form  1020  or  1027.] 

1030.  Another  Form  ;   With  Provision  for  Re-Entry  and  Reletting,  Tenant 
to  Pay  Water-Tax  and  Fire-RisJc,  and  Save  Privilege  of  Renewal. 

[As  in  Form  1028  to  the  *,  continuing  thus:]  Provided,  nevertheless, 
that  if  the  rent,  or  any  part  thereof,  shall  be  unpaid,  on  any  day  whereon 
the  same  ought  to  be  paid,  as  aforesaid,  or  if  the  said  premises  shall  become 
vacant  during  the  term  hereby  granted,  or  if  default  shall  be  made  in  any 
of  the  covenants  herein  contained,  on  the  part  of  the  tenant,  then  it  shall 
be  lawful  for  the  lessor  or  assigns,  into  and  upon  said  demised  premises,  to 
re-enter  and  remove  all  persons  therefrom,  and  to  recover  the  possession 
thereof  by  legal  proceedings ;  or  to  re-enter  the  same,  and  use  such  force 
for  the  purpose  as  he  or  they  shall  think  fit,  without  being  liable  to  any 


(/)  See  not»  («),  supra. 


LEASES.  515 

Indenture. 

prosecution  or  indictment  therefor,  and  the  same  repossess  as  in  former 
estate ;  or,  in  case  he  or  they  shall  think  proper,  may  relet  the  same  as 
agent  of  the  tenant,  in  the  name  of  the  tenant,  or  of  the  lessor,  applying 
the  avails  thereof  first  to  the  payment  of  the  expenses  of  re-entering,  and 
then  to  the  payment  of  the  rent  reserved  by  this  lease,  and  the  balance, 
if  any,  to' pay  over  to  the  tenant;  and  the  tenant  covenants  to  pay  to  the 
lessor  any  deficiency  between  the  amount  received  on  such  reletting  and 
the  rent  reserved  by  this  lease.  And  it  is  farther  agreed,  that  in  case  of 
re-entry  by  the  lessor,  and  whether  he  shall  relet  as  agent  of  the  tenant  or 
not,  that  the  tenant  shall  be  liable  to  the  lessor  for  a  sum  equal  to  the  rent 
hereby  reserved,  and  payable  at  the  same  periods,  less  any  sum  that 
shall  be  received  by  the  lessor  as  rent  of  said  premises  for  the  said  periods. 
And  the  tenant  covenants  not  to  assign  or  underlet  the  said  premises,  nor 
any  part  thereof,  nor  make  any  alterations  therein,  nor  follow  nor  suffer  to 
be  carried  on  therein,  any  business  other  than  ,  and  to  keep  the 

Croton  fixtures  on  said  premises  in  repair  at  his  own  expenses ;  and  that 
after  the         day  of  ,  he  will  permit  the  lessor,  or  any  person  by  his 

order,  to  put  a  notice  on  said  premises  that  the  same  are  for  sale  or  to  let, 
and  to  keep  the  same  on  so  long  as  the  lessor  shall  think  necessary ;  and 
after  said  day  to  permit  applicants  for  the  said  premises  freely  to  enter, 
examine  and  leave  on  week  days,  from  a.  m.  till  p.  m.    And  he 

further  covenants  to  pay  to  the  lessor  as  rent,  in  addition  to  that  herein- 
before reserved,  on  the  first  day  of  August,  in  every  year,  a  sum  equal  to 
that  which  shall  be  imposed  as  tax  or  rent  for  the  Croton  water ;  and  in 
case  the  fire-risk  on  said  premises  shall  be  increased  above  what  the  insur- 
ance companies  of  the  city  of  term  hazardous,  to  pay  a  further  sum, 
on  the  first  day  of  ,  in  every  year  that  this  shall  occur,  equal  to  the 
increased  charge  of  insurance  on  a  value  of  dollars.  It  is  further 
agreed,  that  the  lessor  shall  not  be  liable  for  any  repairs  to  said  premises, 
nor  for  any  change  in  their  condition ;  and  that  on  the  last  day  of  the  said 
term,  or  other  sooner  determination  of  the  estate  hereby  granted,  the  tenant 
will  peaceably  and  quietly  leave  and  surrender  the  said  demised  premises 
in  as  good  condition  as  they  now  are  or  hereafter  shall  be  put,  damage  by 
fire  and  the  elements  excepted.  And  it  is  further  agreed,  that  the  tenant 
shall  have  the  option  of  extending  this  lease  for  a  farther  period  of 
years,  if  the  ground  is  not  required  by  the  lessors  for  their  own  use. 
In  witness  [etc.,  as  in  Form  1028]. 

[Security,  if  any,  as  in  Form  1020  or  1027.] 


1031.  Indenture  of  Lease. 
This  indextxiee,  made  the        day  of  ,  in  the  year  one  thousand 

eight  liundred  and  ,  between  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  merchant,  of  the  first  part,  and  Y.  Z.,  of  ,  in  the 

said  county,  farmer,  of  tlie  second  part,  witnesseth  :  That  the  said  party 
of  the  first  part,  for  and  in  consideration  of  the  rents,  covenants  and  agree- 
ments hereinafter  mentioned,  reserved  and  contained,  on  the  part  and 


616  ABBOTTS'  FORMS. 


Indenture  of  Lease. 


behalf  of  the  party  of  the  second  part,  his  executors,  administrators  and 
assigns,  to  be  paid,  kept  and  performed,  *  has  leased,  demised  and  to  farm 
let,  and  by  these  presents  does  lease,  demise  and  to  farm  let,  unto  the  said 
party  of  the  second  part,  his  executors,  administrators  and  assigns,  all  [here 
insert  description  of  premises] :  To  have  and  to  hold  the  said  above  men- 
tioned and  described  premises,  with  the  appurtenances,  unto  the  said  party 
of  the  second  part,  liis  executors,  administrators  and  assigns,  from  the 
day  of  ,  one  thousand  eight  hundred  and  ,  for  and  during,  and 

until  the  full  end  and  term  of  years  thence  next  ensuing,  and  fuUy  to 

be  complete  and  ended,  yielding  and  paying  therefor,  unto  the  said  party  of 
the  first  part,  his  heirs  or  assigns,  yearly,  and  every  year,  during  the  said 
term  hereby  granted,  the  yearly  rent  or  sura  of  dollars,  lawful  money 

of  the  United  StflteS  of  America,  in  equal  quarter  [or,  half]  yearly  payments — 
to  wit,  on  the  day  of  [naming  the  months  intended],  in  each  and  every 
year  during  the  said  term:  Provided  always,  nevertheless,  that  if  the 
yearly  rent  above  reserved,  or  any  part  thereof,  shall  be  behind  or  unpaid, 
on  any  day  of  payment  whereon  the  same  ought  to  be  paid,  as  aforesaid ; 
or  if  default  shall  be  made  in  any  of  the  covenants  herein  contained,  on  the 
part  and  behalf  of  the  said  party  of  the  second  part,  his  executors,  adminis- 
trators and  assigns,  to  be  paid,  kept  and  performed,  then  and  from  thence- 
forth it  shall  and  may  be  lawful  for  the  said  party  of  the  first  part,  liis  heirs 
or  assigns,  into  and  upon  the  said  demised  premises,  and  every  part  thereof, 
wholly  to  re-enter,  and  the  same  to  have  again,  repossess  and  enjoy,  as  in 
his  or  their  first  and  former  estate,  any  thing  hereinbefore  contained  to  the 
contrary  thereof  in  any  wise  notwithstanding. 

And  the  said  party  of  the  secoio)  pakt,  for  himself  and  his  heirs,  ex- 
ecutors and  administrators,  doth  covenant  and  agree,  to  and  with  the  said 
party  of  the  first  part,  his  heirs  and  assigns,  by  these  presents,  that  the  said 
party  of  the  second  part,  his  executors,  administrators  or  assigns,  shall  and 
wUI,  yearly,  and  every  year,  during  the  term  hereby  granted,  well  and  truly 
pay,  or  cause  to  be  paid,  unto  the  said  party  of  the  first  part,  his  heirs  or 
assigns,  the  said  yearly  rent  above  reserved,  on  the  days,  and  in  the  manner, 
limited  and  prescribed,  as  aforesaid,  for  the  payment  thereof,  without  any 
deduction,  fraud  or  delay,  according  to  the  true  intent  and  meaning  of 
these  presents :  [if  so  agreed,  add,  and  that  the  said  party  of  the  second 
part,  his  executors,  administrators  or  assigns,  shall  and  will,  at  their  own 
proper  costs  and  charges,  bear,  pay  and  discharge  all  such  taxes,  duties 
and  assessments  whatsoever,  as  shall  or  may,  during  the  said  term  hereby 
granted,  be  charged,  assessed  or  imposed  upon  the  said  described  premises:] 
and  that  on  the  last  day  of  the  said  term,  or  other  sooner  determination  of 
the  estate  hereby  granted,  the  said  party  of  the  second  part,  his  executors, 
administrators  or  assigns,  shall  and  will  peaceably  and  quietly  leave,  sur- 
render and  yield  up,  unto  the  said  party  of  the  first  part,  his  heirs  or  assigns, 
all  and  singular  the  said  demised  premises.  And  the  said  party  of  the 
FiEST  PART,  for  himsclf,  his  heirs  and  assigns,  doth  covenant  and  agree,  by 
these  presents,  that  the  said  party  of  the  second  part,  his  executors,  admin- 
istrators or  assigns,  paying  the  said  yearly  rent  above  reserved,  and  per- 
forming the  covenants  and  agreements  aforesaid,  on  his  and  their  part,  the 


LEASES.  517 

Of  Farm.  Of  Mill. 

said  party  of  the  second  part,  his  executors,  administrators  and  assigns, 
shall  and  may  at  aU  times  during  the  said  term  hereby  granted,  peaceably 
and  quietly  have,  hold  and  enjoy  the  said  demised  premises,  without  any 
let,  suit,  trouble  or  hindrance,  of  or  from  the  said  party  of  the  first  part,  his 
heirs  or  assigns,  or  any  other  person  or  persons  whomsoever. 
In  witness  [efc.,  as  in  Form  1028]. 

1032.  Landlord's  Certificate  of  Letting  Farm  With  Stoch  and  Tools . 

This  IS  TO  OEETiFT,  that  I  have,  this        day  of  ,18    ,  let  and  rented 

unto  Y.  Z.,  of  ,  in  the  county  of  ,  a  certain  farm  situate  in  the 

town  and  county  aforesaid,  and  bounded  as  follows  [description] ;  with  the 
appurtenances,  and  also  with  the  use,  profits  and  behoof  of  the  following 
named  stock  and  farming  utensils,  cattle,  horses  and  stock  now  being  or  to 
be  on  the  said  premises  within  described,  on  and  from  the        day  of  , 

18  ,  during  the  time  below  stated — viz.,  one  span  of  hor.-es  and  two  set  of 
harness,  one  pair  cattle,  one  lumber-wagon,  and  all  the  farming  utensils  on 
the  said  farm  now  remaining  and  being,  and  the  sole  and  uninterrupted  use 
and  occupation  thereof,  for  the  term  of  from  the         day  of  . 

18    ,  at  the  yearly  rent  of  dollars,  payable  on  the  first  day  of  January 

[with  the  refusal  of  the  same  for  five  years  more  at  the  same  rent,  upon 
said  Y.  Z.  giving  me  notice  in  writing  of  his  intention  to  renew  the  lease 
on  or  before  the        day  of  ,  18    ].  [Signature.'] 

[Date.] 

1032.  TenanVs  Certificate  of  Same. 

This  is  to  certify,  that  I  have,  this        day  of  >  18    ,  rented  of 

A.  B.,  of  ,  his  farm  [describing  it\  and  have  agreed  to  the  following 

covenants — viz.,  that  I  will  seed  well  with  timothy  and  clover  seed  all  the 
laud  west  of  the  brook  which  is  broken  up ;  that  1  will  leave  the  manure 
on  the  farm ;  that  I  will  pay  for  the  sawing  of  such  lumber  as  may  be 
needed  on  the  farm,  the  logs  being  at  the  mill ;  that  I  will  draw  said  lum- 
ber, and  at  my  own  expense  construct  a  good  fence  therewith  the  whole 
length  of  the  new  road  on  the  west  side,  on  or  before  the  day  of 
18  ;  that  I  will  pay  or  cause  to  be  paid,  the  road  and  land  tax  on  th» 
same.  I  also  promise  to  use  the  horses,  oxen,  wagons,  sleighs  and  other 
tools  carefully,  and  to  return  them  in  as  good  condition  as  they  are  now 
the  necessary  wear  excepted,  together  with  possession  of  the  form  and 
buildings,  on  the        day  of  ,  18    .  [Signature.] 

[Date.] 

1038.  Lease  of  Mill,  With  Proviso  Suspending  Rent  in  Ca»6  of  Its  Ceasing 

to  Run. 

[As  in  other  forms  to  the  description  of  the  premises,  continuing  thus :] 

the  mill  of  the  party  of  the  first  part,  now  run  by  M.  &  N".,  which  is 

feet  in  length,  and  contains  looms,  being  one  of  the  milla 

known  and  designated  as  the  Ida  Mills,  in  the  city  of  ;  together  with 


518  ABBOTTS'  FORMS. 


Lease  of  Mill.  Of  Cement  Works. 

all  the  machinery  now  in  the  same  belonging  to  the  said  party  of  the  first 
part,  and  all  stoves,  boilers  and  fixtures,  and  every  article  now  in  the  said 
mill  which  appertains  to  the  same,  and  is  necessary  to  its  successful  opera- 
tion ;  and  also  all  the  dwelling-houses  and  storehouses  used  in  connection 
with  said  mill,  which  now  belong  to  the  said  party  of  the  first  part.  And 
the  said  party  of  the  first  part  further  agrees  to  pay  all  taxes  and  insurances 
on  said  premises,  and  to  furnish  water-power,  water-wheels,  main-shafting 
and  gearing  sufficient  at  all  times  to  keep  in  constant  and  fuU  operation 
said  mill,  and  all  the  running  works  of  the  same,  and  all  machinery  driven 
by  water-power  now  in  said  mill.  And  the  said  party  of  the  first  part  fur- 
ther agrees  to  secure  to  the  said  party  of  the  second  part  the  quiet  and 
peaceable  possession  of  all  and  every  part  of  said  premises,  machinery  and 
tools,  and  all  grounds  appertaining  to  said  mill,  and  all  passage-ways  to 
and  from  the  same  which  are  now  used  and  may  be  necessary  for  the  ac- 
commodation of  the  same,  for  years  from  the  first  day  of  next. 
It  is  mutually  understood  and  agreed  between  the  pai'ties  hereto,  that  in 
case  said  mill  should  be  necessarily  stopped  from  casualty,  or  in  case  there 
shall  be  a  want  of  or  failure  of  water-power,  the  rent  above  mentioned  to 
be  paid  shall  cease,  and  not  be  chargeable  during  the  continuation  of  such 
stoppage,  want  or  failure. 

1034.  Lease  of  a  Manufactory  and  Premises  for  Carrying  On  the  Business 
of  MaJcing  and  Selling  Cements. 

This  iNDENTTrEE,  made  this         day  of  ,  18      ,  between  A.  B.,  of 

,  of  the  first  part,  and  Y.  Z.,  of  ,  of  the  second  part,  witnesseth  : 

That  in  consideration  of  the  rent  and  royalties  hereinafter  reserved,  and  of 
the  covenants  hereinafter  contained,  and  on  the  part  of  the  said  Y.  Z.,  his 
executors,  administrators  and  assigns,  to  be  observed  and  performed,  he, 
"the  said  A.  B.,  hereby  grants  and  demises  unto  the  said  Y.  Z.,  his  executors, 
administrators  and  assigns — First,  all  that  tenement  chiefly  used  as  an  en- 
gine-house, situate  in  and  fronting  street  in  the  city  of  ,  which 
said  premises  are  more  particularly  delineated  in  the  map  or  plan  hereto 
annexed,  and  therein  colored  blue  ;  and  the  use  and  enjoyment  of  all  the 
machinery,  fixtures,  implements,  utensils  and  things  which  now  are  in  or 
upon  the  said  premises.  And  secondly,  all  and  singular  the  manufactories, 
buildings,  boiler-houses,  kilns,  erections,  offices,  buildings  and  premises 
situate  between  street  and  quay  in  the  said  city  of  ,  which 
said  premises  secondly  hereinbefore  described  are  more  particularly  deline- 
ated in  the  said  map  or  plan,  and  therein  colored  red ;  and  the  use  and 
enjoyment  of  all  the  machinery,  fixtures,  implements,  utensils  and  things 
which  now  are  in  or  upon  the  said  premises  secondly  hereinbefore  de- 
scribed (excepting,  nevertheless,  and  reserving  unto  the  persons  in  favor  of 
or  to  whom  the  same  have  previously  to  the  date  of  these  presents  been 
excepted  and  reserved,  their  executors,  administrators  and  assigns,  all  the 
rooms  which  form  the  upper  story  of  the  several  buildings  hereby  demised, 
and  the  absolute  use  and  enjoyment  thereof  whether  for  the  purposes  of 
business  or  otherwise,  and  unto  the  same  persons,  their  executors,  adminis- 


LEASES.  519 

Of  Cement  Works. 


trators  and  assigns,  and  unto  their  servants,  workmen  or  any  other  persons 
on  their  behalf;  and,  as  to  the  piece  of  land  colored  brown  in  the  said  map, 
either  on  foot  or  by  means  of  carts  or  other  vehicles,  horses  or  other  ani- 
mals, full  and  free  right  and  liberty  of  ingress,  egress,  regress,  passage  and 
way  at  all  times  over  the  said  piece  of  land  colored  brown  on  the  said  plan 
from  the  point  at  which  the  said  piece  of  land  adjoins  the  wharf,  and  by  all 
the  other  internal  and  external  passages  and  ways  by  which  the  said  rooms 
respectively  are  or  can  be  now  approached  from  the  said  street  from  the 
point  aforesaid) :  To  have  and  to  hold  all  the  said  premises  hereby  de- 
mised, or  expressed  so  to  be,  unto  the  said  Y.  Z.,  his  executors,  adminis- 
trators and  assigns,  for  the  term  of  years  from  the  day  of 
next :  Yieldixg  and  paying  in  respect  of  the  premises  hereby  demised  every 
year  during  the  said  term  of  years  the  clear  yearly  rent  of  dol- 
lars, and  yielding  and  paying  every  year  during  the  said  term  a  royalty  of 
per  bushel  in  respect  of  all  cements  which  shall  be  made  or  manu- 
factured and  sold  by  the  said  Y.  Z.,  his  executors,  administrators  or  assigns, 
or  any  person  or  persons  on  his  or  their  behalf,  either  on  the  premises  here- 
by demised  or  on  any  part  thereof,  or  on  any  other  premises  or  in  any  other 
place  or  places  whatsoever,  such  rent  and  royalties  to  be  paid  by  equal  quar- 
terly payments  on  the  day  of  ,  the  day  of  ,  the  day 
of  ,  and  the  day  of  ,  clear  of  all  deductions,  the  first  quar- 
terly payment  of  the  said  rent  and  royalties  respectively  to  be  made  on  the 
day  of  next.  And  the  said  Y.  Z.  hereby,  for  himself,  his  heirs, 
executors,  administrators  and  assigns,  covenants  with  the  said  A.  B.,  his  ex- 
ecutors, administrators  and  assigns,  that  the  said  Y.  Z.,  his  executors,  ad- 
ministrators and  assigns,  shall  and  will,  during  the  said  term,  pay  the  said 
rent  and  royalties  respectively  on  the  said  days  of  payment  whereon  the 
same  respectively  are  hereinbefore  made  payable  without  any  deduction, 
and  also  pay  and  discharge  all  present  and  future  taxes,  charges,  rates  and 
assessments  upon  the  said  premises  hereby  demised,  or  on  the  occupier  or 
occupiers  thereof  in  respect  of  the  same,  and  will  at  all  times  keep  indemni- 
fied the  said  A.  B.,  his  heirs,  executors,  administrators  and  assigns,  from  the 
payment  thereof  respectively ;  and  further,  that  the  said  Y.  Z.,  his  execu- 
tors, administrators  and  assigns,  shall  and  will,  at  all  times  during  the  said 
term  of  years,  carry  on,  within  the  said  city  of  ,  the  business  of 
making  or  manufacturing  cements  and  selling  the  same  there  and  elsewhere 
to  the  best  possible  advantage ;  and  shall  and  will  at  all  times  during  the 
said  term  keep  proper  books  of  account  on  the  said  premises  hereby  de- 
mised, or  on  some  part  thereof,  and  shall  from  time  to  time  make  such  en- 
tries therein  as  shall  clearly  show  the  quantity  of  cement  which  shall  from 
time  to  time  be  manufactured  and  sold  by  him  or  them,  or  any  person  or 
persons  on  his  or  their  behalf,  and  also  the  amount  of  royalties  which  shall 
from  time  to  time  become  payable  in  respect  thereof,  and  also  all  other 
matters  which  ought  to  be  entered  in  such  books  in  relation  to  the  said  b'usi- 
r^ess ;  and  shall  and  will  on  the  first  day  of  every  month  during  the  said 
term,  at  his  or  their  own  expense,  supply  the  said  A.  B.,  his  executors,  ad- 
ministrato"8  and  assigns,  with  a  proper  and  faithful  account,  in  writing, 
of  all  the  cements  which  shall  have  been  manufactured  or  sold  as  afore- 


520  ABBOTTS'  FORMS. 


Lease  of  Wharf  and  Machinery. 


said  during  the  then  preceding  month,  together  with  all  vouchers  and  such 
other  evidence  as  may  be  required  in  order  clearly  to  show  the  accuracy  of 
such  account;  and  shall  and  will,  if  and  when  required  so  to  do  by  the 
said  A.  B.,  his  executors,  administrators  or  assigns,  further  evidence  the 
accuracy  of  every  such  account  by  the  oath  or  affirmation  of  the  said 
Y.  Z.,  his  executors,  administrators  or  assigns;  and  shall  and  will  on 
every  quarter-day  during  the  said  term  during  which  the  royalties  hereby 
reserved  are  made  payable  by  these  presents,  pay  the  full  amount  of  the 
royalties  which  shall  have  become  payable  in  respect  of  all  the  cements 
which  shall  have  been  manufactured  or  sold  during  the  then  preceding 
quarter  of  a  year.  And  further,  that  in  case  the  said  rent  and  royalties 
hereby  reserved,  or  any  of  them,  or  any  part  thereof  respectively,  shall  at 
any  time  or  times  during  the  said  term,  fail  to  be  paid  at  the  times  and  in 
the  manner  hereinbefore  provided  for  this  purpose,  then  (in  addition  to  the 
powers  of  distress  and  entry  which  he  or  they  may  possess  independently  of 
any  special  clause  to  this  effect)  it  shall  be  lawful  for  the  said  A.  B.,  his  ex- 
ecutors, administrators  or  assigns,  into  or  upon  the  said  premises  hereby 
demised,  or  expressed  so  to  be,  or  any  part  thereof,  or  any  other  premises 
wherein  or  whereupon  the  said  business  may  for  the  time  being  be  carried 
on,  to  enter  and  distrain  for  the  same  rent  and  royalties  so  in  arrear,  and  the 
distress  or  distresses  there  found  to  impound  and  detain,  sell  and  dispose  of 
in  such  manner  as  landlords  are  by  law  authorized  to  do  in  respect  of  ar- 
rears of  rent  reserved  upon  common  demise,  to  the  intent  that  the  said  A. 
B.,  his  executors,  administrators  or  assigns,  may  by  such  distress  or  dis- 
tresses be  from  time  to  time  satisfied,  all  such  rent  and  royalties  as  may 
be  so  unpaid  as  aforesaid,  and  all  costs  and  expenses  occasioned  by  non- 
payment or  default  in  payment  thereof. 
In  witness  [etc.,  as  in  Form  1028]. 


1035.  Lease  by  Tenants  in  Common,  of  Wharf  Machinery,  etc.,  With  Cove- 
nants by  Lessee  for  Repairs,  and  Proviso  for  Determining  the  Term  at 
the  End  of  Fourteen,  Twenty-eight  or  Forty -two  Years  by  Lessee  on  His 
Giving  Fretioua  Notice. 

This  iNDENTTTRB,  made  the        day  of  ,  between  A.  B.,  of,  etc.,  lessor 

of  one  moiety  of  the  premises,  of  the  first  part,  C.  D.,  of  ,  lessor  of  other 
moiety  of  premises,  of  the  second  part,  and  Y.  Z.,  of  ,  lessee,  of  the 

third  part. 

Whereas  the  said  A.  B.  and  0.  D.  are  seized  of  and  absolutely  entitled 
to  the  messuage  or  dwelling-house,  piece  or  parcel  of  ground,  warehouses, 
offices,  erections,  wharf,  fixtures,  machinery  and  things  hereinafter  men- 
tioned, and  intended  to  be  hereby  demised,  as  tenants  in  common  in  equal 
shares :  And  whereas,  the  said  A.  B.  and  C.  D.  have  agreed  to  grant  to  the 
said  Y.  Z.  a  lease  of  the  said  premises,  upon  the  terms  and  in  the  manner 
hereinafter  expressed :  Now  this  indenture  witnesseth,  that  in  considera- 
tion of  the  rent  hereinafter  reserved  and  of  the  covenants  hereinafter  con- 
tained, and  on  the  part  of  the  said  Y.  Z.,  his  executors,  administrators  and 


LEASES.  521 

Of  Wharf  and  Machinery. 


assigns,  to  be  observed  and  performed,  they,  tbe  said  A,  B,  and  C.  D.  (ac- 
cording to  tbeir  respective  moieties  in  tbe  property  intended  to  be  hereby 
demised),  do,  and  each  of  them  does,  hereby  grant  and  demise  unto  the 
said  Y.  Z.,  his  executors,  administrators  and  assigns,  all  that  messuage  or 
dwelling-house,  etc.,  and  also  all  that  piece  or  parcel  of  ground,  etc.,  with 
the  warehouses,  offices  or  buildings,  and  other  erections  now  standing  and 
being  thereon ;  and  also  all  that  wharf  adjoining  thereto,  now  caUed  and 
known  by  the  name  of  Wharf,  situate,  lying  and  being  in  , 

in  the  county  of  ,  and  bounded  [here  give  boundaries],  and  now  in 

the  occupation  of  ,  and  all  which  said  hereditaments  and  premises 

are  more  particularly  described  or  delineated  in  the  map  or  plan  drawn  in 
the  margin  of  [01;  annexed  to]  these  presents.  And  also  the  use  and  en- 
joyment of  all  the  machinery,  cranes,  fixtures,  implements,  utensils  and 
things  which  now  are  in  or  upon  the  said  premises,  and  the  particulars 
whereof  are  specified  in  the  schedule  hereto  annexed:  To  have  and  to  hold 
the  said  premises  hereinbefore  demised  or  expressed  so  to  be,  unto  the  said 
Y.  Z.,  his  executors,  administrators  and  assigns,  from  the        day  of  , 

18     ,  for  the  term  of  sixty  years  thenceforth,  yielding  and  paying  therefor 
yearly,  and  every  year  during  the  said  term  of  sixty  years,  the  rent  of 
dollars,  by  equal  half-yearly  payments,  on  the        day  of  and  the 

day  of  .    And  the  said  Y.  Z.  hereby  for  himself,  his  heirs,  executors, 

administrators  and  assigns,  covenants  in  manner  following:  That  the  said 
Y.  Z.,  his  executors,  administrators  and  assigns,  shall  and  will  [insert  cove- 
nant, to  pay  rent  and  taxes,  as  above],  and  also  shall  and  will  at  all  times, 
during  the  said  term,  at  his  and  their  own  costs,  as  often  as  occasion  shall 
require,  well  and  sufficiently  repair,  support,  maintain  and  keep  in  good 
and  substantial  repair  and  condition  the  messuage,  wharf,  machinery  and 
premises  hereby  demised,  or  expressed  so  to  be,  and  also  all  other  the  erec- 
tions and  buildings  which  shall  at  any  time  during  the  said  term  be  erected 
and  set  up  in  or  upon  the  said  demised  premises,  and  the  same  in  such  good 
and  substantial  repair  and  condition,  shall  and  will,  at  the  expiration  or 
other  sooner  determination  of  the  said  term  of  sixty  years,  peaceably  and 
quietly  surrender  and  give  up  unto  the  said  A.  B.  and  0.  D.,  their  heirs 
and  assigns,  the  reasonable  use  and  wear  thereof  in  the  mean  time  only  ex- 
cepted. Peovided  always,  and  it  is  hereby  agreed  and  declared,  that  if  the 
said  Y.  Z.,  his  executors,  administrators  or  assigns,  shall  be  desirous  of  de- 
termining the  said  term  of  sixty  years,  at  the  expiration  of  the  first  fourteen, 
twenty-one  or  forty -two  years  of  the  said  term,  and  of  such  his  or  their  de- 
sire shall  for  that  purpose  deliver  to  the  said  A.  B.  and  0.  D.,  respectively, 
or  their  respective  heirs  or  assigns,  months'  previous  notice  in  writing, 

and  shall  pay  and  discharge  all  arrears  of  rent,  and  perform  all  the  cov- 
enants he;-einbefore  contained,  and  on  his  and  their  part  to  be  observed  and 
performed,  then  and  in  such  case,  at  the  expiration  of  the  said  term  oi 
fourteen  years,  this  present  lease,  and  every  thing  herein  contained  chaL 
absolutely  cease  and  determine  to  all  intents  and  purposes. 
In  witness  [etc.,  as  in  Form  1028]. 


522  ABBOTTS'  FORMS. 


Mining  Lease.  Covenants. 


1036.  Mining  Lease. 

\As  in  Form  1031  to  tTie  *,  continuing  thus ;]  do  grant  and  convey  to  the 
said  party  of  the  second  part,  his  heirs,  executors,  administrators  and  as- 
signs, the  right  of  entering  in  and  upon  the  lands  hereinafter  described,  for 
the  purpose  of  searching  for  mineral  and  fossil  substances,  and  of  conduct- 
ing mining  and  quarrying  operations,  to  any  extent  he  may  deem  advisable 
[for  the  term  of  years,  from  the         day  of  ,  18    ],  (but  not  to 

hold  possession  of  any  part  of  said  lands  for  any  other  purpose  whatsoever), 
paying  for  the  site  of  buildings  [or,  designate  other  worht]  necessary  thereto, 
a  reasonable  rent.     The  said  lands  are  situated  [here  insert  description']. 

And  the  said  party  of  the  second  part  hereby  agrees  that  he,  his  heirs, 
executors,  administrators  or  assigns,  will  pay  or  cause  to  be  paid  to  the  said 
party  of  the  first  part,  his  heirs  or  assigns  [here  state  payments],  and  also 
covenants  that  no  damage  shall  be  done  to  or  upon  said  lands  and  premises, 
other  than  may  be  necessary  in  conducting  said  operations.  And  the  said 
parties  of  the  first  and  the  second  part,  each  for  themselves,  their  heirs,  ex- 
ecutors, administrators  and  assigns,  covenant  and  agi-ee,  and  this  indenture 
is  made  with  this  express  proviso,  that  if  no  mineral  or  fossil  substance  be 
mined  or  quarried,  as  now  contemplated  by  said  parties,  within  the  period 
of  years,  from  the        day  of  »  18    ,  then  these  presents,  and 

every  thing  contained  herein,  shall  cease,  and  be  forever  nuU  and  void. 

In  witness  [etc.,  as  in  Form  1028]. 


1087.  Covenant  Rot  to  Assign,  etc. 

And  also  that  he,  the  said  party  of  the  second  part,  himself,  his  executors, 
administrators  or  assigns,  or  any  of  them,  shall  not,  nor  will,  at  any  time  or 
times  hereafter,  during  the  term  hereby  granted,  lease,  let  or  demise  all  or 
any  part^of  the  said  premises  hereby  demised,  nor  assign,  transfer  or  make 
over  the  same,  or  this  present  lease,  or  any  of  his  or  their  term  or  time 
therein  to  any  person  or  persons  whomsoever,  without  the  consent  of  the 
said  party  of  the  first  part,  his  heirs  or  assigns,  in  writing,  under  his  or 
their  seal,  for  that  purpose  first  had  and  obtained,  any  thing  hereinbefore 
contained  to  the  contrary  thereof  in  any  wise  notwithstanding. 


1038.  Covenant  to  Renew. 

It  is  farther  agreed,  that  at  the  expiration  of  the  term  [in  the  annexed 
lease  mentioned],  the  said  party  of  the  first  part  hereby  agrees  to  let  and 
lease  to  the  said  party  of  the  second  part  all  the  premises,  machinery  and 
appurtenances  in  said  lease  mentioned,  for  another  term  of  years,  at 

the  same  annual  rent,  and  on  the  same  conditions  under  which  said  party 
of  the  second  part  now  holds  said  premises  under  and  by  virtue  of  the 
present  lease ;  provided  said  party  of  the  second  part  shall,  at  least  one  yeai 


LEASES.  523 

Various  Covenants. 


before  the  termination  of  the  present  lease,  notify  the  said  party  of  the 
first  part  of  his  intention  to  hire  said  premises  and  appurtenances  for  such 
additional  term. 


1039.   Covenant  to  Buy  Fixtures  at  a  Valuation. 

And  the  said  party  of  the  first  part  hereby  covenants  and  agrees  to  and 
with  the  said  party  of  the  second  part,  that  at  the  expiration  of  the  present 
lease,  or  of  the  renewed  lease,  if  the  same  shall  be  accepted,  he  will  pur- 
chase of  the  said  party  of  the  second  part  all  the  machinery  that  shall  have 
been  placed  by  him  in  or  upon  the  said  premises  during  the  whole  time  he 
shall  have  occupied  the  same,  allowing  therefor  to  the  said  party  of  the 
second  part  the  full  valuation  at  which  such  machinery  shall  then  be  esti- 
mated, in  the  buildings,  and  not  for  purpose  of  removal.  And  in  case  the 
parties  hereto  shall  not  agree  upon  such  valuation,  then  the  same  shall  be 
made  by  three  disinterested  persons,  one  of  whom  is  to  be  chosen  by  each 
of  said  parties,  and  the  other  to  be  selected  by  the  two  so  chosen. 


1040.  The  Same  ;  Another  Form. 

That  if  said  company  shall  put  into  said  buildings  steam-boiler  pipes  and 
apparatus  for  heating  of  said  buildings  by  steam,  and  also  shall  put  into 
that  part  of  said  buildings  to  be  occupied  by  said  company  gas-pipes  and 
fixtures  for  lighting  the  same,  then  at  the  termination  of  said  lease  said  ex- 
ecutors shall,  on  demand,  pay  to  said  company,  for  said  gas-pipes  and  fix- 
tures, the  original  cost  thereof,  without  interest ;  and  for  said  boiler,  steam- 
pipes  and  apparatus  the  then  value  of  the  same,  as  such  value  shall  be 
determined  by  three  competent  and  disinterested  appraisers,  one  chosen  by 
said  executors  and  one  by  said  company,  and  the  third  by  the  two  so  chosen. 
In  default  of  such  payment  for  any  of  said  property  so  to  be  paid  for  aa 
aforesaid,  said  company  may  at  its  election  remove  the  same,  but  without 
causing  unnecessary  damage  to  said  buildings.  Said  value  of  the  boiler, 
steam-pipes  and  apparatus  shall  be  determined  by  their  value  in  said 
buildings,  and  not  their  value  when  removed  therefrom. 


1041.  Stipulation  for  Renewal  hy  Indorsement. 

And  it  is  further  agreed,  that  in  case  the  said  party  of  the  second  part 
shall,  with  the  written  consent  of  said  party  of  the  first  part,  indorsed 
hereon  or  on  the  duplicate  hereof,  at  any  time  hold  over  the  said  premises 
beyond  the  period  above  specified  as  the  termination  of  this  lease,  then 
said  party  of  the  second  part  shall  hola  said  premises  upon  the  same  terms 
and  under  the  same  stipulations  and  agreements  as  are  in  this  instrument 
contained,  and  no  holding  over  by  said  party  of  the  second  part  shall  op- 
erate to  renew  this  lease  without  such  written  consent  of  said  party  of  the 
first  part. 


524  ABBOTTS'  FORMS. 


Lease  for  Lives. 


1042.  Proviso  as  to  Re-entry^  With  Waiver  of  Notice. 

Provided,  however,  and  it  is  further  agreed,  that  if  the  said  rent  shall 
remain  unpaid  days  after  the  same  shall  become  payable  as  aforesaid, 

or  if  the  said  party  of  the  second  part  shall  assign  this  lease,  or  uuderlet  or 
otherwise  dispose  of  the  whole  or  any  part  of  said  demised  premises,  or  use 
the  same  for  any  purpose  but  that  hereinbefore  authorized,  or  make  any 
alteration  therein,  without  the  consent  of  the  party  of  the  first  part  in  wri- 
ting, or  shall  commit  waste  or  suffer  the  same  to  be  committed  -on  said 
premises,  or  injure  or  misuse  the  same,  then  this  lease  shall  thereupon,  by 
virtue  of  this  express  stipulation  therein,  expire  and  terminate,  and  the 
party  of  the  first  part  may  at  any  time  thereafter  re-enter  said  premises, 
and  the  same  have  and  possess  as  of  his  formei  estate,  and,  without  such 
re-entry,  may  recover  possession  thereof  in  the  manner  prescribed  by  the 
statute  relating  to  summary  process ;  it  being  understood  that  no  demand 
for  the  rent,  and  no  re-entry  for  condition  broken,  as  at  common  law,  shall 
be  necessary  to  enable  the  lessor  to  recover  such  possession  pursuant  to 
said  statute  relating  to  summary  process,  but  that  all  right  to  any  such  de- 
mand or  any  such  re-entry  is  hereby  expressly  waived  by  the  said  party  of 
the  second  part. 

And  it  is  further  agreed  between  the  parties  hereto,  that  whenever  this 
lease  shall  terminate,  either  by  lapse  of  time  or  by  virtue  of  any  of  the  ex- 
press stipulations  therein,  the  said  lessee  hereby  waives  all  right  to  any  no- 
tice to  quit  possession,  as  prescribed  by  the  statute  relating  to  summary 
process, 

1043.  Lease  for  Lives,  at  a  Nominal  Rent. 

This  indkntube,  made  the        day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  merchant,  of  the  first  part,  and  Y.  Z  ,  of  ,  in  the 

said  county,  and  W.  Z.  his  wife,  of  the  second  part,  witnesseth  :  That  the 
said  party  of  the  first  part,  for  and  in  consideration  of  the  rents  hereinafter 
mentioned,  and  also  in  consideration  of  love  and  affection,  doth  hereby 
grant,  demise  and  let  unto  the  said  parties  of  the  second  part  the  brown- 
stone  house  and  the  land  on  which  the  same  is  located,  being  forty-four 
feet  front,  and  also  the  two  Vacant  lots  of  ground  adjoining  thereto  ;  the 
said  premises  being  in  street,  between  and  avenues ;  and 

also  the  stable  in  the  rear  of  said  house,  and  fronting  on  street :  To 

HAVE  AND  TO  HOLD  the  Said  described  premises  with  the  appurtenances,  in- 
cluding the  household  furniture  therein,  and  also  the  library,  fixtures,  plate, 
paintings,  statuary  and  household  furniture  now  in  said  house,  unto  the 
said  parties  of  the  second  part  jointly  while  they  both  shall  live,  and  to  the 
survivor  while  he  or  she  shall  live,  they,  he  or  she  paying  therefor  unto 
the  said  party  of  the  first  part  the  yearly  rent  of  one  dollar  per  annum  on 
the  first  day  of  in  each  and  every  year  during  said  term,  and  com- 

mencing on  the        day  of  ,  in  the  year  one  thousand  eight  hundred 

and 

AiJD  for  the  consideration  aforesaid,  the  sdd  party  of  the  first  part,  iot 


LEASES.  525 

Onder  Lease.  Ground  Lease. 

his  heirs,  executors  and  administrators,  further  covenants  and  agrees  to  pay 
all  taxes  and  assessments  that  may  be  imposed  upon  and  be  chargeable 
against  the  said  premises,  during  the  continuance  of  this  lease,  from  year  to 
year  as  the  case  may  be,  and  will  also  keep  the  said  house  and  stable,  and 
the  goods  and  household  furniture  therein,  at  all  times  adequately  insured. 

And  the  said  party  of  the  first  part,  for  his  executors  and  administrators, 
doth  covenant  and  agree  to  and  vrith  the  said  parties  of  the  second  part, 
that  the  said  parties  of  the  second  part,  on  paying  the  said  yearly  rent, 
shall  jointly  while  they  both  live,  and  the  survivor  while  he  or  she  shall 
live,  at  all  times  during  the  continuance  of  this  lease,  peaceably  and  quietly 
have,  hold  and  enjoy  the  said  demised  premises  without  any  manner  of 
suit,  trouble  or  hindrance  of  or  from  the  said  party  of  the  first  part,  his 
heirs  or  assigns,  or  any  other  person  or  persons  whomsoever. 

In  witness  [etc.,  as  in  Form  1028]. 

1044.   Under  Lease. 

[Follow  other  forms,  except  that  after  describing  the  premises,  say:]  bemg 
the  same  premises  demised  by  M.  N.  to  the  party  of  the  first  part,  by  a  lease 
bearing  date  the        day  of  ,18      [and  among  the  covenants,  add. 'I 

And  the  said  [naming  lessee],  for  himself,  his  heirs,  executors  and  adminis- 
trators, hereby  covenants  with  the  said  [lessor],  his  executors,  administra- 
tors and  assigns,  that  he  and  they  will  truly  pay,  or  cause  to  be  paid,  the 
yearly  rent,  reserved  by  the  said  lease  so  granted  by  the  said  M.  N.,  as  afore- 
said, and  observe  and  perform  the  covenants,  conditions  and  agreements 
therein  contained,  and  will  keep  the  said  [lessor],  his  executors,  administra- 
tors and  assigns,  indemnified  against  the  payment  of  the  same  rent,  and  the 
performance  of  the  same  covenants,  conditions  and  agreements,  except  so 
far  as  such  covenants,  conditions  and  agreements  are  conformable  to  the 
covenants,  conditions  and  agreements  hereinbefore  contained  on  the  part 
of,  and  which  ought  to  be  observed  and  perfonned  by  the  said  lessor,  Ms 
executors,  administrators  and  assigns. 


1045.  Ground  Lease,    Twenty-one  Tears,    With  Covenants  to  Build,  and 

for  Renewals. 

This  indentttee,  made  this         day  of  »  18    ,  between  the  A.  B. 

corporation  of  the  city  of  ,  of  the  first .  part,  and  Y.  Z.  of  the  city 

of  ,  of  the  second  part,  witnesseth:  That  the  said  parties  of  the  first 

part,  in  consideration  of  the  rents  and  covenants  hereinafter  reserved  and 
contained,  have  granted,  demised  and  to  farm  let,  and  by  these  presents,  do 
grant,  demise  and  to  farm  let,  unto  the  said  party  of  the  second  part,  all 
that  certain  lot  of  land,  situate,  lying  and  being  in  the  Ward  of  the 

city  of  New  York ;  being  part  of  the  lands  of  the  said  parties  of  the  first 
part,  and  distinguished  [here  insert  description  of  the  premises]:  To  have 
AND  TO  HOLD  the  Said  lot  of  land,  unto  the  said  party  of  the  second 
part,  his  executors,  administrators  and  assigns,  from  the        day  of  , 

18    ,  for  and  during,  and  until  the  full  end  and  term  of  years  thence 


636  ABBOTTS'  FORMS. 


Ground  Lease. 


next  ensuing,  and  fully  to  be  complete  and  ended ;  yielding  and  paying  for 
the  same,  yearly  and  every  year  during  the  said  term,  unto  the  said  parties 
of  the  first  part,  their  successors  or  assigns,  the  sum  ol  dollars,  of 

lawful  money  of  the  United  States,  in  two  equal  half-yearly  payments ;  that 
is  to  say,  on  the  first  day  of  May  and  on  the  first  day  of  November,  in  each 
and  every  year  during  the  term  hereby  granted;  the  first  payment  to  be 
made  on  the  first  day  of  May  now  next  ensuing:  PROvroEo,  always,  that  if 
it  shall  happen  that  the  said  yearly  rent,  or  any  part  thereof,  shall  not  bo 
paid  on  any  day  on  which  the  same  ought  to  be  paid  as  aforesaid,  then  and 
at  all  times  thereafter,  it  shall  and  may  be  lawful  to  and  for  the  said  parties 
of  the  first  part,  their  successors  or  assigns,  into  the  said  demised  premises, 
or  any  part  thereof,  in  the  name  of  the  whole,  to  re-enter  and  to  repossess, 
have  and  enjoy  the  same  again  as  of  their  former  estate  and  interest  therein, 
any  thing  herein  contained  to  the  contrary  in  any  wise  notwithstanding. 
And  the  said  party  of  the  second  part,  for  himself,  his  executors,  adminis- 
trators and  assigns,  does  hereby  covenant  and  agree,  to  and  with  the  said 
parties  of  the  first  part,  their  successors  and  assigns,  that  the  said  party  of 
the  second  part,  his  executors,  administrators  and  assigns,  shall  and  will, 
half  yearly,  and  every  year  during  the  term  hereby  granted,  well  and  truly 
pay  unto  the  said  parties  of  the  first  part,  their  successors  or  assigns,  the 
said  rent  hereby  reserved,  at  the  days  and  times  hereinbefore  limited  for 
the  payment  thereof,  without  fraud  or  delay:  And  also,  that  the  said  party 
of  the  second  part,  his  executors,  administrators  or  assigns,  shall  and  will, 
at  his  and  their  own  proper  costs  and  charges,  bear,  pay  and  discharge  all 
such  duties,  taxes,  assessments  and  payments,  extraordinary  as  well  as 
ordinary,  as  shall,  during  the  term  hereby  granted,  be  imposed  or  grow 
due  and  payable,  out  of  or  for  the  said  demised  premises  or  any  part  thereof, 
by  virtue  of  any  present  or  future  law  of  the  United  States  of  America,  or 
of  the  State  of  ,  or  of  the  corporation  of  the  city  of  .    And 

also,  that  the  said  party  of  the  second  part,  his  executors,  administrators  or 
assigns,  or  any  of  them,  shall  not,  nor  wiU,  at  any  time  or  times  hereafter 
during  the  term  hereby  granted,  lease,  let  or  demise,  all  or  any  part  of  the 
said  premises,  nor  assign,  transfer  or  make  over  the  same,  or  this  present 
lease,  or  any  of  his  or  their  term  or  time  therein,  to  any  person  or 
persons  whomsoever,  without  the  consent  of  the  said  parties  of  the  first 
part,  their  successors  or  assigns  in  writing,  under  their  seal  for  that  purpose 
first  had  and  obtained,  any  thing  hereinbefore  contained  to  the  contrary 
thereof  in  any  wise  notwithstanding;  and  also,  that  the  said  party  of  the 
second  part,  his  executors,  administrators  or  assigns,  or  any  of  them,  shall 
not,  nor  will,  at  any  time  hereafter,  during  the  term  hereby  granted,  erect, 
make,  establish  or  carry  on,  nor  cause  or  suflFer  to  be  erected,  made,  estab- 
lished or  carried  on,  in  any  manner,  on  any  part  of  the  above-described  and 
hereby  demised  premises,  any  stable,  slaughter-house,  tallow  chandlery, 
smith-shop,  forge,  furnace  or  brass-foundry,  nail  or  other  iron  factory,  or 
any  manufactory  for  the  making  of  glass,  starch,  glue,  varnish,  vitriol,  tur- 
pentine or  ink ;  or  for  tanning,  dressing,  preparing  or  keeping  skins,  hides 
or  leather ;  or  any  distillery,  brewery,  sugar  bakery,  or  any  other  manu- 
factory, trade,  business  or  calling  whatsoever,  which  may  be  in  any  wise 


LEASES.  527 

Ground  Lease. 


noxious  or  offensive  to  the  neighboring  inhabitants ;  and  lastly,  that  the 
said  party  of  the  second  part,  his  executors,  administrators  or  assigns,  shall 
and  will,  on  the  last  day  of  the  term  hereby  granted,  or  other  sooner  deter- 
mination thereof,  well  and  truly  surrender  and  deliver  up  the  said  hereby 
demised  premises  into  the  possession  of  the  said  parties  of  the  first  part, 
their  successors  or  assigns,  without  fraud  or  delay.  Provided  always,  that 
it  shall  be  lawful  for  the  said  parties  of  the  first  part,  their  successors  and 
assigns,  when  and  as  often  as  default  shall  be  made  in  the  payment  of  the 
said  rent,  or  any  part  thereof,  to  distrain  for  the  same,  any  thing  herein 
contained  to  the  contrary  notwithstanding.  And  provided  further,  and 
this  present  lease  is  upon  this  express  condition,  that  if  the  said  party  of  the 
second  part,  his  successors  or  assigns,  shall  at  any  time  during  the  term 
hereby  granted,  erect,  make,  establish  or  carry  on,  or  cause  or  suffer  to  be 
erected,  made,  established  or  carried  on,  in  any  manner,  on  any  part  of  the 
above-described  and  hereby  demised  premises,  any  stable,  slaughter-house, 
tallow  chandlery,  smith-shop,  forge,  furnace  or  brass-foundry,  nail  or  other 
iron  factory,  or  any  manufactory  for  the  making  of  glass,  starch,  glue,  var- 
nish, vitriol,  turpentine  or  ink;  or  for  tanning,  dressing,  preparing,  or 
keeping  skins,  hides  or  leather ;  or  any  distillery,  brewery,  sugar  bakery 
or  any  other  manufactory,  trade,  business  or  calling  whatsoever,  which  may 
be  in  any  wise  noxious  or  offensive  to  the  neighboring  inhabitants ;  or  shall 
fail  in  the  performance  of  any  or  either  of  the  covenants,  conditions  or 
provisoes  in  these  presents  contained,  which,  on  the  part  and  behalf  of  the 
said  party  of  the  second  part,  his  executors,  administrators  and  assigns,  are 
or  ought  to  be  observed,  performed,  fulfilled  and  kept,  then  and  from  thence- 
forth, this  present  indenture  and  the  estate  hereby  granted,  and  every 
clause,  article  and  thing  herein  contained,  on  the  part  and  behalf  of  the 
said  parties  of  the  first  part,  to  be  performed,  fulfilled  and  kept,  shall  cease, 
determine  and  be  utterly  void,  to  all  intents  and  purposes  whatsoever,  any 
thing  herein  contained  to  the  contrary  thereof  in  any  wise  notwithstanding. 
And  the  said  party  of  the  second  part,  for  himself,  his  executors,  adminis- 
trators and  assigns,  hereby  further  covenants  and  agrees,  to  and  with  the 
said  parties  of  the  first  part,  their  successors  and  assigns,  that  he,  the  said 
party  of  the  second  part,  his  executors,  administrators  or  assigns,  shall  and 
wiU,  within  years  from  the   commencement  of  the  term  hereby 

granted,  erect  and  build,  or  cause  to  be  erected  and  buUt,  on  the  premises 
hereby  demised,  so  as  to  cover  the  whole  front  thereof,  a  good  and  sub- 
stantial dwelling-house,  stories  high,  to  be  covered  with  slate  or 
metal,  and  the  front  thereof  to  be  finished  in  such  style  as  may  be  approved 
of  by  the  said  parties  of  the  first  part,  their  successors  or  assigns.  And  it 
is  hereby  mutually  covenanted  and  agreed,  by  and  between  the  parties  to 
these  presents,  that  if  the  said  party  of  the  second  part,  his  executors,  ad- 
ministrators or  assigns,  shall  and  do,  within  years  from  the  com- 
mencement of  the  term  hereby  granted,  erect  and  build,  or  cause  to  be 
erected  and  built  on  the  premises  hereby  demised,  such  dwelling-house  as 
is  above  described,  then  the  said  parties  of  the  first  part,  their  successors  or 
assigns,  shall  and  will,  at  the  end  and  expiration  of  the  term  hereby  demised, 
grant  and  execute  unto  the  said  party  of  the  second  part,  his  executors, 


628  ABBOTTS'  FORMS. 


Ground  Lease. 


administrators  or  assigns,  at  his  or  their  expense,  a  renewal  of  this  lease, 
for  the  further  term  of  twentj-one  years  thence  ensuing,  at  such  annual 
rent  as  shall  be  agreed  upon  by  the  said  parties,  their  executors,  adminis- 
trators, successors  or  assigns,  respectively,  in  half-yearly  payments  (but  not 
less  than  the  rent  above  reserved) ;  and  in  the  event  of  their  not  agreeing 
upon  such  rent,  each  party  shall  choose  a  disinterested  person  to  ascertain 
the  same,  vehich  persons  so  chosen  shall  themselves  respectively  be  owners, 
in  fee-simple,  of  one  or  more  lots  of  land  in  the  neighborhood  of  the  one 
hereby  demised,  and  shall,  in  making  their  award  or  determination  in  the 
said  premises,  under  oath,  appraise  and  value  the  said  lot  of  land  hereby 
demised,  at  its  fuU  and  fair  worth  or  price  at  private  sale,  considering  the 
same  as  an  unencumbered  vacant  lot,  and  per  cent,  on  the  amount  of 

their  said  appraisement  or  valuation  shall  be  the  annual  rent  of  the  said  lot 
of  land  for  such  further  term ;  and  in  case  the  arbitrators  should  differ  in 
the  amount  of  their  appraisement  or  valuation,  as  aforesaid,  they  shall  then 
choose  an  umpire,  qualified  as  aforesaid,  whose  decision,  under  oath,  shall 
fix  and  determine  the  same,  and  per  cent,  on  the  amount  of  the  ap- 

praisement or  valuation  so  fixed  and  determined  shall  be  the  annual  rent  of 
the  said  lot  of  land  for  such  further  term.  And  it  is  further  mutually 
covenanted  and  agreed,  by  and  between  the  parties  aforesaid,  that  at  the 
expiration  of  the  term  to  be  granted  by  such  renewed  release  as  aforesaid, 
the  said  parties  of  the  first  part,  their  successors  or  assigns,  shall  have  the  full 
liberty  and  choice  either  to  grant  a  second  renewal  of  this  lease  for  the 
further  term  of  years  thence  ensuing,  at  such  annual  rent,  payable 

half  yearly  (but  not  less  than  the  rent  of  the  preceding  term),  as  shall  be 
ascertained  and  determined  in  the  manner  aforesaid,  or  to  pay  unto  the 
said  party  of  the  second  part,  his  executors,  administrators  or  assigns,  the 
value  of  the  said  house  to  be  built  and  erected  as  aforesaid,  which  value 
shall  be  ascertained  by  three  disinterested  persons  on  oath,  to  be  chosen  as 
aforesaid.  And  it  is  further  mutually  covenanted  and  agreed,  by  and 
between  the  parties  aforesaid,  that  in  case  the  said  parties  of  the  first 
part,  tlieir  successors  or  assigns,  shall  and  do  elect  and  choose  to  grant  a 
second  renewal  of  this  lease  as  aforesaid,  they,  the  said  parties  of  the  first 
part,  their  successors  or  assigns,  shall  still  have  and  retain  the  full  liberty 
and  choice  at  the  expiration  of  the  term  to  be  granted  by  such  second 
renewal,  either  to  grant  a  third  renewal  of  this  lease  for  the  further  term 
of  twenty-one  years  thence  ensuing,  at  such  annual  rent,  payable  half  yearly 
(but  not  less  than  the  rent  of  the  last  preceding  term),  as  snail  be  ascer- 
tained and  determined  in  the  manner  aforesaid,  or  to  pay  unto  the  said 
party  of  the  second  part,  his  executors,  administrators  or  assigns,  the  value 
of  the  said  house,  which  value  shall  be  ascertained  as  aforesaid ;  and  in 
this  manner,  at  the  expiration  of  the  term  to  be  granted  by  the  first  renewal 
of  this  lease,  and  at  the  expiration  of  each  and  every  term  which  may 
be  thereafter  granted  by  each  and  every  subsequent  renewal  of  this  lease, 
the  said  parties  of  the  first  part,  their  successors  or  assigns,  shall  stlU  have 
and  retain  the  full  liberty  and  choice,  either  to  grant  a  further  renewal  of 
this  lease  for  the  further  term  of  twenty -one  years,  at  sueh  annual  rent 
payable  half  yearly  (but  not  less  than  the  rent  of  the  last  preceding  term), 


LEASES.  529 

Kenewal  Lease. 


as  shall  be  ascertained  and  determined  in  the  manner  aforesaid,  or  to  pay 
nnto  the  said  party  of  the  second  part,  his  executors,  administrators  or 
assigns,  the  value  of  the  said  house,  which  value  shall  he  ascertained  as 
aforesaid.  And  it  is  further  mutually  covenanted  and  agreed,  by  and  be- 
tween the  parties  aforesaid,  that  whenever  the  said  parties  of  the  first  part, 
their  successors  or  assigns,  shall  refuse  to  grant  a  renewal  of  this  lease  as 
aforesaid,  the  said  house  shall  be  valued  and  paid  for  as  aforesaid :  Provided 
always,  that  the  party  of  the  second  part,  his  executors,  administrators  or 
assigns,  shall  not  be  compelled  to  surrender  the  premises  until  such  pay- 
ment be  made  or  tendered.  And  it  is  further  mutually  covenanted  and 
agreed,  by  and  between  the  parties  aforesaid,  that  in  case  the  said  parties 
of  the  first  part,  their  successors  or  assigns,  shall  at  the  expiration  of  the 
term  to  be  granted  by  the  first  renewal  of  this  lease,  or  at  the  expiration  of 
any  term  which  may  be  granted  thereafter,  by  any  subsequent  renewal 
thereof,  elect  and  choose  to  pay  unto  the  said  party  of  the  second  part,  his 
executors,  administrators  or  assigns,  the  value  of  the  said  house  to  be  ascer- 
tained as  aforesaid,  and  shall  actually  make  such  payment  or  tender  the 
same,  he,  the  said  party  of  the  second  part,  his  executors,  administrators 
or  assigns,  shall  then  deliver  up  the  said  house  in  the  same  order  and  con- 
dition in  which  it  was  at  the  time  of  its  valuation  as  aforesaid,  and  also  all 
and  singular  other  the  premises  hereby  demised,  into  the  hands  and  posses- 
sion of  the  said  parties  of  the  first  part,  their  successors  or  assigns,  without 
fraud  or  delay.  And  lastly,  it  is  mutually  covenanted  and  agreed,  by  and 
between  the  parties  aforesaid,  that  each  renewed  lease  shall  contain  the  like 
covenants,  provisoes  and  conditions,  as  herein  contained,  except  as  regards 
the  erection  of  any  house  or  building  on  the  said  demised  premises. 
In  witness  [etc.,  as  in  Form  1028]. 

1046.  Renewal  Lease. 

Whereas  the  said  parties  of  the  first  part,  by  indenture  dated  the 
day  of  ,  18    ,  did  grant  and  demise  unto  ,  all  that  certain  lot 

of  land  hereinafter  described  for  the  term  of  twenty-one  years,  from  the 
day  of  then  next,  subject  to  certain  rents,  covenants  and  con- 

ditions therein  reserved  and  expressed.  And  among  other  things  it  was 
thereby  agreed,  that  in  case  of  the  erection  on  the  said  lot  of  land  of  a 
building  of  such  description  as  is  therein  specified,  the  said  parties  of  the 
first  part  should,  at  the  expiration  of  the  said  term,  grant  a  new  lease  of 
the  said  lot  for  the  further  term  of  twenty-one  years,  at  an  annual  rent  to 
be  agreed  upon  or  ascertained  as  is  therein  mentioned,  and  with  such  cov- 
enants, conditions  and  provisoes  to  be  therein  inserted  as  are  hereinafter 
contained.  And  whereas  a  building  has  been  erected  on  the  said  lot  of  land 
of  the  description  mentioned  in  the  said  lease,  according  to  the  terms 
thereof,  whereby  the  said  party  of  the  second  part  is  entitled  to  a  renewal 
of  the  said  lease  for  such  further  term,  at  an  annual  rent  hereinafter  re- 
served, and  now  in  the  manner  prescribed  by  the  said  lease,  payable  half 
yearly,  and  subject  to  the  covenants,  conditions  and  provisoes  hereinafter 
contained. 

Now,  THEREFORE  [proceeding  as  in  preceding  form].. 
34 


530  ABBOTTS'  FORMS. 


Building  Lease. 


1047.  Lease  hy  a  Municipal  Corporation  for  Purposes  of  a  Fair,  Lessees 
Covenanting  to  Erect  Building. 

This  indenture,  made  this        day  of  ,  one  thonsand  eight  hun 

dred  and  ,  between  the  mayor,  aldermen  and  commonalty  of  the 

city  of  New  York,  parties  of  the  first  part,  and  Y.  Z.,  of  said  city,  party  of 
the  second  part. 

Whereas  a  certain  resolution  was  heretofore  adopted  by  the  common 
council  of  said  city,  and  approved  by  the  mayor  of  said  city,  on  the 
day  of  ,  which  said  resolution  is  as  follows:  "Resolved,  that  the  free 

use  and  sole  occupation  of  the  ground  known  as  Reservoir  Square,  belong- 
ing to  the  corporation  of  the  city  of  New  York,  and  bounded  [etc.],  be,  and 
the  same  is  hereby  granted  to  Y.  Z.  and  his  associates  for  the  term  of  five 
years,  if  required  and  used  by  them  for  the  purpose  hereinafter  mentioned 
for  that  period;  if  not  for  the  period  of  time,  they  may  use  the  same  not 
beyond  five  years  from  the  adoption  of  this  resolution,  said  Y.  Z.  and  his 
associates  paying  therefor  the  rent  of  one  dollar  per  annum,  whereon  to 
erect  a  building  of  iron  and  glass  for  the  purpose  of  an  Industrial  Exhibi- 
tion of  all  Nations,  in  pursuance  of  the  prayer  of  the  petitioner,  annexed, 
provided  that  the  price  of  admission  to  said  building  for  individuals  shall  at 
no  time  exceed  fifty  cents.  Now  this  indenture  witnesseth,  that  the  said 
parties  of  the  first  part  have  letten,  and  by  these  presents  do  grant,  demise 
and  to  farm  let  unto  the  said  party  of  the  second  part,  the  free  use  and 
sole  occupation  of  that  part  of  the  ground  known  as  Reservoir  Square, 
which  is  particularly  designated,  being  colored  pink  on  a  map  hereto  an- 
nexed, drawn  by  ,  city  surveyor,  dated  \etc.\  which  said  map  is 
considered  a  part  of  this  indenture,  said  portion  of  said  ground  measuring 
\etc\  for  the  purpose  of  erecting  thereon  a  building  of  iron  and  glass  for 
the  purpose  of  an  Industrial  Exhibition  of  all  nations,  pursuant  to  the 
prayer  of  said  Y,  Z.  heretofore  presented  to  the  said  common  council,  and 
on  file  in  the  oifice  of  the  clerk  of  said  common  council,  for  the  term  of  five 
years,  if  required  and  used  by  the  said  party  of  the  second  part  for  the 
purpose  hereinbefore  mentioned  for  that  period  ;  if  not  for  the  period  of 
time  he  may  use  the  same  for  said  purpose,  not  beyond  five  years  from  the 
said  day  of  ,  one  thousand  eight  hundred  and  ,  at  the  yearly 
rent  or  sum  of  one  dollar  per  annum,  to  be  paid  in  equal  quarter-yearly 
payments;  and  it  is  agreed,  thatif  any  rent  shall  be  due  and  unpaid,  or  if 
default  shall  be  made  in  any  of  the  covenants  herein  contained,  then  it  shall 
be  lawful  for  the  said  parties  of  the  first  part  to  re-enter  the  said  premises, 
and  to  remove  all  persons  therefrom.  And  the  said  party  of  the  second 
pai-t  doth  hereby  covenant  to  pay  to  the  said  parties  of  the  first  part  the 
said  yearly  rent  as  herein  specified ;  and  it  is  expressly  understood  and 
agreed,  and  this  indenture  is  upon  the  express  condition  that  the  said  party 
of  the  second  part  and  his  associates,  shall  and  will  erect  upon  the  said 
premises,  such  a  building  as  is  described  in  the  petition  and  resolution 
aforesaid,  and  that  the  price  of  admission  to  said  building  for  individuals 
Bhall  at  no  time  exceed  fifty  cents ;  and  that  at  the  expiration  of  the  said 
term,  the  said  party  of  the  second  part  shall  quit  and  surrender  the  premises 


LEASES.  681 

Farm  Lease  on  Sliares.  Surrender. 

hereby  demised,  in  as  good  state  and  condition  as  reasonable  use  and  wear 
thereof  will  permit,  damages  by  the  elements  excepted;  and  the  said  par- 
ties of  the  first  part  do  covenant,  that  the  said  party  of  the  second  part,  on, 
paying  the  said  yearly  rent,  and  performing  the  covenants  and  agreements 
aforesaid,  shall  and  may  peaceably  and  quietly  have,  hold  and  enjoy  the 
said  demised  premises  for  the  term  aforesaid. 
In  witness  [etc.,  as  in  Form  1028]. 

1048.  Covenants  in  a  Farm,  Lease  on  Shares. 

And  the  said  party  of  the  second  part  hereby  covenants  and  agrees,  to 
and  with  the  party  of  the  first  part,  that  he  will  occupy,  till  and  in  all  re-  • 
spects  cultivate  the  premises  above  mentioned,  during  the  term  aforesaid, 
in  a  husbandlike  manner,  and  according  to  the  usual  course  of  husbandry 
practised  in  the  neighborhood ;  that  he  will  not  commit  any  waste  or 
damage,  or  suflfer  any  to  be  done ;  that  he  will  keep  the  fences  and  build- 
ings on  the  said  premises  in  good  repair,  reasonable  wear  thereof  and  dam- 
ages by  the  elements  excepted ;  and  that  he  will  deliver  to  the  said  party 
of  the  first  part,  his  heirs,  executors  or  administrators,  or  to  his  or  their 
order,  one  equal  half  of  all  the  proceeds  and  crops  produced  on  the  said 
farm  and  premises  aforesaid,  of  every  name,  kind  and  description, — to  be 
divided  on  the  said  premises,  in  the  mow,  stack,  or  half-bushel,  according 
to  the  usual  course  and  custom  of  making  such  divisions  in  the  neighbor- 
hood, and  within  a  reasonable  time  after  such  crops  shall  have  been  gath- 
ered and  harvested.  ^ 

It  is  further  agreed  between  the  parties  hereto  that  the  party  of  the  first 
part  shall  provide  one  equal  half  of  all  seed  or  seeds  necessary  to  be  sown 
or  planted  on  said  premises,  and  pay  aU  taxes  and  assessments  upon  the 
same;  that  the  party  of  the  second  j^rt  is  to  do,  or  cause  to  be  done,  all 
necessary  work  and  labor  in  and  about  the  cultivation  of  the  said  premises ; 
that  he  is  to  have  full  permission  to  inclose,  pasture  or  till  and  cultivate 
the  said  premises,^So  fai/  as  the  same  may  be  done  without  injury  to  the 
reversion,  and  to  cut  all  necessary  timber  for  firewood,  farming  purposes 
and  repairing  fences ;  and  that  he  is  to  give  up  and  yield  peaceable  posses- 
sion of  the  said  premises  at  the  expiration  of  his  said  term. 

1049.  Surrender  of  a  Lease  Indorsed  Thereon. 

Know  all  ken  by  these  presents,  that  I,  Y.  Z.,  the  within-named  lessee 
[o7',  assignee  of  the  within -named  lessee],  in  consideration  of  dollars, 

to  me  in  hand  paid,  do,  for  myself,  my  executors  and  administrators,  bar- 
gain, sell,  surrender  and  yield  up,  from  the  day  of  the  date  hereof,  unto  the 
within-named  Y.  Z.,  lessor  [or  other  owner  of  the  reversi<m],  and  his  heirs 
[or,  his  executors  and  administrators],  the  within  indenture  of  lease,  and 
the  lands  and  premises  therein  mentioned,  and  the  term  of  years  therein 
yet  to  come,  with  all  my  right,  title  and  interest  thereto,  and  that  free  and 
clear  of  all  encumbrances  of  what  kind  soever,  at  any  time,  by  me,  or  by 
my  privitv  consent  or  procurement,  done,  committed  or  suffered. 

In  witness  [etc.,  as  in  Form  1028J. 


532  ABBOTTS'  FORMS. 


Legislation. 


CHAPTEE  LY. 

LEGISLATION. 

Notice  of  application. — By  the  statutes  of  New  York,(rt)  it  is  required  that 
all  persons  applying  to  divide  or  alter  the  bounds  of  any  county,  city  or  vil- 
lage ;  or  to  erect  a  new  county  ;  or  to  incorporate  a  new  city  or  village  ;  for  the 
removal  of  any  courthouse ;  or  the  imposing  of  a  tax  for  making  or  improving 
a  road  ;  or  for  any  other  local  purpose,  in  any  county,  where  all  or  any  of  the 
inhabitants  of  such  county  are  proposed  to  be  taxed  ;  for  a  release  of  lands  es- 
cheated to  the  State ;  for  the  passage  of  laws  authorizing  the  construction  of 
dams  in  or  across  the  streams  or  waters  of  this  State,  Avhich  are,  by  law,  public 
highways  ; — shall  give  notice  of  such  intended  application  by  advertisement,  to 
be  published  for  at  least  six  weeks  successively,  immediately  before  such  appli- 
cation or  before  the  first  day  of  the  session  at  which  the  same  is  to  be  made,  in 
a  newspaper  printed  in  the  county,  or  in  each  of  the  counties  where  the  objects 
of  such  application  are  intended  to  be  carried  into  effect,  and  also  in  case  of  in- 
tended application  for  the  imposition  of  any  tax  as  aforesaid,  in  the  State 
paper. 

Every  association  intending  to  apply  to  the  Legislature  for  an  act  of  incor- 
poration, and  every  corporation  intending  to  apply  for  an  alteration,  amend- 
ment or  extension  of  its  charter,  shall  cause  the  like  notice  of  such  application 
to  be  published  in  the  State  paper,  and  also  in  a  newspaper  printed  in  the 
county  in  which  such  corporation  is  intended  to  be,  or  shall  have  been 
established. 

If  no  newspaper  be  printed  in  a  county  in  which  any  notice  is  required  to  be 
published,  such  notice  shall  be  published  in  like  manner,  in  the  place  nearest 
thereto  in  which  a  newspaper  shall  be  printed. 

If  the  application  be  for  an  act  of  incorporation,  the  notice  shaU  specify  the 
amount  of  the  capital  stock  requisite  to  carry  the  objects  of  such  incorporation 
into  effect ;  and  if  the  application  be  for  an  alteration  in  any  charter  already 
granted,  the  notice  shall  state  specifically  the  alteration  intended  to  be  applied 
for. 

The  notice  of  all  other  applications,  of  which  notice  is  required  to  be  given, 
shall  specify  the  nature  and  objects  of  such  intended  applications. 

It  is  held,  however,  that  the  omission  to  give  such  notice  does  not  affect  the 
validity  of  such  an  act,  if  it  be  passed  by  the  Legislature  without  the  notice ; 
and  if  it  could,  the  notice  might  be  presumed  to  have  been  given,  in  the  ab- 
sence of  evidence  to  the  contrary  .(ft) 

Private  bills. — The  constitution(c)  provides  that  no  private  or  local  bill 
Bhall  embrace  more  than  one  subject,  and  that  shaU  be  expressed  in  the  title. 
The  intent  of  this  is  to  prevent  the  uniting  of  various  objects  liaAring  no  neces- 
sary or  natural  connection  with  each  other  in  one  bill,  so  as  to  combine  various 
interests  in  supjxirt  of  the  passage  of  the  whole  bi]l.(d)  Where  the  object  of  a 
bill  is  single  and  entire,  provisions  incidental  thereto  need  not  be  expressed  in 
the  title,  but  the  title  should  indicate  tlie  general  scope  and  object.(e) 

(a)  1  Bev.  Stat.,  155.  («)  Brewster  v.  City  of  Syracuse,  19  N'. 

(b)  Smith  V.  Hejiner,  7  Barb.,  416.  Y.,  116  ;  Mosier  v.  Hilton,  15  Barb.,  657 ; 
(e)  Const,  of  N.  Y.,  art.  3,  §  16.                 People  v.  Lawrence,  36  3.,  177. 

(d)  Conner  v.  Mayor,  etc.,  of  N.  Y.,  5 
N.  r.  (1  Seld.),  285. 


LETTERS  OF  CREDIT.  533 

Notice  of  Applying  to  Legislature. 

PAGK 

1050.  Notice  of  application  to  Legislature 533 

1051.  Petition  for  enactment  of  a  law 583 

1052.  Eemoustrance  against  a  pending  bill 533 

1050.  Notice  of  Application  to  the  Legislature. 

Notice  is  hereby  given,  that  an  application  will  be  made  to  the  Legis- 
lature of  the  State  of  New  York,  at  the  session  commencing  on  the  day 
of  »  18    ,  for  [here  state  the  nature  and  oijects,  as  above  required], 

IDateJ]  A.  B.,  of 

0.  D.,  of 

1051.  Petition  for  the  Enactment  of  a  Law. 

To  the  Legislature  of  the  State  of  : 

The  petition  of  the  undersigned,  citizens  [and  taxpayers]  of  said  State, 
respectfully  shows. 

[Here  state  facts.] 

Wheeefoee,  your  petitioners  ask  the  enactment  [here  state  what  is  de 
sired]. 

[Date.]  [Signatures.] 

1052.  Eemonstrance  Against  a  Pending  Bill. 

To  the  Legislature  of  the  State  of  New  York : 

The  undersigned,  citizens  [and  taxpayers]  of  the  city  of  New  York,  re- 
spectfully remonstrate  against  the  passage  of  any  bills  now  pending  before 
the  Legislature,  by  which  the  franchise  or  right  of  constructing  railroads  in 
the  city  of  New  York  is  granted  to  private  individuals. 
This  remonstrance  is  on  the  ground  that  [setting  forth  the  reason], 
[Date.]  [Signatures.] 


CHAPTER  LYI. 

LETTERS  OF  CREDIT. 


Letters  op  credit  are  of  two  kinds,  general  and  special.  A  special  letter 
of  credit  is  addressed  to  a  particular  individual  by  name,  and  is  confined  to 
him,  and  gives  no  other  person  a  right  to  act  upon  it.  A  general  letter,  on  the 
contrary,  is  addressed  to  any  and  every  person,  and  therefore  gives  any  person 
to  whom  it  may  be  shown,  authority  to  advance  upon  its  credit.  A  privity  of 
contract  springs  up  between  him  and  the  drawer  of  the  letter  and  it  becomes, 
in  legal  effect,  the  same  as  if  addressed  to  him  by  name.(a) 

(a)  Union  Bank  v.  Coster,  S  iV]  JT.  (3  Comet.),  208. 


534  ABBOTTS'  FORMS. 


Letters  of  Credit. 


The  language  of  a  letter  of  credit  should  be  well  considered  in  reference  to 
the  point  whether  the  writer  intends  to  confine  it  to  one  or  more  transactions 
amounting  to  a  specified  sum,  and  beyond  that  extent,  to  cease,  or  whether  he 
will  allow  it  to  stand  as  a  continuing  guaranty,  so  that  the  person  for  whose 
benefit  it  is  given  may  continue  to  make  new  transactions  under  it,  by  paying 
what  he  first  incurs. 

If  the  writer  desires  that  notice  should  be  given  him  of  transactions  had 
under  the  guaranty,  it  is  best  to  express  that  condition  in  the  letter.  If  ex- 
pressed, the  condition  must  be  steadily  pursued.  There  is  some  conflict  of 
authority  as  to  whether  notice  is  necessary,  if  not  required  by  the  tenor  of  the 
letter.(6) 

In  order  to  render  the  writer  liable,  the  terms  of  the  letter  must  be  strictly 
pursued.  If  it  specifies  the  amount  or  the  time  of  credit,  he  ca^mot  be  held  for 
a  greater  amoimt,  or  for  a  debt  incurred  at  a  longer  credit. 

FAOE 

1068.  General  letter  of  guaranty 634 

1054.  General  letter  of  credit  and  guaranty 634 

1055.  Special  letter 534 

1053.  General  Letter  of  Guaranty. 

I  HEREBY  guarantee  to  any  person  advancing  money  or  selling  goods  to 
A.  B.,  not  exceeding   '  dollars,  the  payment  thereof,  at  the  expiration 

of  the  credit  which  shall  be  given.  • 

[Date.l  [SigrMture.'] 

[Address\  to  A.  B.(c) 

1054.  General  Letter  of  Credit  and  Guaranty. {3) 

SiE — We  hereby  agree  to  accept,  and  pay  at  maturity,  any  draft  or  drafts 
on  us  at  sixty  days'  sight,  issued  by  Messrs.  0.  D.  &  Co.,  of  your  city,  to 
the  extent  of  $25,000,  and  negotiated  through  your  bank.    "We  are  [c^c] 

[Date.]  [Signature.] 

I  hereby  guarantee  the  due  acceptance  and  payment  of  any  draft  issued 
in  pursuance  of  the  above  credit.  [Signature  of  guarantor.] 

[Date.] 

1055.  Special  Letter. 

To  A.  B. — Sir — I  will  be  responsible  for  goods  [limiting  the  Tcind^  if  de- 
sired] to  be  sold  [or,  money  to  be  lent]  by  you  to  0.  D.,  to  an  amount  not 
exceeding  in  the  aggregate  dollars  [or,  if  desired  to  give  a  continuing 

guaranty,  not  exceeding  an  indebtedness  of  dollars  at  any  one  time]. 

[Date.]  [Signature.] 

(b)  Compare  Adams  v.  Jones,  12  Pet.  advances,  etc.,  on  the  faith  of  it,  giving 
<S.  Ct.,  207  ;  Douglass  d.  Reynolds,  7  lb.,  notice  to  the  writer.  Adams  v.  Jones,  12 
126 ;  12  lb.,  497 ;  Louisville  Manuf.  Co.  v.  Pet.  S.  Ot.,  207 ;  Kussell  v.  Wiggin,  2  Story 
Welch,  10  How.  S.  Ct.,  461 ;  and  Smith  v.  C.  Ct.,  218. 

Dann,  6  Hill.,  543 ;  Union  Bank  v.  Cos-  {d)  This  form  is  sustained  by  Union 

ter,  i  N.  r.  (3  Comst.),  203.  Bank  v.  Coster,  8  N.  T.  (3  Gormt.),  203. 

(c)  Such  a  letter,  though  addressed  to  Such  an  instrument,  not  addressed  to  any 
the  party  for  whose  benefit  it  is  given,  particular  bank,  is  a  general  letter,  not 
enures  as  a  contract  with  any  person  to  limiting  the  party  for  whose  benefit  it  is 
whom  it  is  shown,  and  who  makes  the  issued,  to  one  bank  or  to  one  transaction. 


MANHFACTURmG  COMPANIES.  535 

Licenses. 


CHAPTEK  LVIL 

LICENSES. 

A  LICENSE  is  an  authority  or  permission  to  do  some  act  affecting  one's  prop- 
erty, without  granting  any  interest  or  right  in  the  property.  It  is  distinguished 
from  a  power,  which  involves  to  some  extent  the  idea  of  the  relation  of  prin- 
cipal and  agent ;  and  from  a  grant,  which  transfers  some  interest  in  the  prop- 
erty. A  license,  relating  even  to  real  property,  may  be  given  by  parol ;  but  if 
it  is  desired  to  give  any  interest  in  the  property,  or  any  permanent  right,  the 
appropriate  instrument  is  a  Deed. 

A  license  is  revocable  at  the  will  of  him  who  grants  it ;  and  though  it  is  a 
justification  for  acts  done  meanwhile,  yet  when  revoked,  the  protection  which 
it  gave  ceases.  It  is  only  where  a  license  is  annexed  as  an  incident  to  a  valid 
grant,  that  it  is  deemed  irrevocable.  Hence,  if  a  mere  temporary  permission 
is  sought,  such  as  to  go  upon  the  land  and  cut  wood,  an  oral  license  will  suflBce 
to  protect  from  a  charge  of  trespass  ;  but  if  aliy  continuous  right  is  desired,  a 
grant  should  be  made. 

The  subject  of  Licenses  under  the  Excise  Laws  is  treated  of  in  the  chapter 
of  Excise. 


CHAPTEE  LYin. 

MANUFACTUEING  COMPAmES. 

In  many  of  the  States,  general  laws  have  been  adopted  authorizing  com- 
panies formed  for  various  business  purposes,  chiefly  Manufacturing  and  Min- 
ing, to  become  incorporated  without  special  charters,  by  complying  with  cer- 
tain conditions.  The  general  law  of  New  York  authorizes  the  incorporation 
in  this  way  of  companies  for  carrying  on  any  kind  of  manufacturing,  mining, 
mechanical  or  chemical  business  ;(«)  for  the  purpose  of  raising  vessels  or  other 
heavy  bodies  ;{b)  collecting  and  selling  ice(c)  and  mineral  waters  ;(d)  and  for 
the  purpose  of  printing  and  publishing  books,  pamphlets  and  newspapers.(e) 

The  forms  used  under  the  laws  of  Pennsylvania  will  be  found  in  the  chapter 
of  Mining  and  Oil  Companies. 

PAGE 

1056.  Certificate  of  incorporation  for  business  within  the  State 536 

1057.  The  same  ;  for  business  to  be  carried  on  wholly  or  partly  without  the  State.  586 

1058.  Acknowledgment 536 

(a)  Laws  of  1848,  54,  ch.  40  ;  1853,  705,  (b)  Laws  o/1851,  16,  ch.  14. 

ch.  338;   1854,  469,  ch.  201;  1  Laws  of  (c)  Zaw«  o/ 1855,  516,  ch.  301. 

1857,  46,  ch.  29;  Laws  of  1861,  467,  ch.  \d)  Laws  of  186S,  87,  ch.  68. 

170.  («)  Laws  of  1857,  549,  ch.  262. 


536  ABBOTTS'  FORMS. 


Formation  of  Manufacturing  Companies. 


1056.  Certificate  of  Incorporation  for  Business  Within  the  State. 

State  of  New  Yobk,  ) 

County  of '         .      j     ■ 

We,  the  undersigned  [naming  at  teast  three  corporators],  do  by  these 
presents,  pursuant  to  and  in  conformity  with  the  act  of  the  Legislature  of 
the  State  of  New  York,  passed  on  the  seventeenth  day  of  February,  one 
thousand  eight  hundred  and  forty-eight,  entitled  "  An  Act  to  authorize  the 
formation  of  corporations  for  manufacturing,  mining,  mechanical  or  cliemi- 
cal  purposes,"  and  the  several  acts  of  the  said  Legislature  amendatory  there- 
of, associate  ourselves  together,  and  form  a  body  politic  and  corporate,  and 
do  hereby  certify : 

1.  That  the  corporate  name  of  the  said  company  is  [here  insert  name  in 
full]. 

2.  That  the  objects  for  which  the  said  corporation  is  formed  are  as  fol- 
lows [here  state  them  with  precision,  hut  in  general  terms], 

3.  That  the  capital  stock  of  the  said  corporation  shall  be  dollars, 
which  shall  be  divided  into            shares  of           dollars  each. 

4.  That  the  said  corporation  shall  commence  on  the  day  of  ,  in 
the  year  one  thousand  eight  hundred  and  ,  and  shall  continue  in  ex- 
istence for  the  term  of           years. 

5.  That  the  number  of  trustees  of  the  said  corporation  shall  be  , 
whose  names  are  as  follows,  and  who  shall  manage  the  concerns  of  the  said 
corporation  for  the  first  year.     [N^aines.]  * 

6.  That  the  names  of  the  town  and  county  [or,  towns  and  counties]  in 
which  the  operations  of  said  company  are  to  be  carried  on  are  [here  desig- 
nate them,  and  if  more  than  one  is  named,  add:]  and  the  principal  place  of 
business  of  the  said  corporation  shall  be  in  the  ,  of  ,  in  the 
county  of           ,  and  State  of  New  York.                              [Signatures.] 

1057.  Certificate  of  Incorporation,  Where  Business,  or  a  Part  of  It,  is  to 
be  Carried  On  Out  of  the  State. 

[As  in  preceding  form  to  the  *,  concluding  thus:]  6.  The  said  company  is 
formed  for  the  purpose  of  carrying  on  some  part  of  its  business  out  of  the 
State  of  New  York — namely,  at  [insei't  name  of  place],  and  the  names  of  the 
town  and  county  in  which  the  principal  part  of  the  business  of  the  said 
company  is  to  be  transacted  are  [insert  names  of  town  and  county]. 

[Signatures.] 

1058.  Acknowledgment  of  Certificate  of  Incorporation. 
County  of  ,  ss. 

On  this  day  of  ,  a.  d.  18    ,  before  me  personally  appeared 

[insert  names  of  subscribers  to  the  certificate],  to  me  known  to  be  the  indi- 
viduals described  in  the  foregoing  certificate,  and  they  severally  before  me 
signed  the  said  certificate,  and  acknowledged  that  they  signed  the  same  for 
the  purposes  therein  mentioned.  [Signature  and  title  of  officer.] 


MAEEIAGE  AKD  MARRIAGE  SETTLEMENTS.  537 

General  Principles. 


CHAPTEE  LIX. 

MARRIAGE  AND  MARRIAGE  SETTLEMENTS. 

Ma/rriage,  in  the  eye  of  the  law,  is  simply  a  civil  contract,  differing  from 
other  contracts  only  in  this,  that  it  cannot  be  rescinded  at  the  will  of  the  pur- 
ties.  Formal  solemnization  by  a  clergyman  or  magistrate  is  not  essential.  An 
agreement  by  the  parties,  made  in  words  relating  to  the  present  (as  distin- 
guished from  a  contract  to  marry  in  the  future)  has  been  declared  by  high 
authority  to  constitute  a  valid  and  complete  marriage  without  either  consum- 
mation or  oflScial  solemnization. (a) 

In  some  of  the  States,  however,  the  statutes  require  notice  of  intended  mar- 
riages to  be  given,  and  licenses  to  be  taken  out ;  the  details  of  the  regulations 
adopted  in  this  regard  varying  very  much  in  different  States. 

By  the  common  law,  infants  may  marry — in  the  case  of  males,  at  the  age  of 
fourteen,  and  females  at  twelve — and  the  consent  of  parents  is  not  necessary 
to  the  validity  of  the  marriage.(6; 

Solemnization. — For  the  more  convenient  preservation  of  evidence  of  mar- 
riage, the  statutes(c)  provide,  that  for  the  purpose  of  being  registered  and 
authenticated,  marriages  must  be  solemnized  only  by  the  tbllowing  persons  : 
1.  Ministers  of  the  gospel  and  priests  of  every  denomination.  2.  Mayors,  re- 
corders and  aldermen  of  cities ;  and,  3.  Judges  of  the  County  Courts  and  jus- 
tices of  the  peace.  Wlien  solemnized  by  a  minister  or  priest,  the  ceremony  is 
to  be  according  to  the  forms  and  customs  of  tlie  church  or  society  to  which  he 
belongs.  When  solemnized  by  a  magistrate,  no  particular  form  is  necessary 
except  that  the  parties  shall  solemnly  declare,  in  the  presence  of  the  magistrate 
and  the  attending  witness,  that  they  take  each  other  as  husband  and  wife.  In 
either  case,  there  must  be  at  least  one  witness  present  at  the  ceremony. 

He  by  whom  the  marriage  is  solemnized  must  furnish,  on  request,  to  either 
party,  a  certificate  signed  by  him,  specifying :  1 .  The  names  and  residences 
of  the  parties,  and  Ihat  they  were  known  to  him,  or  were  satisfactorily  proved 
by  the  oath  of  a  person  known  to  him,  to  be  the  persons  described  in  such  cer- 
tificate, and  that  he  had  ascertained  that  they  were  of  sufficient  age  to  contract 
marriage.  2.  The  name  and  residence  of  the  attesting  witness  or  witnessess. 
3.  The  time  and  place  of  the  marriage.  The  certificate  shall  also  state  that, 
after  due  inquiry  made,  there  appeared  no  lawful  impediment  to  such  marriage. 

Such  certificate  (which,  if  signed  by  a  minister,  must  be  acknowledged  be- 
fore a  magistrate)  may  be  filed  with  the  clerk  of  the  city  or  town  of  the  mar- 
riage, and  entered  by  him ;  and  the  original  certificate,  and  the  entry  thereof, 
and  a  copy  of  either,  are  presumptive  evidence  of  the  fact  of  the  marriage. 

As  to  contracts  between  husband  and  wife,  and  articles  of  separation,  see  the 
chapter  on  Husband  axd  Wife. 

(a)  Feuton  v.  Reed,  4  Johns.,  52 ;  Starr  This  rule  is  in  force  in  the  State  of  New 

V.  Peck,  1  Hill,  110;  Clayton  v.  Wardell,  York,  except  that  by  the  Laws  of  1841, 

4  iV;  y.  (4  Comet.),  230  ;  Caujolle  v.  Ferrie,  chap.  237,  a  marriage  against  the  consent 

26  Barb.,  177  ;  Cheney  v.  Arnold,  15  K  Y.  of  tlie  parent  of  the  female  may  be  ad- 

(1    Smith),    345  ;    Jackson  v.  Winne,  7  judged  void,  if  the  female  was,  at  the  time 

Wend.,  47.     See,  however,   to  the  con-  of  the  marriage,  under  the  ago  of  four- 

trary,  Jaques  v.  Public  Administrator,  1  teen.     Bennett  v.  Smith,  21  Barb.,  439. 
ifra<f/.,  499.  (c)  2  £ev.   Stat,  of  N.  Y.,   139,   §§8, 

ib)  1  Bl.  Com.,  848  ;  2  Kenfs  Com.,  78.  19. 


538  ABBOTTS'  FORMS. 


License.  Solemnization.  Certificate. 

PAGB 

1059.  Marriage  license 538 

1060.  Short  form  of  solemnization  for  magistrates 538 

1061.  Marriage  certificate 538 

1062.  Ante-nuptial  settlement •. 589 


1059.  Marriage  License. 
State  of  ,   ) 

County  of  .   f     ' 

License  is  hereby  granted  to  any  person  authorized  to  solemnize  mar- 
riages according  to  the  laws  of  said  State,  to  join  in  marriage  A.  B.  and 
0.  D.,  of  the  county  aforesaid ;  and  the  person  joining  them  in  marriage 
is  also  required  to  make  due  return  of  the  certificate  annexed,  to  , 

within  days,  of  the  names  of  the  parties,  time  and  place  of  marriage 

and  by  whom  solemnized. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  ofiBcial  seal,  at 
,  in  said  county,  this         day  of  ,  a.  d,  18    . 

[Seal.'\  [Signature  and  title.} 


1060.  STiort  Form  of  Solemnisation  of  Marriage,  for  Magistrates. 

The  magistrate  may  direct  tJie  parties  to  join  their  right  hands,  and  will 
then  say  :  "By  this  act  you  do  take  each  other  for  husband  and  wife,  and 
solemnly  promise  and  engage,  in  the  presence  of  this  witness  [or,  these 
witnesses],  to  love,  honor,  comfort  and  cherish  each  other,  as  such,  so  long 
as  you  both  shall  live :  Therefore,  in  accordance  with  the  laws  of  the  State 
of  ,  I  do  hereby  pronounce  you  husband  and  wife." 


1061.  Marriage  Certificate. 

This  certifies,  that,  on  the  day  of  ,  in  the  year  of  our  Lord 

one  thousand  eight  ^imdred  and  sixty        ,  A.  B.,  of  ,  in  the  State  ot 

,  and  0.  D.,  of  ,  in  the  State  of  ,  were  by  me  united  in 

marriage,  at  [naming  the  town  or  city],  in  the  county  of  ,  ac- 

cording to  the  laws  of  the  State  of  ,  and  in  presence  of  the  witness 

[or,  witnesses]  below  named.  And  I  do  further  certify,  that  the  said  A.  B. 
and  C.  D.  are  known  to  me  [or,  were  satisfactorily  proved,  by  the  oath  ot 
O.  P.,  known  to  me],  to  be  the  persons  described  in  this  certificate ;  that  I 
ascertained,  previous  to  the  solemnization  of  the  said  marriage,  tliat  the 
said  parties  were  of  suflBcient  age  to  contract  the  same ;  and  that,  after  due 
inquiry  by  me  made,  there  appeared  no  lawful  impediment  to  such  marriage. 

[Signatures  of  witnesses.']  [Signature  and  title.] 

[If  certified  by  minister,  add  acTcnowledgment  or  proof,  as  in  Form  on 
p.  55,  59  or  60.] 


MAEEIAGE  AND  MAERIAGE  SETTLEMENTS.  539 

Settlement  Before  Marriage. 


1062.  Ante-nuptial  Settlement  of  Heal  Estate  of  Intended  Wife^  Reserving 

General  Power  of  Disposition,  the  Legal  Estate  Being  Vested  in  the 

Trustee.{d) 

This  htdentube,  made  the        day  of  j  18    ,  between  A.  B.  [tlie 

intended  husband],  of  ,  of  the  first  part,  0.  D.  {the  intended  wife], 

of  ,  of  the  second  part,  and  Y.  Z.  [the  trustee],  of  ,  of  the 

third  part,  witnesskth  :  That,  whereas  a  marriage  is  intended  to  be  had 
between  the  said  parties  of  the  first  and  second  parts ;  and  the  said  party  of 
the  second  part  is  seized  and  possessed  of  a  large  estate  situate  in  , 

and  it  is  agreed  by  and  between  them  and  the  party  of  the  third  pait,  that 
the  said  estate  should  be  settled  upon  the  trusts  and  for  the  purposes  herein- 
after declared: 

Now,  THEREFORE,  in  Consideration  of  the  said  intended  marriage,  and  of 
the  sum  of  one  dollar  to  the  said  party  of  the  second  part,  by  the  said  party 
of  the  third  part  paid,  the  receipt  whereof  is  hereby  confessed  and  acknow- 
ledged, the  said  party  of  the  second  part  hath  granted,  bargained  and  sold, 
and  by  these  presents  doth  grant,  bargain  and  sell  unto  the  said  party  of  the 
third  part,  his  successors  and  assigns,  all  that  \here  describe  the  property] :  To 
HATE  AND  TO  HOLD  the  Said  tenements  and  hereditaments,  with  their  appur- 
tenances, unto  the  said  party  of  the  third  part,  his  successors  and  assigns, 
+o  such  uses  and  purposes  as  are  hereinafter  mentioned — to  wit :  For  the 
use  and  benefit  of  the  said  party  of  the  second  part,  until  her  said  intended 
marriage  shall  take  place,  and  from  and  after  the  solemnization  thereof, 
then  upon  trust  from  time  to  time  to  apply  to  the  use  of  the  said  party  of 
the  second  part,  all  the  interest,  dividends  and  annual  produce  thereof, 
during  the  joint  lives  of  the  said  parties  of  the  first  and  second  parts,  to  her 
own  proper  use  and  benefit,  and  upon  her  own  proper  receipt  for  the  same, 
notwithstanding  her  coverture,  to  the  intent  that  the  same  may  not  be  at 
the  disposal  or  under  the  control  of  the  said  party  of  the  first  part,  or  in 
any  manner  subject  to  his  debts  and  engagements ;  and  from  and  imme- 
diately after  the  decease  of  the  said  party  of  the  first  part,  in  case  the  said 
party  of  the  second  part  shall  survive  him,  then  upon  trust  for  the  use  and 
benefit  of  the  said  party  of  the  second  part,  her  executors,  administrators 
and  assigns ;  and  upon  trust  in  such  case  to  grant  and  convey  the  trust 
estate,  and  every  part  thereof,  to  the  said  party  of  the  second  part  abso- 
lutely, or  to  grant  and  convey  the  same  to  such  person  or  persons  as  she, 
by  any  writing  to  be  by  her  duly  executed,  may  limit,  direct  and  appoint. 
But  in  case  the  said  party  of  the  first  part  shall  survive  the  said  party  of 
the  second  part,  then  upon  trust  from  and  immediately  after  her  decease,  to 
apply  to  the  use  of  the  said  party  of  the  first  part,  all  the  interest,  divi- 
dends and  annual  produce  thereof,  from  time  to  time,  during  his  natural 
life,  to  and  for  his  own  use  and  benefit;  and  on  the  decease  of  the 
said  party  of  the  first  part,  to  pay  and  divide  the  capital  or  principal 
of  the  said  trust-fund,  and  to  grant  and  convey  all  her  real  estate  to  and 

(</)  This  form,  which  we  take  from  WiUard  on  BeaL  Estate,  etc.,  627,  is  sustained 
by  Wright  v.  TaUmage,  \o  K  ¥.,  307. 


540  ABBOTTS'  FORMS. 


Mechanics'  Lien. 


among  the  lawful  children  of  the  said  party  of  the  second  part,  and  their 
issue,  in  such  proportions,  shares,  manner  and  form  as  she,  hy  any  writing, 
under  her  hand  subscribed  in  the  presence  of  two  or  more  witnesses,  shall 
direct  and  appoint;  and  for  want  of 'such  appointment,  to  and  among  the 
said  children  of  the  said  party  of  the  second  part,  and  the  lawful  issue  of 
such  of  them  as  may  be  deceased,  according  the  rules  of  descent  and  of  dis- 
tribution in  cases  of  intestacy.  But  if  there  be  no  issue  of  the  said  party  of 
the  second  part  then  surviving,  then,  upon  trust,  to  pay  and  dispose  of  the 
said  capital  or  principal,  and  grant  and  convey  the  said  real  estate  accord- 
ing to  the  direction  and  appointment  of  the  said  party  of  the  second  part, 
and  for  want  of  such  appointment,  to  and  among  her  then  surviving 
nephews  and  nieces,  children  of  her  sisters  and  the  lawful  issue  of  such  of 
them  as  may  be  deceased,  according  to  the  like  rule  of  descent  and  distri- 
bution. 

[Power  to  sell  and  reinvest,  if  added,  may  be  as  follows :]  And  the  said 
party  of  the  second  part  doth  hereby  grant  and  agree  that  the  said  party 
of  the  third  part,  upon  the  written  request  of  her,  the  said  party  of  the 
second  part,  may  grant  and  convey  the  whole  or  any  designated  portion  of 
the  said  estate  upon  such  terms  as  she  shall  direct,  and  receive  the  con- 
sideration money  therefor,  and  invest  the  same  for  the  like  uses  and  pur- 
poses hereinbefore  declared,  with  respect  to  the  original  trust. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  inter- 
changeably set  their  hands  and  seals,  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered  )  [SigTiatures  and  seals.] 


in  the  presence  of 
[Signature  of  witness.'] 


CHAPTER  LX. 

MECHANICS'    LIEN". 

By  the  statutes  of  New  York,  a  proceeding  is  afforded  in  many  of  the  coxm 
ties  of  the  State,  whereby  mechanics  and  material  men  may  secure  a  lien  for 
their  services,  etc.,  upon  the  land  and  buUdings  for  which  the  same  are  fur 
nished.  The  proceedings  vary  in  different  counties.  The  following  notice  is 
the  form  in  use  under  the  act  of  1863  (p.  859,  ch.  583),  which  relates  to  the 
city  of  New  York. 

1063.  Notice  of  lien 541 

1064.  Verification 541 


MIN"ING  AND  OIL  COMPANIES.  541 

Notice  of  Lien.  Formation  of  Company. 

1063.  Notice  Under  Mechanic^  Lien  Lam. 
To  ,  Esquire,  clerk  of  the  city  and  county  of  New  York : 

Sib — Please  to  take  notice,  that  I,  A.  B.,  residing  at  No.  ,  in 

street,  in  ,  have  a  claim  against  Y.  Z.,  of  ,  owner  [or,  contractor] 

amounting  to  the  sum  of  dollars,  due  to  ,  \or  if  not  due^  state 

when  it  will  'become  due],  and  that  the  claim  is  made  for  and  on  account  of 
[here  state  the  ground  of  claim]  furnislied  and  done  before  the  whole  work 
on  said  building  was  completed,  and  which  work  and  materials  were  done 
and  furnished  within  three  months  of  the  date  of  this  notice ;  and  that 
such  work  and  materials  were  done  and  furnished  in  pursuance  of  a  con- 
tract for  ,  between  and  ,  which  building  is  owned  by 
,  and  is  situated  in  the  "Ward  of  the  city  of  New  York,  on  the 
side  of  street,  and  is  known  as  No.  .  The  following  is  a 
diagram  of  said  premises  [here  insert  diagram].  And  that  I  have  and 
claim  a  lien  upon  said  house  or  building,  and  the  appurtenances  and  lot  on 
which  the  same  shall  stand,  pursuant  to  the  provisions  of  an  act  of  the 
Legislature  of  the  State  of  New  York,  entitled  "  An  Act  to  secure  the  pay- 
ment of  mechanics,  laborers  and  persons  furnishing  materials  towards  the 
erection,  altering  or  repairing  of  buildings  in  the  city  of  New  York,"  passed 
May  5,  1863,  and  of  the  acts  amending  the  same.  [Signature.] 

[Bate.] 

1064.   Verification. 
City  and  County  of  New  Yoek,  ss. 

A.  B.  being  duly  sworn,  says,  that  he  is  the  claimant  mentioned  in  the 
foregoing  notice  of  lien ;  that  he  has  read  the  said  notice,  and  knows  the 
contents  thereof;  and  that  the  same  is  true  to  his  own  knowledge,  except 
as  to  the  matters  therein  stated  on  information  and  belief,  and  as  to  those 
matters  he  believes  it  to  be  true.  [Signature.] 

SwoEN  [etc.,  as  in  Form  858], 


CHAPTEK  LXI. 

MINING  AND  OIL  COMPANIES. 

1  HE  statutes  of  several  of  the  States  authorize  associations  of  persons  for 
carrying  on  manufacturing,  mechanical,  mining  and  other  businesses,  to  become 
incorporated  for  the  purpose,  by  making  and  filing  a  certificate  in  a  manner 
prescribed. 

The  follovdng  forms  are  drawn  for  Mining  Companies  and  Oil  Companies 
under  the  Law  of  Pennsylvania.  They  may  easily  be  adapted  to  the  case  of 
any  other  business  authorized  by  the  statute.  They  will  serve  as  a  sufficient 
guide  in  drawing  certificates  of  association  under  the  laws  of  any  other  State, 
taking  care  to  insert  whatever  other  particulars  the  laws  in  question  require 


542  ABBOTTS'  FORMS. 


Certificate  of  Association  of  Mining  Company. 


PAGX 

1065.  Certificate  of  association  of  mining  corporation,  ander  the  general  statute 

of  Pennsylvania  of  1854 542 

1066.  Acknowledgment  of  the  same 543 

1067.  Certificate  of  attorney-general 548 

1068.  Certificate  of  association  of  an  oil  company,  formed  under  the  statute  of  1 863  543 

1069.  Certificate  of  business  and  of  capital  paid  in,  to  be  filed  before  commencing 

operations 544 

1065.   Certijicate  of  Association  of  Mining  Corporation  Tinder  the  General 

Statute  of  Pennsylvania  of  1854.(a) 
To  all  to  whom  it  may  concern : 

We,  the  undersigned  [here  insert  names]  citizens  of  the  United  States  of 
America,  joint  owners  and  tenants  in  common  of  the  mineral  lands  in  Penn- 
sylvania hereinafter  described,  desiring  to  form  a  company  under  the  pro- 
visions of  an  act  of  the  General  Assembly  of  the  State  of  Pennsylvania,  en- 
titled "An  Act  to  enable  joint  tenants,  tenants  in  common  and  adjoining 
owners  of  mineral  lands  in  this  Commonwealth  to  manage  and  develop  the 
same,"  passed  on  the  21st  April,  1854,  and  the  various  supplements  there- 
to, for  the  purpose  of  [here  state  the  object — e.  g.,  thus  :]  developing  and  im- 
proving the  said  mineral  lands,  and  of  engaging  in  and  carrying  on  the 
mining  and  preparing  for  market,  coal,  fire-clay  and  other  minerals  found 
on  or  in  the  said  lands,  manufacturing  the  products  of  the  same,  and  selling 
or  conveying  the  same,  and  the  products  thereof,  to  market,  in  compliance 
with  the  provisions  thereof: 

Do  OKKTiFT  as  follows : 

First.  The  corporate  name  of  the  said  company  shall  be  [stating  name  oj 
i<],  and  the  term  of  its  existence  years  [iiot  exceeding  twenty]. 

Second.  The  objects  for  which  the  company  is  formed  are  the  developing 
and  improving  the  mineral  lands  hereinafter  particularly  described,  and 
mining  of  and  preparing  for  market  coal,  fire-clay  and  other  minerals  found 
on  or  in  the  said  lands,  manufacturing  the  products  of  the  same,  and  the 
selling  or  conveying  the  same,  and  the  products  thereof,  to  market. 

Third.  Tlje  lands  owned  by  us  consist  of  tracts,  and  are  located  in 

the  counties  of  and  ,  in  the  State  of  Pennsylvania,  and  contain 

together  acres,  or  thereabouts,  and  the  same  are  described  as  follows 

[here  insert  a  full  description^  as  in  a  deed]. 

Fourth.  The  said  lands  have  been  divided  into  shares,  and  the  par 

value  or  amount  of  each  share  is  dollars. 

Fifth.  The  residences  of  the  owners  and  the  number  of  shares  owned  by 
each  of  us  is  as  follows — viz. : 


NAMES. 

EESIDENOES. 

NO.  OF  SHAKES. 

* 

(a)  This  and  the  following  Pennsylva-    edition  of  the  Mining  Laws  ot  Pennsyl- 
nia  formb  are  firom  Nettleton's  pamphlet    vania. 


MINING  AND  OIL  COMPANIES.  548 

Certificates  of  Formation. 

SixtTi.  The  chief  operations  of  the  company  are  to  be  carried  on  in 
Connty  aforesaid. 

Seventh.  The  number  of  directors  shall  be  ,  and  the  said  [here  insert 

names]  shall  be  directors,  who  shall  manage  the  affairs  of  the  company  until 
the  next  annual  election. 

In  TKSTiMOinr  whekkof,  we  have  hereunto  set  our  hands  and  seals,  this 
day  of  ,  A,  D.  18    .  [Signatures  and  seaU.Q))] 


1066.  Aclcnowledgment  of  the  Foregoing. 
State  of  ,  ] 

County  of  . )     ' 

Be  it  remembeeed,  that  on  this        day  of  ,  A.  d.  eighteen  hundred 

and  ,  before  me,  M.  N.,  one  of  the  justices  of  the  peace  in  and  for  said 

county  [o?-,  a  commissioner  of  the  State  of  Pennsylvania,  duly  appointed 
and  qualified  according  to  the  laws  thereof,  to  take  acknowledgments,  etc., 
to  be  used  and  recorded  therein],  personally  appeared  the  foregoing  named 
\nam.es  of  the  signers],  who  in  due  form  of  law  severally  acknowledged  the 
foregoing  certificate  to  be  their  act  and  deed,  and  desired  that  the  same 
might  be  recorded  as  such. 

In  witness  whereof,  I  have  hereunto  set  my  hand  [and  affixed  my  oflBcial 
seal]  the  day  and  year  first  above  written,  [Signature  and  title.] 

[Seal,  if  any.] 

1067.  Certificate  h/  Attorney- General. 

State  of  Pennsylvania,  Office  of  the  Attorney-General. 

I,  M.  M.,  attorney-general  of  the  State  of  Pennsylvania,  certify  that  the 
above  certificate  has  been  submitted  to  and  examined  by  me,  and  is  properly 
drawn  and  signed,  and  that  the  same  is  in  conformity  with  the  constitution 
and  laws  of  this  commonwealth. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  this        day  of  , 

a,  d.  18    .  [Signature  and  title.] 

1068,  Certificate  of  Association  of  an  Oil  Company,  Formed  Under  the 
Statute  of  1863. 

To  ALL  WHOM  IT  MAY  CONCERN :  We,  the  Undersigned  [inserting  names], 
citizens  of  the  United  States  of  America,  desiring  to  form  a  corporation 
under  the  provisions  of  an  act  of  the  General  Assembly  of  the  State  of 
Pennsylvania,  entitled  "An  Act  relating  to  corporations  for  mechanical, 
manufacturing,  mining  and  quarrying  purposes,"  passed  on  the  eighteenth 
day  of  July,  a.  d.  eighteen  hundred  and  sixty-three,  and  the  various  sup- 
plements thereto,  have  associated  ourselves  together,  and  do  hereby  associate 
ourselves  together,  under  the  provisions  of  the  said  acts  and  the  supplements 
thereto,  in  the  manner  following : 

(b)  A  scroll  is  a  sufficient  seal  for  Pennsylvania. 


544  ABBOTTS'  FORMS. 


Certificates  of  Oil  Companies. 


First.  The  corporate  name  of  the  said  corporation  or  company  shall  be 
[stating  the  name]. 

Second.  The  purposes  for  which  the  said  corporation  is  established  are 
[here  state  the  object — e.  g.^  thus ;]  the  carrying  on  the  mining,  boring  and 
digging  for,  or  otherwise  obtaining  from  the  earth,  petroleum,  rock  or  car- 
bon oils,  coal,  salt  and  other  minerals;  manufacturing  and  vending  the 
same  in  the  crude  and  refined  state;  and  the  manufacturing,  forwarding 
and  vending  lumber  and  barrels,  in  compliance  with  the  provisions  of  the 
said  act  and  the  supplements  thereto. 

Third.  The  place  within  which  said  corporation  is  established  is  the 
township  of  ,  in  the  county  of  ,  in  the  State  of  Pennsylvania. 

Fourth.  The  amount  of  the  capital  stock  of  the  said  corporation  shall 
be,  and  is  dollars,  which  shall  be  divided  into  shares  of  the  par 

value  of  dollars  each. 

In  testimony  whebeof,  we  have  hereunto  set  our  hands  and  seals, 
the        day  of  ,  a.  d.  eighteen  hundred  and 

[Signatures  and  seaU.Yfi) 

[Add  achfiowUdgment  as  in  Form  1066.] 

1069.   Certificate  of  Business  and  of  Capital  Paid  In^  to  ie  Filed  Before 
Commencing  Operations.^d) 

Ceetifioate  of  the  Company  of 

To  whom  it  may  concern:  Be  it  known  that  the  undersigned,  the  presi- 
dent, treasurer  and  directors  of  the  Company  of  ,  a  corporation 
organized  under  the  provisions  of  an  act  of  the  General  Assembly  of  the 
State  of  Pennsylvania,  entitled  "  An  Act  relating  to  corporations  for 
mechanical,  manufacturing,  raining  and  quarrying  purposes,"  passed  on  the 
eighteenth  day  of  July,  a.  d.  1863,  and  the  various  supplements  thereto,  do 
hereby,  in  compliance  witli  the  provisions  of  the  said  act  and  of  the  various 
supplements  thereto,  certify  in  manner  following: 

First.  The  corporate  name  of  the  said  company  is 

Second.  The  purposes  of  the  said  corporation  or  association  are  [here 
state  them  as  in  the  articles — e.  g.,  thus :]  the  carrying  on  the  mining,  boring 
and  digging  for,  or  otherwise  obtaining  from  the  earth,  petroleum,  rock  or 
carbon  oils,  coal,  salt  and  other  minerals ;  manufacturing  and  vending  the 
same  in  the  crude  and  refined  state;  and  the  manufacturing,  forwarding  and 
vending  lumber  and  barrels,  in  compliance  with  the  provisions  of  the  said  act 
and  the  supplements  thereto. 

Third.  The  principal  oflBco  of  business  of  the  said  corporation  or  as- 
sociation is  in  the  city  of  ,  in  the  State  of  ;  the  lands  belonging 
to  the  said  corporation  are  situated  in  the  township  of  ,  in  the  county 
of  ,  in  the  State  of  Pennsylvania,  and  the  mining  and  other  aforesaid 
operations  of  the  said  corporation  are  to  be  conducted  and  carried  on  in 
the  township  of 

(c)  A  scroll  Is  a  suflBicient  seal  for  Peim-  (d)  Required  by  the  act  of  July  18, 1863, 
sylvauia.  §  31.    It  must  be  sworn  to. 


MOETGAGES.  545 


General  Principlen. 


Fourth.  The  amount  of  the  capital  stock  of  the  said  corporation  or 
association  is  dollars,  and  the  amount  of  such  capital  stock  already 

paid  in  is  dollars. 

Fifih.  The  number  of  shares  of  capital  stock  in  the  said  corporation  or 
association  is  ,  and  the  par  value  of  each  one  of  the  shares  in  the  said 

corporation  is  dollars. 

Sixtli.  The  officers  of  the  said  corporation,  duly  chosen  under  the  said 
act  and  the  supplements  thereto,  are  the  following — viz.,  A.  B.,  president; 
0.  D.,  E.  F.,  G.  H.,  directors ;  and  J.  K.,  clerk,  secretary  and  treasurer. 

In  testimony  whereof,  "we,  the  undersigned,  the  president,  treasurer  and 
directors  aforesaid  of  said  corporation  or  association,  have  hereto  set  our 
respective  hands,  this        day  of  ,  a.  d.  18     . 

[Signatures  and  titles^ 


CHAPTER  LXII. 

MOETGAGES. 


A  mortgage  is  the  conveyance  of  an  estate  by  way  of  pledge  for  the  security 
of  debt,  and  to  become  void  on  payment  of  it.  According  to  the  old  view,  the 
legal  ownership  was  vested  in  the  creditor ;  but  in  equity,  and  the  courts  of 
law  adopt  the  same  rule  now,  the  mortgagor  remains  the  actual  owner,  until 
he  is  debarred  by  liis  own  default  or  by  judicial  decree. 

In  this  chapter,  mortgages  of  real  property  only  are  treated  ;  those  relating 
to  personal  property,  being  subject  to  somewhat  different  rules,  are  treated 
under  Chattel  Mortgages. 

The  usual  form  of  a  mortgage  is  a  deed,  with  terms  purporting  to  convey 
the  land  absolutely,  followed  by  other  terms  expressing  that  it  is  to  be  void  if 
the  grantor  pays  a  certain  sum.     This  condition  is  called  the  defeasance. 

A  power  of  sale,  in  case  of  default,  is  usually  inserted,  which  enables  the 
mortgagee  to  enforce  payment.  The  manner  of  foreclosure  of  the  mortgage 
may  be  either  by  an  action,  or  by  advertisement  according  to  the  statute,  as  is 
stated  in  the  chapter  of  Foreclosure. 

A  mortgage  may  be  made  either  with  or  without  a  personal  promise  to  pay 
the  debt.  If  no  such  promise  is  expressed,  the  mortgage  does  not  render  the 
mortgagor  liable  for  the  sum  secured,  but  only  gives  a  lien  on  the  property. 
It  is  usual  not  only  to  insert  a  covenant  in  the  mortgage  to  pay  the  debt,  but 
to  give  a  bond  or  note  for  it,  and  to  recite  the  fact  in  the  mortgage,  and  state 
that  the  mortgage  is  given  as  collateral  to  the  personal  security. 

A  mortgage  may  be  made  to  secure  a  contingent  liability  or  future  advances 
but  in  such  case  it  oiight  to  be  so  expressed. 

A  mortgage  on  which  the  principal  or  interest  is  payable  in  instalments,  may 
contain  a  provision  that  in  case  of  any  default  the  mortgagee  may  elect  to  re- 
quire payment  of  the  whole  interest  and  principal  at  once.  This  provision  is 
usually  termed  an  interest  clause. 

Where  a  considerable  part  of  the  value  of  the  mortgaged  premises  consists 
in  buildings,  it  is  usual  to  provide  that  the  mortgagor  shall  keep  them  insured 
in  a  specified  sum  and  assign  the  policy  to  the  mortgagee.  This  is  called  the 
insurance  clause. 

35 


646  ABBOTTS'  FORMS. 


Mortcrayes  of  Real  Property. 

It  is  not  nccossarr  for  the  wife  of  a  mortgagor  to  join  in  executing  the  mort- 
gage, if  it  bo  given  iit  the  same  time  that  tlie  jiroperty  is  conveyed  to  him,  and 
ror  the  purpose  of  securing  purchase-money.  In  these  c«s(>s  it  is  usual  to  state 
the  fact  in  the  mortgage,  by  a  clause  inserted  at  the  end  of  the  description  of 
the  premises. 

Mortgages  by  peculiar  parties,  corporations,  executors,  etc.,  should  be  modi- 
Bed  slightly,  according  to  the  forms  given  for  deeds  by  such  parties. 

Mortgages  should  be  ackno\vk»dged  or  proved  as  deeds  are,  for  the  forms  of 
which  see  the  chapter  of  AcKNOWLEDGMiiNT. 

PASS 

1070.  Short  form 546 

1071.  AuotluT  form  to  secure  note 547 

1072.  Mortpigo,  with  interest  and  insurance  clause 647 

1078.  Mortpige  on  luase 549 

1074.  Mortgage  on  building  lease  to  secure  advances 551 

1075.  Mortgage  to  secure  purcha.se-money 554 

1076.  Mortgage  to  secure  indorsor 554 

1077.  Mortgage  to  secure  an  unliquidated  demand 554 

1078.  Mortgage  in  exercise  of  a  power  of  appointment. 655 

1079.  Stipulation  in  a  mortgage  given  to  trustees,  that  it  shall  be  deemed  purely 

collateral 555 

1080.  Stipulation  as  to  paying  off  in  advance 556 

1070.  Short  Form. 

This  indenture,  made  the        day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county  of 

,  and  State  of  ,  mercliant,  of  the  first  part,  and  Y.  Z.,  of 

,  in  the  said  connty,  farmer,  of  the  second  part,  wiinksseth  :  That 
the  said  party  of  the  first  part,  for  and  in  consideration  of  the  sum  of 
dollars,  grants,  bargains,  sells  and  confirms  unto  the  said  party  of  the  second 
part,  and  to  liis  heirs  and  assigns,  all  [here  insert  description  ;  see  Forms 
7*22-739] ;  together  witli  all  and  singular  the  hereditaments  and  appurte- 
nances thereunto  belonging  or  in  any  wise  appertaining.*  Tnis  conveyance 
is  intended  as  a  mortgage,  to  secure  the  payment  of  the  sum  of  "  dol- 
lars, in  [here  state  terms  of  payment,  as  in  Forms  870-374],  according  to 
the  condition  of  a  certain  bond,  dated  this  day,  and  executed  by  the  said 
party  of  the  firtt  part  to  the  said  party  of  the  second  part;  and  these  pres- 
ents shall  be  void  if  such  payment  be  made.  But  in  case  default  shall  be 
made  in  the  payment  of  the  principal  or  interest,  as  above  provided,  then 
the  party  of  the  second  part,  his  executors,  administrators  and  assigns,  are 
hereby  empowered  to  sell  the  premises  above  described,  with  all  and  every 
of  the  api>urtenances,  or  any  part  thereof,  in  the  manner  prescribed  by 
law ;  and  out  of  the  money  arising  from  such  sale,  to  retain  the  said  prin- 
cipal and  interest,  together  with  the  costs  and  charges  of  making  such  sale; 
and  the  overplus,  if  any  there  be,  shall  be  paid  by  the  party  making  such 
sale,  on  demand,  to  the  party  of  the  first  part,  his  heirs  or  assigns. 

In  witness  whereof,  the  said  party  [or,  parties]  of  the  first  part  has  [or, 
have]  hereunto  set  his  hand  and  seal  [or,  their  bands  and  seals],  the  day 
and  year  first  above  written.  [Sigtuiture  and  seal.] 

Signed,  sealed  and  delivered) 
in  the  presence  of         j 
[Signature  oytoitness.] 


M0ETGAGE8.  647 


Common  Forms. 


1071.  Another  Form ;  To  Secure  Note.{a) 
To  all  People  to  whom  these  presents  shall  come,  greeting : 

Know  ye,  that  I,  A.  B.,  of  ,  for  the  consideration  of  dol- 

lars, received  to  my  full  satisfaction,  of  Y.  Z.,  do  give,  grant,  bargain,  sell 
and  confirm  unto  the  said  Y.  Z.  [here  insert  description  of  premises] :  To 
HAVE  AND  TO  HOLD  the  abovc-grantcd  and  bargained  premises,  with  the 
appurtenances  thereof,  unto  the  said  grantee,  his  heirs  and  assigns,  forever, 
to  his  and  their  proper  use  and  behoof.  And  also,  I,  the  said  grantor,  do, 
for  myself,  my  heirs,  executors  and  administrators,  covenant  with  the  said 
grantee,  his  heirs  and  assigns,  that  at  and  until  the  ensealing  of  these  pres- 
ents, I  am  well  seized  of  the  premises  as  a  good  indefeasible  estate  in  fee- 
simple;  and  have  good  right  to  bargain  and  sell  the  same  in  manner  and 
form  as  above  written  ;  and  that  the  same  are  free  from  all  encumbrances 
whatsoever. 

And  FDETnEEMOHE,  I,  the  said  grantor,  do,  by  these  presents,  bind  myself 
and  my  heirs  forever,  to  warrant  and  defend  the  above-granted  and  bar- 
gained premises  to  him,  the  said  grantee,  and  his  heirs  and  assigns,  against 
all  claims  and  demands  whatsoever. 

In  WITNESS  WHEKEOF,  I  have  hereunto  set  ray  hand  and  seal,  this  day 
of  ,  A.  D.  18     . 

The  condition  of  this  deed  is  such,  that  whereas  the  said  grantor  is  justly 
indebted  to  the  said  grantee  in  the  sum  of  dollars,  as  evidenced  by 

his  promissory  note  for  said  sum,  of  even  date  herewith,  payable  to  the 
said  grantee  or  order  after  date,  with  interest :  Now,  thebefokk,  if 

said  note  shall  be  well  and  truly  paid,  according  to  its  tenor,  then  this  deed 
shall  be  void  ;  otherwise,  to  remain  in  foil  force  and  effect. 

Signed,  sealed  and  delivered  >  [Signature  and  Seal.} 

in  presence  of  j 

[Signatures  of  witnesses. '\ 


1072.  Mortgage  With  Interest  and  Insurance  Clause. 

This  indenture,  made  the        day  of  ,  in  the  year  one  thousand 

eight   hundred    and  ,  between  A.  B.,   of  the   city,   county  and 

State  of  ,  and  C.  B.,  his  wife,  parties  of  the  first  part,  and  Y.  Z.,  of 

the  same  place,  party  of  the  second  part:    Whereas,  the  said  A.  B.  is 
justly  indebted  to  the  said  party  of  the  second  part,  in  the  sum  of 
dollars,  lawful  money  of  the  United  States,  secured  to  be  paid  by  his  cer- 
tain bond  or  obligation,  bearing  even  date  with  these  presents,  in  the  penal 
sum  of  dollars,  lawful  money,  as  aforesaid,  conditioned  for  the  jjay- 

ment  of  the  said  first-mentioned  sum  of  dollars,  lawful  money,  as 

aforesaid,  to  the  said  party  of  the  second  part,  his  executors,  administrators 
or  assigns,  on  the         day  of  ,  which  will  be  in  the  year  one  thousand 

eigh*  hundred  and  ,  and  interest  thereon  to  be  computed  from 

(a)  This  is  the  form  in  use  in  Connecticnt. 


548  ABBOTTS'  FOEMS. 


Mortgage  with  Interest  and  Insurance  Clause. 


the  date  thereof,  at  and  after  the  rate  of  seven  per  cent,  per  annxim,  and  to 
be  paid  semi-annually — to  wit :  on  the        day  of  and  on  the        day 

of  in  each  and  every  year,  until  the  whole  of  the  said  principal  sum 

be  paid ;  and  it  is  thereby  expressly  agreed,  that  should  any  default  be 
made  in  the  payment  of  the  said  interest,  or  of  any  part  thereof,  on  any 
day  whereon  the  same  is  made  payable,  as  above  expressed;  and  should 
the  same  remain  unpaid  and  in  arrear  for  the  space  of  days,(J)  then, 

and  from  thenceforth — that  is  to  say,  after  the  lapse  of  the  said  days — 
the  aforesaid  principal  sum  of  dollars,  with  all  arrearage  of  interest 

thereon,  shall,  at  the  option  of  the  said  party  of  the  second  part,  his  execu- 
tors, administrators  or  assigns,  become  and  be  due  and  payable  immediately 
thereafter,  although  the  period  above  limited  for  the  payment  thereof  may 
not  then  have  expired,  any  thing  therein  before  contained  to  the  contrary 
thereof  in  any  wise  notwithstanding,  as  by  the  said  bond  or  obligation, 
and  the  condition  thereof,  reference  being  thereunto  had,  may  more  fully 
appear. 

Kow,  THIS  iNDENTtTRE  WITNESSETH,  that  the  Said  parties  of  the  first  part, 
for  the  better  securing  the  payment  of  the  said  sum  of  money  mentioned  in 
the  condition  of  the  said  bond  or  obligation,  with  interest  thereon,  accord- 
ing to  the  true  intent  and  meaning  thereof,  and  also  for  and  in  considera- 
tion of  the  sum  of  one  dollar,  to  them  in  hand  paid  by  the  said  party  of  tho 
second  part,  at  or  before  the  ensealing  and  delivery  of  these  presents,  the 
receipt  whereof  is  hereby  acknowledged,  have  granted,  bargained,  sold, 
aliened,  released,  conveyed  and  confirmed,  and  by  these  presents  do  grant, 
bargain,  sell,  alien,  release,  convey  and  confirm  unto  the  said  party  of  the 
sec:)nd  part,  and  to  his  heirs  and  assigns  forever,  all  [here  insert  description] : 
Together  with  all  and  singular  the  tenements,  hereditaments  and  appur- 
tenances thereunto  belonging  or  in  any  wise  appertaining,  and  the  reversion 
and  reversions,  remainder  and  remainders,  rents,  issues  and  profits  thereof; 
and  also  all  the  estate,  right,  title,  interest,  dower,  right  of  dower,  property, 
possession,  claim  and  demand  whatsoever,  as  well  in  law  as  in  equity,  of 
the  said  parties  of  the  first  part,  of,  in  and  to  the  same,  and  every 
part  and  parcel  thereof,  with  the  appurtenances :  To  have  and  to  uoi-d 
the  above-granted  and  described  premises,  with  the  appurtenances,  unto 
the  said  party  of  the  second  part,  his  heirs  and  assigns,  to  his  and  their  own 
proper  use,  benefit  and  behoof  forever ;  pkovided  always,  and  these  presents 
are  upon  this  express  condition,  that  if  the  said  parties  of  the  first  part, 
their  heirs,  executors  or  administrators,  shall  well  and  truly  pay  unto  the 
said  party  of  the  second  part,  his  executors,  administrators  or  assigns,  the 
said  sum  of  money  mentioned  in  the  condition  of  the  said  bond  or  obliga- 
tion, and  the  interest  thereon,  at  the  time  and  in  the  manner  mentioned  in 
the  said  condition,  according  to  the  true  intent  and  meaning  thereof,  that 
then  these  presents,  and  the  estate  hereby  granted,  shall  cease,  determine 
and  be  void.  And  the  said  A.  B.,  for  himself,  his  heirs,  executors  and  ad- 
ministrators, does  covenant  and  agree  to  pay  unto  the  said  party  of  the 
second  part,  his  executors,  administrators  or  assigns,  the  said  sum  of  money 


{b)  Usually  twenty  or  thirty  days. 


MORTGAGES.  549 


Mortgage  on  Lease. 


and  interest,  as  mentioned  above  and  expressed  in  the  condition  of  the  said 
bond.  And  if  default  shall  be  made  in  the  payment  of  the  sdd  sum  of 
money  above  mentioned,  or  the  interest  that  may  grow  due  thereon,  or  ot 
any  part  thereof,  that  then  and  from  thenceforth  it  shall  be  lawful  for  the 
said  party  of  the  second  part,  his  executors,  administrators  and  assigns,  to 
enter  into  and  upon  all  and  singular  the  premises  hereby  granted  or  intend- 
ed so  to  be,  and  to  sell  and  dispose  of  the  same,  and  all  benefit  and  equity 
of  redemption  of  the  said  parties  of  the  first  part,  their  heirs,  executors,  ad- 
ministrators or  assigns  therein,  at  public  auction,  according  to  the  act  in 
such  case  made  and  provided ;  and  as  the  attorney  of  the  said  parties  of 
the  first  part,  for  that  purpose  by  these  presents  duly  authorized,  consti- 
tuted and  appointed  to  make  and  deliver  to  the  purchaser  or  purchasers 
thereof,  a  good  and  sufficient  deed  or  deeds  of  conveyance  in  the  law  for 
the  same,  in  fee-simple,  and  out  of  the  money  arising  from  such  sale,  to  re- 
tain the  principal  and  interest  which  shall  then  be  due  on  the  said  bond  or 
obligation,  together  with  the  costs  and  charges  of  advertisement  and  sale  of 
the  said  premises,  rendering  the  overplus  of  the  purchase-money  (if  any 
there  shall  be)  unto  the  said  A.  B.,  party  of  the  first  part,  his  heirs,  execu- 
tors, administrators  or  assigns;  which  sale,  so  to  be  made,  shall  forever  be 
a  perpetual  bar,  both  in  law  and  equity,  against  the  said  parties  of  the  first 
part,  their  heirs  and  assigns,  and  all  other  persons  claiming  or  to  claim  the 
premises,  or  any  part  thereof,  by,  from  or  under  them,  or  either  of  them. 

And  it  ia  expressly  agreed  by  and  between  the  parties  to  these  presents, 
that  the  said  A.  B,,  party  of  the  first  part,  shall  and  will  keep  the  buildings 
erected  and  to  be  erected  upon  the  lands  above  conveyed,  insured  against 
loss  and  damage  by  fire,  in  at  least  the  sura  of  dollars  [or,  in  an  amount] 
and  by  insurers  approved  by  the  said  party  of  the  second  part,  and  as- 
sign the  policy  and  certificates  thereof  to  the  said  party  of  the  second  part; 
and  in  default  thereof,  it  shall  be  lawful  for  the  said  party  of  the  second 
part  to  eflfect  such  insurance,  and  the  premium  and  premiums  paid  for 
effecting  the  same  shall  be  a  lien  on  the  said  mortgaged  premises,  added  to 
the  amount  of  the  said  bond  or  obligation,  and  secured  by  these  presents, 
and  payable  on  demand,  with  interest,  at  the  rate  of  seven  per  cent,  per 


annum. 


In  witness  [etc.,  as  in  Form  1070]. 


• 


1073,  Mortgage  on  Lease. 

This  indentuee,  made  the         day  of  ,  in  the  year  one  thousand 

eight  hundred  and  ,  between  A.  B.,  of  ,  in  the  county  of  , 

and  State  of  ,  merchant,  of  the  first  part,  and  Y.  Z.,  of  ,  in  the 

said  county,  farmer,  of  the  second  part :  Wheekas,  M.  N.,  of  ,  did,  by 

a  certain  indenture  of  lease,  bearing  date  the        day  of  ,  in  the  year 

one  thousand  eight  hundred  and  ,  demise,  lease  and  to  farm  let  unto  the 
said  A.  B.,  and  to  his  executors,  administrators  and  assigns,  all  and  singular 
the  premises  hereinafter  mentioned  and  described,  together  with  their  ap- 
purtenances: To  HAVE  AND  TO  HOLD  the  Same  unto  the  said  A.  B.,  and  to 
his  executors,  administrators  and  assigns,  for  and  during  and  until  the  full 


550  ABBOTTS'  FORMS. 


Mortfragre  on  l^ease. 


end  and  term  of  years,  from  the  day  of  ,  and  fully  to  be 

complete  and  ended,  yielding  and  paying  therefor  unto  the  said  M.  N.,  and 
to  his  heirs,  executors,  administrators  or  assigns  [or,  if  the  lessor  be  a  corpo- 
ration, say,  to  their  successors  or  assigns],  the  yearly  rent  or  sum  of 
dollars  [here  set  forth  the  terms  of  the  lease,  or,  letter,  refer  to  the  instru- 
ment upo7i  record].  And  "whebkas  the  said  party  of  the  first  part  is  justly 
indebted  to  the  said  party  of  the  second  part,  in  the  sum  of  dollars, 

lawful  money  of  the  United  States  of  America,  secured  to  be  paid  by  his 
certain  bond  or  obligation  bearing  even  date  with  these  presents,  in  the 
penal  sum  of  dollars,  lawful  money  as  aforesaid,  conditioned  for  the 

payment  of  the  said  first-mentioned  sum  of  dollars,  as  by  the  said 

bond  or  obligation  and  the  condition  thereof,  reference  being  thereunto  had, 
may  more  fully  appear. 

Now,  THIS  INDENTURE  WITNESSETH,  that  the  Said  party  of  the  first  part,  for 
the  better  securing  the  payment  of  the  said  sum  of  money  mentioned  in 
the  condition  of  the  said  bond  or  obligation,  with  interest  thereon,  accord- 
ing to  the  true  intent  and  meaning  thereof,  and  also,  for  and  in  considera- 
tion of  the  sum  of  one  dollar,  to  him  in  hand  paid,  by  the  said  party  of  the 
second  part,  at  or  before  the  ensealing  and  delivery  of  these  presents,  the 
receipt  whereof  is  hereby  acknowledged,  has  granted,  bargained,  sold,  as- 
signed, transferred  and  set  over,  and  by  these  presents  does  grant,  bargain, 
sell,  assign,  transfer  and  set  over  unto  the  said  party  of  the  second  part,  all 
[here  insert  description  of  premises  as  in  lease].  ToGETHEEjpth  all  and 
singular  the  edifices,  buildings,  rights,  members,  privileges  and  appurte- 
nances thereunto  belonging  or  in  any  wise  appertaining.  And  also,  all  the 
estate,  right,  title,  interest,  term  of  years  yet  to  come  and  unexpired,  prop- 
erty, possession,  claim  and  demand  whatsoever,  as  well  in  law  as  in  equity, 
of  the  said  party  of  the  first  part,  of,  in  and  to  the  said  demised  premises, 
and  every  part  and  parcel  thereof,  with  the  appurtenances.  And  also,  the 
said  indenture  of  lease,  and  every  clause,  article  and  condition  therein  ex- 
pressed and  contained  :  To  have  and  to  hold  the  said  indenture  of  lease, 
and  other  hereby  granted  premfses,  unto  the  said  party  of  the  second  part, 
his  executors,  administrators  and  assigns,  to  his  and  their  only  proper  use, 
benefit  and^ behoof,  for  and  during  all  the  rest,  residue  and  remainder  of 
the  said  term  of  years  yet  to  come  and  unexpired;  subject,  nevertheless,  to 
the  rents,  covenants,  conditions  and  provisions  in  the  said  indenture  of 
lease  mentioned.  Peovided  always,  and  these  presents  are  upon  this  ex- 
press condition,  that  if  the  said  party  of  the  first  part  shall  well  and  truly 
pay  unto  the  said  party  of  the  second  part,  the  said  sum  of  money  men- 
tioned in  the  condition  of  the  said  bond  or  obligation,  and  the  interest 
thereon,  at  the  time  and  in  the  manner  mentioned  in  the  said  condition, 
according  to  the  true  intent  and  meaning  thereof,  that  then  and  from 
thenceforth  these  presents  and  the  estate  hereby  granted  shall  cease,  de- 
termine and  be  utterly  null  and  void,  any  thing  hereinbefore  contained  to 
the  contrary  in  any  wise  notwithstanding.  And  the  said  party  of  the  first 
part  does  hereby  covenant,  grant,  promise  and  agree  to  and  with  the  said 
party  of  the  second  part,  that  he  shall  well  and  truly  pay  unto  the  said 
party  of  the  second  pai't,  the  said  sum  of  money  mentioned  in  the  condi- 


MOETGAGES.  551 


Mortgage  on  Lease. 


tioa  of  the  said  bond  or  obligation,  and  the  interest  thereon,  according  to 
the  condition  of  the  said  bond  or  obligation.  And  that  the  said  premises 
hereby  conveyed  now  are  free  and  clear  of  all  encumbrances  whatsoever, 
and  that  he  has  good  right  and  lawful  authority  to  conv'ey  the  same  in 
manner  and  form  hereby  conveyed.  And  if  default  shall  be  made  in  the 
payment  of  the  said  sum  of  money  above  mentioned,  or  in  the  interest 
which  shaU  accrue  thereon,  or  of  any  part  of  either,  that  then  and  from 
thenceforth  it  shall  be  lawful  for  the  said  party  of  the  second  part,  and  his 
assigns,  to  sell,  transfer  and  set  over,  all  the  rest,  residue  and  remainder  of 
the  said  term  of  years  then  yet  to  come,  and  all  other  the  right,  title  and 
interest  of  the  said  party  of  the  first  part,  of,  in  and  to  the  same,  at  public 
auction,  according  to  the  act  in  such  case  made  and  provided.  And  as  the 
attorney  of  the  said  party  of  the  first  part,  for  that  purpose  by  these  pres- 
ents duly  authorized,  constituted  and  appointed,  to  make,  seal,  execute  and 
deliver  to  the  purchaser  or  purchasers  thereof,  a  good  and  sufficient  assign- 
ment, transfer  or  other  conveyance  in  the  law,  for  the  same  premises,  with 
the  appurtenance.^ ;  and  out  of  the  money  arising  from  such  sale,  to  retain 
the  [)rincipal  and  interest  which  shall  then  be  due  on  the  said  bond  or  ob- 
ligation, together  with  the  costs  and  charges  of  advertisement  and  sale  of 
the  same  premises,  rendering  the  overplus  of  the  purchase-money  (if  any 
there  shall  be)  unto  the  said  party  of  the  first  part,  or  his  assigns ;  which 
sale,  so  to  be  made,  shall  be  a  perpetual  bar,  both  in  law  and  equity,  against 
the  said  party  of  the  first  part,  and  against  all  persons  claiming  or  to  claim 
the  premises,  or  any  part  thereof,  by,  from  or  under  him,  them  or  any  of 
them. 
In  witness  [etc.,  as  in  Form  1070]. 


1074.  Mortgage  on  Premises  in  Building  Lease,  to  Secure  the  Repayment  of 
Sums  Advanced  and  to  he  Advanced  to  the  Lessee,  to  Enable  Him  to  Com- 
plete Houses. 

This  indextuee,  made  the  day  of  ,  between  A.  B.,  of,  etc., 

of  the  one  part,  and  Y.  Z.,  of  ,  of  the  other  part  {recite  building  lease 

to  A.  B.] :  And  wheeeas,  pursuant  to  the  covenant  for  this  purpose  con- 
tained in  the  said  recited  indenture  of  lease,  the  said  A.  B.  hath  already 
laid  out  and  expended  the  sum  of  dollars  in  erecting  buildings  on  the 

said  piece  or  parcel  of  ground  in  the  said  indenture  comprised.  And 
wheieas  the  said  A.  B.  having  occasion  for  the  sum  of  dollars,  for 

the  purpose  of  enabling  him  to  complete  the  erections  and  buildings  in- 
tended to  be  erected  on  the  said  piece  or  parcel  of  ground,  pursuant  to  the 
aforesaid  covenant  as  aforesaid,  hath  applied  to  and  requested  the  said  Y.  Z. 
to  lend  him  the  same,  which  he,  the  said  Y.  Z.,  hath  agreed  to  do  in  two 
separate  sums — that  is  to  say,  the  sum  of  dollars  immediately  before 

the  execution  of  these  presents,  and  the  sum  of  doUai's,  being  the  re- 

mainder of  the  said  sum  of  dollars,  when  and  so  soon  as  all  the  erec- 

tions and  buildings  already  built,  and  to  be  erected  and  built,  pursuant  to 
the  aforesaid  covenant  of  the  said  A.  B.,  as  aforesaid,  shall  have  been  cov- 


552  ABBOTTS'  FORMS. 


Mortgage  on  Lease. 


ered  in,  on  having  the  said  several  sums  of  dollars  and  dollars, 

with  interest  thereon  respectively,  secured  in  manner  hereinafter  expressed: 
Now,  THIS  INDENTCEE  wiTNESSETn,  that  in  piirsuancc  of  the  said  agreement, 
and  in  considei-ation  of  the  sum  of  dollars,  to  the  said  A.  B.  paid  by 

the  said  Y.  Z.,  on  or  immediately  before  the  execution  of  these  presents, 
and  in  consideration  of  the  covenant  hereinafter  contained  on  the  part  of 
the  said  Y.  Z.,  to  advance  the  further  sum  of  dollars  to  the  said  A.  B. 

on  all  the  said  erections  and  buildings  being  covered  in  as  aforesaid,  he,  the 
said  A.  B.,  doth  hereby  assign  unto  the  said  Y.  Z.,  his  executors,  adminis- 
trators and  assigns,  all  and  singular  the  piece  or  parcel  of  ground,  heredit- 
aments and  premises  comprised  in  and  demised  by  the  said  recited  inden- 
ture of  lease,  and  also  all  erections  and  buildings  which  have  been  erected 
and  are  now  standing  on  the  said  premises  (and  all  the  estate,  etc.) :  To 
HATE  AND  TO  HOLD  the  Said  hereditaments  and  premises  hereby  assigned, 
or  expressed  so  to  be,  unto  the  said  Y.  Z.,  his  executors,  administrators  and 
assigns,  for  all  the  residue  now  unexpired  of  the  said  term  of  years, 

created  by  the  said  recited  indenture  of  lease,  subject,  nevertheless,  to  the  - 
proviso  for  redemption  hereinafter  contained.  Peovided  always,  and  it  is 
hereby  agreed  and  declared,  that  if  the  said  A.  B.,  his  heirs,  executors,  ad- 
ministrators or  assigns,  shall,  on  the  day  of  ,  18  ,  pay  to  the  said 
Y.  Z.,  his  executors,  administrators  or  assigns,  the  sum  of  dollars,  with 
interest  for  the  same,  after  the  rate  of  dollars  per  cent,  per  annum, 
computed  from  the  date  of  these  presents,  and  shall  also  pay  to  the  said 
Y.  Z.,  his  executors,  administrators  or  assigns,  such  further  sum  as  shall  be 
hereafter  advanced  by  the  said  Y.  Z.,  his  executors,  administrators  or  as- 
signs, pursuant  to  the  covenant  of  the  said  Y.  Z.,  in  that  behalf  hereinafter 
contained,  unto  or  on  account  of  the  said  A.  B.,  together  with  interest  for 
the  same,  after  the  rate  of  dollars  per  cent,  per  annum,  to  commence 
and  be  computed  from  the  time  of  advancing  the  same,  at  the  expiration  of 
six  calendar  months  next  after  such  sum  as  aforesaid  shall  be  advanced, 
then  and  in  such  case  the  said  Y.  Z.,  his  executors,  administrators  or  assigns, 
shall,  upon  the  request  and  at  the  cost  of  the  said  A.  B.,  his  executors,  ad- 
ministrators or  assigns,  reassign  the  said  hereditaments  and  premises  hereby 
assigned,  or  expressed  so  to  be,  unto  the  said  A.  B.,  his  executors,  admin- 
istrators and  assigns,  or  as  he  or  they  shall  direct.  And  the  said  A.  B.  doth 
hereby  for  himself,  his  heirs,  executors  and  administrators,  covenant  with 
the  said  Y.  Z.,  his  executors,  administrators  and  assigns,  that  the  said  A.  B., 
his  heir-s,  executors,  administrators  or  assigns,  shall  and  will,  on  the  said 
day  of  ,  A.  D.  18  ,  pay  unto  the  said  Y.  Z.,  his  executors,  ad- 
ministrators or  assigns,  the  said  sum  of  dollars,  with  interest  for  the 
same,  computed  from  the  date  of  these  presents,  after  the  rate  of  dol- 
lars per  cent,  per  annum ;  and  if  the  said  sum  of  dollars  shall  not  be 
paid  on  the  said  day  of  j  18  ,  then  shall  and  will  pay  to  the  said 
Y.  Z.,  his  executors,  administrators  or  assigns,  interest  on  the  said  principal 
sum,  or  on  so  much  thereof  as  shall  for  the  time  being  remain  unpaid,  after 
the  rate  aforesaid,  by  equal  half-yearly  payments,  on  the  day  of 
and  the  day  of  ,  in  every  year,  until  the  whole  of  the  said  prin- 
cipal sum  shall  be  paid,  and  also  shall  and  will  pay  unto  the  said  Y.  Z.,  his 


MOKTGAGES.  553 


Mortgage  on  Building  Lease. 


executors,  administrators  or  assigns,  such  sum  as  shall  be  hereafter  ad- 
vanced by  the  said  Y.  Z.,  his  executors,  administrators  or  assigns,  unto  or 
on  account  of  the  said  A.  B.,  together  with  interest  for  the  same,  after  the 
rate  of  dollars  per  cent,  per  annum,  to  commence  and  be  computed 

from  the  time  of  advancing  the  same,  at  the  expiration  of  six  calendar 
months  next  after  such  sum  as  aforesaid  shall  be  advanced,  and  if  the  last- 
mentioned  sum  shall  not  be  paid  at  the  expiration  of  the  said  six  calendar 
months,  then  shall  and  will  pay  to  the  said  Y.  Z.,  his  executors,  adminis- 
trators or  assigns,  interest  for  the  same,  or  so  much  thereof  as  shall  for  the 
time  being  remain  unpaid,  after  the  rate  aforesaid,  by  half-yearly  payments, 
on  the  same  days  as  are  hereinafter  appointed  for  payment  of  the  interest 
on  the  said  principal  sum  of  dollars  [may  insert  absolute  covenants 

for  title  hy  A.  B.,  as  in,  chapter  on  Cotestants;  and  a  covenant  hy  A.  B. 
for  payment  of  the  rents,  and  for  the  observance  of  the  cotenants  in  the 
lease].  And  the  said  A.  B.  doth  hereby  for  himself,  his  heirs,  executors 
and  administrators,  covenant  with  the  said  Y.  Z.,  his  executors,  adminis- 
trators and  assigns,  that  he,  the  said  A.  B.,  shall  and  will,  before  the 
day  of  ,  fuUy  and  completely  finish  the  erections  and  buildings  hereby 

assigned  or  expressed  so  to  be,  and  all  other  the  erections  and  buildings 
which  are  to  be  erected  and  built  on  the  said  piece  of  ground,  pursuant  to 
the  covenant  for  this  purpose  entered  into  by  the  said  A.  B.,  by  the  said 
recited  indenture  of  lease  as  therein  mentioned;  and  that,  in  case  default 
in  this  respect  shall  be  made  by  the  said  A.  B.,  then  it  shall  be  lawful  for 
the  said  Y.  Z.,  his  executors,  administrators  or  assigns,  to  enter  upon  and 
into  the  said  premises  hereby  assigned,  and  to  complete  the  same  erections 
and  buildings,  and  any  other  erections  and  buildings  which  ought  to  be 
built  on  the  said  piece  or  parcel  of  ground,  pursuant  to  the  aforesaid  cov- 
enant, in  such  manner  as  he  or  they  may  think  proper ;  and  that  in  case  the 
said  A.  B,,  his  executors,  administrators  or  assigns,  shah  or  will,  on  demand, 
pay  unto  the  said  Y.  Z,,  his  executors,  administrators  or  assigns,  all  sums  of 
money  which  he  or  they  shall  expend  thereon,  with  interest  thereon  after 
the  rate  aforesaid,  from  the  time  or  respective  times  of  paying  or  advan- 
cing or  expending  the  same,  and  that  the  said  premises  hereby  assigned,  or 
expressed  so  to  be,  shall  then  stand  charged  with,  and  not  be  redeemed  or 
redeemable  until  full  payment  shall  be  made,  as  well  of  the  moneys  which 
shall  be  so  expended  as  aforesaid,  together  with  Interest  thereon  as  afore- 
said, as  also  of  the  several  other  moneys  hereby  secured.  And  the  said 
Y.  Z.  doth  hereby  for  himself,  his  heirs,  executors  and  administrators,  cov- 
enant with  the  said  A.  B.,  his  executors,  administrators  and  assigns,  that 
he,  the  said  Y.  Z.,  when  and  so  soon  as  all  the  erections  and  buildings  al- 
ready erected  and  to  be  erected,  pursuant  to  the  covenant  for  that  purpose 
contained  in  the  said  recited  indenture  of  lease  shall  be  covered  in ;  and  in 
case,  up  to  that  time,  all  and  singular  the  covenants  hereinbefore  contained 
on  the  part  of  the  said  A.  B.  shall  have  been  duly  kept  and  performed,  shall 
and  will  lend  and  advance  the  said  A.  B.,  his  executors,  administrators  and 
assigns,  the  further  sum  of  dollars,  at  interest  after  the  rate  aforesaid, 

on  the  security  of  these  presents. 
Ik  witness  [etc.,  as  in  Form  1070]. 


554  ABBOTTS'  FORMS. 


Mortgages. 


1075,  Mortgage  for  Purchase-Money. 

[Insert  in  either  of  the  forms,  after  the  description  of  the  premises:] 
being  the  same  premises  conveyed  to  the  said  A.  B.,  by  the  said  Y.  Z.  and 
wife,  by  deed  bearing  even  date  with  these  presents ;  which  are  given  to 
secure  the  payment  of  [part  of]  the  purchase-money  of  the  said  premises. 

1076.  Mortgage  to  Secure  Indorser. 

[As  in  Form  1070  to  the  *  continning  thus .-]  "Whereas  the  said  party 
of  the  second  part,  at  the  request,  and  for  the  benefit  of  the  said  party  of 
the  first  part,  has,  on  the  day  of  the  date  of  these  presents,  indorsed  a  cer- 
tain ,  made  by  the  said  party  of  the  first  part,  for  the  sum  of 
dollars,  bearing  date  ,  and  payable  days  after  ,  to  the  order 
of  ,  at  :  Now,  thehefore,  this  conveyance  is  intended  to  secure 
the  party  of  the  second  part  for  all  principal  and  interest  money,  costs, 
charges  and  expenses  which  he  may  be  compelled  to  pay,  in  consequence 
of  the  failure  of  the  said  party  of  the  first  part  to  pay  and  take  up  the 
said  at  maturity ;  and  if  the  amount  of  the  said  ,  principal  and 
interest,  shall  be  paid  by  the  party  of  the  first  part  at  maturity,  then  these 
presents  shaU  become  void,  and  the  estate  hereby  granted  shall  cease  and 
utterly  determine ;  but  if  default  shall  be  made  by  the  said  party  of  the  first 
part  in  the  payment  of  the  said  sum  of  money,  or  the  interest,  or  of  any 
part  thereof,  at  the  time  hereinbefore  specified,  and  the  same  be  paid  by 
or  collected  of  the  party  of  the  second  part,  the  said  party  of  the  first  part 
hereby  authorizes  and  empowers  the  party  of  the  second  part,  his  heirs, 
executors,  administrators  and  assigns,  to  sell  the  said  premises  hereby 
granted,  at  public  auction,  and  convey  the  same  to  the  purchaser  in  fee- 
simple,  agreeably  to  the  act  in  such  case  made  and  provided;  and  out  of  the 
money  arising  from  such  sale,  to  retain  such  sum,  or  sums  of  money,  as 
may  have  been  paid  by  or  collected  of  the  said  party  of  the  second  part,  as 
above  mentioned,  together  with  all  costs  and  charges,  and  pay  the  overplus 
(if  any)  to  the  said  party  of  the  first  part  his  heirs,  executors,  adminis- 
trators or  assigns. 

In  witness  [etc.,  as  in  Form  1070]. 

1077.  Mortgage  to  Secure  Unliquidated  Amount.{c) 

[Insert:]  To  have  and  to  hold  the  above-described  premises  with  the  ap- 
purtenances to  the  said  party  of  the  second  part,  his  heirs  and  assigns,  for- 
ever; provided  always,  and  these  presents  are  upon  the  express  condition  that 
if  the  said  [debtor],  his  heirs,  executors  or  administrators,  shall  well  and  truly 
pay,  and  save  harmless  and  indemnify  the  said  W.  X.  and  Y.  Z.,  and  each 
of  them,  of  and  from  all  liabilities  which  they  or  either  of  them  may  have 
at  any  time  contracted  to  or  for  said  [debtor],  either  as  surety,  indorser, 

(c)  This  is  the  form  which  was  held  sufficient  in  the  case  of  Youngs  «.  Wilson, 
27  iK  J.,  851. 


MOKTGAGES.  555 


Mortgage  under  Power.  Stipulation  in  Respect  to  Sureties. 

guarantor  or  otherwise,  whether  now  due  or  yet  to  grow  due,  and  shall 
save  Larmless  the  said  W.  X.  and  Y.  Z.,  and  each  of  them,  of  and  from  all 
damages,  costs  and  charges,  on  account  of  the  same,  according  to  the  con- 
ditions of  a  certain  bond  or  writing  obligatory  bearing  even  date  herewith, 
executed  by  the  said  [debto?']  to  the  said  parties  of  the  second  part,  then 
these  presents  shall  cease  and  become  of  no  effect;  but  in  case  default  shall 
be  made  in  the  payment  of  all  or  any  part  of  the  said  liabilities  as  the  same 
shall  become  due,  at  the  time  or  times  limited  for  the  payment  thereof, 
then  in  such  case  it  shall  be  lawful,  etc. 


1078.  Mortgage  of  Land  in  Exercise  of  a  General  Power  of  Appointment. 

This  ustdentdee,  made,  etc.,  between  A.  B.,  of  ,  and  Y.  Z.,  of  , 

of  the  other  part  [recite  conveyance  to  mortgagor^  to  such  uses  as  he  might  hy 
deed,  appoint.,  and.,  subject  thereto.,  to  uses  in  strict  settlement.,  and  an  agree- 
ment for  loan] :  Now,  this  indenture  witnesseth,  that  in  consideration 
[etc.,  reciting  the  receipt,  etc.],  he,  the  said  A.  B.,  in  exercise  and  execution 
of  the  power  for  this  purpose  given  or  limited  to  him  by  the  said  recited 
Indenture  as  aforesaid,  and  of  all  other  powers  (if  any)  enabling  him  in  this 
behalf,  doth  hereby  appoint  that  all  [here  insert  description],  shall  go, 
remain  and  be  to  the  use  of  the  said  Y.  Z.,  his  heirs  and  assigns,  subject  to 
the  proviso  hereinafter  contained.     [Continuing  as  in  other  cases.] 


1079.  Stipulation  in  a  Mortgage  Given  to  Secure  the  Payment  to  Trti^tees 
of  Outstanding  Securities  Held  hy  Various  Creditors,  That  It  Shall  Be 
Deemed  Purely  Collateral,  and  Shall  Not  Affect  the  Liability  of  Sureties. 

[Insert:]  And  whereas  some  of  the  parties  to  the  notes,  bills,  accept- 
ances or  other  securities  which  the  lenders  of  the  said  several  sums  of 
money  hold  for  the  payment  thereof,  and  which  parties  are  liable  to  the 
said  lenders  therein,  may,  for  any  thing  that  is  known  to  the  said  parties  of 
the  second  part,  or  to  the  lenders  of  the  said  money,  stand  in  the  relation 
of  sureties  to  the  said  the  parties  of  the  first  part ;  and  whereas  it  is  not  the 
intention  of  the  said  parties  to  these  presents  that  the  said  lenders  shall,  by 
the  operation  of  these  pi-esents,  or  of  the  said  bonds,  relinquish  any  security 
which  they  now  hold  for  the  payment  of  the  said  money  or  any  part  there- 
of. It  is,  therefore,  expressly  stipulated  and  agreed  that  these  presents, 
and  the  said  bonds  hereinbefore  mentioned  and  referred  to,  shall  be,  and 
sliall  be  regarded,  in  all  courts  and  places  as  collateral  to  the  said  notes, 
bills,  acceptances  and  other  securities ;  and  that  none  of  the  said  notes, 
bills,  acceptances  or  securities  shall  be  deemed  to  be  merged  or  extinguished 
by  the  execution  of  these  present;?,  or  of  the^said  bonds,  but  the  same  are 
to  remain  in  full  force  and  effect ;  and  also  in  case  any  of  the  parties  liable, 
or  who  may  become  liable,  upon  the  said  notes,  bills,  acceptances  or  other 
securities,  shall  pay  the  same  or  any  part  thereof  before  the  money  hereby 
secnred  shall  become  due  and  payable  according  to  the  periods  of  payment 
hereinbefore  prescribed,  and  shall,  by  such  payment,  or  in  any  otherwise, 
become  entitled  to  prosecute  the  said  the  Company,  or  any 


f>56  ABBOTTS'  FORMS. 


Mortgages.  Naturalization. 

other  party  or  parties,  upon  the  said  notes,  bills,  acceptances,  or  for  such 
money  paid  or  otherwise ;  the  said  parties  so  paying,  and  who  shall  become 
entitled  to  prosecute  as  aforesaid,  shall,  notwithstanding  the  ci'edit  or  time 
of  payment  hereinbefore  and  in  the  said  bond  mentioned,  be  entitled  imme- 
diately to  maintain  any  suits  or  actions  at  law  or  in  equity,  in  the  same 
manner  and  to  the  same  extent  in  every  respect  as  though  these  presents 
and  the  said  bonds  had  not  been  executed,  or  had  been  made  payable  im- 
mediately, and  shall  likewise  be  entitled  to  the  same  benefit  of  subrogation 
which  they  would  be  entitled  to  if  the  said  time  of  credit  had  not  been 
given,  and  for  that  purpose,  in  all  suits  and  proceedings  to  be  had  or  taken 
by  any  such  party,  in  his  own  name  or  otherwise,  the  said  moneys  hereby 
secured  shall  be  deemed  to  be,  and  shall  be  due  and  payable  immediately, 
80  far  only  as  may  be  necessary  to  secure  to  the  said  parties  who  are  sure- 
ties all  rights  and  advantages  incident  to  their  relation  as  such  sureties,  any 
thing  herein  contained  to  the  contrary  notwithstanding. 


1080.  Stipulation  as  to  Paying  Off  in  Advance. 

[Insert  loth  in  the  mortgage  and  the  bond,  after  the  clause  fixing  the  time 
of  payment,  such  a  clause  as  the  following :']  with  the  privilege  to  the  parties 
of  the  first  part,  their  executors,  administrators  or  assigns,  at  any  time  be- 
fore said  day  of  ,  1 8  ,  to  pay  off  said  mortgage  in  whole  or  in 
Bums  of  or  more  dollars  at  a  time,  on  giving  notice,  in 
writing,  to  the  party  of  the  second  part,  his  executors,  administrators  or 
assigns,  of  intention  so  to  do. 


CHAPTEK  LXIII. 

NATURALIZATION. 


An  alien  applying  for  naturalization  must,  with  the  exception  stated  below, 
be  a  free  white  person  who  has  resided  in  the  United  States  for  the  continued 
term  of  five  years  next  preceding  his  admission,  and  one  year  at  least  within 
the  State  or  Territory  where  the  court  is  held  that  admits  him.  Two  years  at 
least  before  his  admission  he  must  declare  on  oath  or  aflBrmation,  before  a 
court  of  record  having  common-law  jurisdiction  and  a  seal  and  clerk,  or  before 
a  circuit  or  district  court  of  the  tlnited  States,  or  before  a  clerk  of  either  of  the 
said  courts,  that  it  is  bona  fide  his  intention  to  become  a  citizen,  and  to  re- 
nounce forever  all  allegiance  and  fidelity  to  any  foreign  prince,  potentate.  State 
or  sovereignty,  and  particularly  by  name  the  prince,  potentate.  State  or  sov- 
ereignty of  which  he  is  at  the  time  a  citizen  or  subject. 

By  a  recent  statute,  it  is  provided  that  an  alien  who  has  been  honorably  dis- 
charged from  the  military  service  of  the  United  States  may  be  naturalized  on 
proof  of  one  year's  residence. 


NATURALIZATION.  557 

General  Principles. 

The  declaration  of  intention  is  recorded  by  the  clerk,  and  a  certificate,  under 
the  seal  of  the  court,  and  signed  by  the  clerk,  that  he  has  made  such  a  dec- 
laration, is  given  him,  which  is  received  thereafter  as  evidence  of  the  fact.  It 
the  applicant  was  a  minor  under  the  age  of  18  years  when  he  came  to  the 
country,  this  previous  declaration  of  intention  is  dispensed  with,  and  he  is 
entitled  to  be  admitted  after  he  has  arrived  at  the  age  of  21  years,  if  he  has 
resided  five  years  in  the  United  States,  including  the  three  years  of  his  minor- 
ity, and  has  so  continued  to  reside  up  to  the  time  when  he  makes  his  application, 
uiwn  complying  with  the  law  in  other  respects. 

When  the  applicant  has  completed  the  necessary  residence,  he  must  prove 
the  fact  before  one  of  the  courts  previously  named,  by  other  testimony  than 
his  own  oath.  One  witness,  if  he  knows  the  fact,  is  siiScient.  If  entitled  to 
admission  without  a  previous  declaration  of  intention,  the  alien  must  declare 
upon  oath,  and  prove  to  the  satisfaction  of  the  court,  that,  for  the  three  years 
next  preceding  his  application,  it  was  bona  fide  his  intention  to  become  a  citi- 
zen ;  and  every  applicant  must  prove  (which  may  be  done  by  his  own  oath,  un- 
less the  court  should  require  other  testimony)  that  he  has  behaved,  during  the 
period  of  his  residence,  as  a  man  of  good  moral  character,  attached  to  the  prin- 
ciples of  the  Constitution  of  the  United  States,  and  weU  disposed  to  the  good 
order  and  happiness  of  the  same. 

The  mode  of  admission  is  as  follows  :  The  applicant  goes  to  the  clerk  of  the 
court,  and  exhibits  the  certificate  of  his  having  declared  his  intention.  The 
clerk  then  prepares  a  written  deposition  for  the  witness,  setting  forth  his 
knowledge  of  the  applicant's  residence,  and  of  his  good  character  ;  and  another 
for  the  applicant,  declaring  that  he  renounces  all  allegiance  to  every  foreign 
Power,  and  particularly  that  of  which  he  is  a  citizen  or  subject ;  and  if  he  has 
borne  any  title  of  nobility,  that  he  renounces  it,  and  that  he  will  support  the 
Constitution  of  the  United  States.  The  parties  are  then  taken  before  the 
judge,  who  examines  each  of  them  under  oath  ;  and  if  he  is  satisfied  that  the 
applicant  has  resided  in  the  country  for  the  requisite  period,  and  is  a  man  of 
good  character,  he  makes  an  order  in  writing  for  his  admission.  The  deposi- 
tions are  then  subscribed  by  the  parties,  and  publicly  sworn  to  in  court  in 
presence  of  the  judge  ;  and  the  certificate  of  the  declaration  of  intention,  the 
depositions  and  the  order  of  the  j  udge  are  filed,  and  constitute  the  record  of 
the  proceeding.  A  final  certificate  under  the  seal  of  the  court,  signed  by  the 
clerk,  is  then  given  the  alien,  declaring  that  he  has  complied  with  all  the  re- 
quisites of  the  law,  and  has  been  duly  admitted  a  citizen,  which  certificate  is 
conclusive  evidence  thereafter  of  the  fact.  In  the  case  of  a  minor,  the  previous 
declaration  of  intention  is  dispensed  vrith  ;  but  in  all  other  respects  the  course 
of  procedure  is  the  same.(a) 

FASK 

1081.  Declaration  of  intention 557 

1082.  Certificate  by  clerk 558 

10S3.  Oath  of  applicant  for  naturalization 558 

1084.  Proof  of  residence  and  good  behavior 558 

1085.  Certificate  of  citizenship 559 

1086.  Affidavit  of  resident  alien  to  enable  him  to  hold  real  property -559 

1081,  Declaration  of  Intention. 

I,  A.  B.,  do  declare  on  oath  [or,  do  affirm]  that  it  is  bona  fide  my  inten- 
tion to  become  a  citizen  of  the  United  States,  and  to  renounce  forever  all  * 
allegiance  and  fidelity  to  all  and  any  foreign  prince,  potentate.  State  and 
sovereignty  whatever,  and  particularly  to  \liere  designate  former  allegiance — • 


(a)  This  summary  of  the  law  and  prac-    subject,  from  the  pen  of  Hon.  Charles  P, 
tiee  is  chiefly  taken  from  an  article  on  the    Daly,  in  the  New  Am.  Cycl. 


558  ABBOTTS'  FORMS. 


Proceedings  for  Naturalization. 


e.  gr.,  ihux ;]  Victoria,  queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland.  {Signature?^ 

Sworn  [or,  affirmed]  in  open  court ) 
this        day  of  ,  18    .       J 

[Signature  of]  Clerk. 


1082.  Certijieate  by  Clerh 
Statb  op  ,  ) 

County  of  .  J     ' 

I,  M.  N.,  clerk  of  ,  do  certify,  that  the  above  is  a  true  copy  of  the 

original  declaration  of  intention  of  A.  B.  to  become  a  citizen  of  the  United 
States,  remaining  of  record  in  my  oflSce. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name, 
[Seal  of  and  afiBxed  the  seal  of  the  said  court,  the        day  of  , 

office.']  one  thousand  eight  hundred  and 

[Signature  of]  Clerk. 

1083.  Oath  of  Applicant  for  Naturalization. 

SuPEEMB  Court,    ) 
County  of  .\     ' 

I,  A.  B.,  do  swear  [or,  aflSrm]  that  I  will  support  the  Constitution  of  the 
United  States,  and  that  I  do  absolutely  and  entirely  renounce  and  abjure 
[continuing  as  in  Form  1081  from  the  *  to  the  end  ;  and  if  the  applicant^  by 
reason  of  hating  been  a  minor,  has  made  no  previous  declaration,  add  before 
the  authentication  of  the  affidavit,  And  1  do  also  swear  [or,  affirm]  that  it 
ia  bona  fide  my  intention,  and  has  been  for  the  last  three  years,  to  become 
a  citizen  of  the  United  States]. 


1084.  Proof  of  Residence  and  Good  Behavior. 
Oottet,  ) 

County  of  .  j     ' 

C.  D.,  of  ,  being  duly  sworn  [or,  affirmed],  says,  that  he  is  a  citizen 

of  the  United  States,  and  is,  and  for  five  years  last  past  has  been,  well  ac- 
quainted with  A.  B ,  now  present ;  that  said  A.  B.  has  resided  within  the 
United  States  for  five  years  at  least  last  past,  and  for  one  year  last  past 
within  the  State  of  New  York ;  and  that  during  that  time  the  said  A.  B. 
has  behaved  as  a  man  of  a  good  moral  character,  attached  to  the  principles 
of  the  Constitution  of  the  United  States,  and  well  disposed  to  the  good  order 
and  happiness  of  the  same  [and  if  the  applicant,  by  reason  of  having  been  a 
minor,  has  made  no  previous  declaration  of  intention,  add :  and  that  said 
A.  B.  became  of  the  age  of  twenty-one  years  on  the        day  of  ,  18    ; 

and  that  he  resided  within  the  United  States  at  least  three  years  next  pre- 
vious to  his  becoming  twenty -one  years  of  age].  [Signature.] 

SwoKN  [etc.,  as  in  Form  1081]. 


NATURALIZATION".  659 


Certificate.  Affidavit  of  Intention. 


1085.  Certificate  of  Citizenship. 
United  States  of  America,  j 
State  of  New  York,        >  ss. 
County  of  .  ' 

Be  it  kemembeeed,  that  on  the        day  of  ,  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  ,  A,  B.,  formerly  of  ,  in  the 

kingdom  of  ,  now  of  ,  in  the  State  of  ,  appeared  in  the 

Court  (the  said  court  being  a  court  of  record,  having  common-law 
jurisdiction,  and  a  clerk  and  seal),  and  applied  to  the  said  court  to  be  ad- 
mitted to  become  a  citizen  of  the  United  States  of  America,  pursuant  to  the 
provisions  of  the  several  acts  of  the  Congress  of  the  United  States  of  Ameri- 
ca, for  that  purpose  made  and  provided.  And  the  said  applicant  having 
thereupon  produced  to  the  court  such  evidence,  made  such  declaration  and 
renunciation,  and  taken  such  oaths  as  are  by  the  said  acts  required :  there- 
upon it  was  ordered  by  the  said  court,  that  the  said  applicant  be  admitted, 
and  he  was  accordingly  admitted  by  the  said  court,  to  be  a  citizen  of  the 
United  States  of  America. 

In  testimony  whereof,  the  seal  of  the  said  court  is  hereunto 
[Seal  of       aflSixed,  this        day  of  ,  in  the  year  of  our  Lord  one 

court.]         thousand  eight  hundred  and  ,  and  in  the  year 

of  our  independence  the 

Per  curiam.  [Signature  of]  Clerk. 


1086.  Affidavit  of  Resident  Alien,  to  Enable  Him  to  Hold  Real  Property  m 

New  YorTc.(b) 
State  of  , )  ^^ 

County  of  . )     * 

A.  B.,  of  ,  being  duly  sworn,  doth  depose  and  say,  that  he  is  a 

resident  in  the  State  of  ,  and  intends  always  to  reside  in  the  United 

States,  and  to  become  a  citizen  thereof  as  soon  as  he  can  be  naturalized,  and 
that  he  has  taken  such  incipient  measures  as  the  laws  of  the  United  States 
require,  to  enable  him  to  obtain  naturalization. 

SwoEN  before  me,  this )  [Signature.] 

day  of  ,18     .f 

[Signature  and  title  of  officer^ 

(6)  To  be  filed  in  the  office  of  the  secretary  of  state  of  the  State  of  New  York. 


560  ABBOTTS'  FORMS. 


Notaries.  Notices. 


CHAPTER  LXIY. 

NOTARIES. 

Notaries,  or  notaries  public,  as  they  are  often  called,  are  appointed  by  the 
executive  authority  of  the  State  or  kingdom  where  they  are  to  act.  Their 
functions  are  chiefly  to  attest  affidavits,  deeds  and  other  instruments,  to  protest 
bill  and  notes,  and  to  certify  copies  of  instruments.  The  courts  and  the  cus- 
toms of  merchants,  in  all  nations,  respect  their  acts  ;  but  in  this  country  the 
powers  of  our  notaries  are  to  some  extent  usually  defined  in  the  statutes  of  the 
State.  The  chapters  on  Affidavits,  Acknowledgments  op  Deeds,  and 
Protests,  present  the  chief  instruments  used  in  their  practice. 


CHAPTER  LXY. 

NOTICES. 


Wherever  magistrates,  referees  or  arbitrators  proceed  judicially  to  inquire 
into  and  determine  a  question  of  rights,  the  party  affected  is  entitled  to  notice 
of  the  hearing  and  an  opportunity  to  be  heard. 

Wherever  the  right  of  a  party  under  a  contract  depends  upon  a  contingency, 
the  happening  of  which  is  peculiarly  within  his  own  knowledge,  he  should 
give  notice  of  its  happening  to  the  other  party. 

All  notices  which  form  part  of  a  legal  proceeding  should  be  in  writing ;  but 
in  other  cases,  notices  need  not  be  in  writing  or  in  any  particular  form,  unless 
this  is  required  by  the  statute  or  contract  which  raises  the  necessity  of  giving 
notice. 

Where  notice  is  required  to  be  given  a  certain  number  of  days  before  an 
act,  either  the  day  of  giving  the  notice  or  that  of  doing  the  act,  may  be 
coimted,  but  not  both.  Tlie  law  disregards  the  fraction  of  the  day.  But  if 
the  period  be  so  short  that  this  rule  would  Avork  injustice,  it  would  not  be 
applied.  Thus  a  notice  given  on  Saturday  night,  for  an  act  to  be  done  Monday 
morning,  might  be  held  not  a  sufficient  two  days'  notice. 

Notices  appropriate  to  the  various  proceedings  treated  in  this  work,  will  be 
found  in  their  appropriate  connection  in  other  chapters. 


OATHS.  561 

General  Form. 


CHAPTER  LXVI. 

OATHS. 

An  oath  is  a  declaration  made  according  to  law  before  a  competent  tribunal 
or  officer,  invoking  God  to  witness  the  truth  of  what  is  said.  It  may  be  taken 
in  various  ways,  according  to  the  religious  belief  of  the  deponent.  The  most 
usual  forms  are  given  below.  When  the  oath  is  intended  to  be  taken  upon  the 
Evangelists,  its  validity  is  not  affected  by  a  mistake  in  using  another  book 
instead. 

Oaths  to  support  the  constitution  and  execute  and  obey  the  laws,  are  required 
from  public  officers,  and  oaths  of  fidelity  are  required  from  persons  judicially 
selected  for  the  performance  of  duties  and  trusts  of  various  kinds. 

PAOB 

1087.  Oath  taken  upon  the  Evangelists 561 

1088.  Oath  taken  by  uplifting  the  hand 561 

1089.  Affirmation 561 

1090.  Oath  or  affirmation  of  witness 561 

1091.  Another  form 562 

1092.  Oath  of  a  town  officer 662 

1093.  Oath  of  allegiance  required  from  practitioners  in  the  United  States  courts.  562 


1087.  Oath  Taken  Upon  the  Evangelists. 

[The  officer  extends  the  hook  to  the  deponent,  who  takes  hold  of  it,  and  the 
officer  says ;]  "  You  do  solemnly  swear,  that  {here  state  the  ohjeet  of  the 
oath — e.  g.,  thus ;]  the  matters  stated  in  this  afBdavit  subscribed  by  you  are 
true.     So  help  you  God."    [Here  deponent  will  raise  the  book  to  the  lips.] 

1088.  Oath  Taken  ly  Uplifting  the  Hand. 

[The  deponent  raises  his  right  hand,  and  the  officer  says:]  "You  do 
swear,  in  the  presence  of  the  Ever-living  God,  that  the  matters  stated  in 
this  affidavit  subscribed  by  you  are  true."  [And  the  deponent  responds :] 
I  do. 

1089.  Affirmation. 

[The  offi/ier  says :]  "  You  do  solemnly,  sincerely  and  truly  declare  and 
ftflfirm,  that"  [etc.,  as  in  preceding  form]. 

1090.  Oath  or  Affirmation  of  Witness. 

[Insert  in  preceding  forms]  that  you  will  true  answers  make  to  tiie 
questions  that  shall  be  put  to  you  touching  [here  state  the  matter — e.  ff^ 
thus :]  the  execution  of  the  deed  herewith  shown  you. 
36 


662  ABBOTTS'  FORMS. 


Oaths.  Partnership. 

1091.  Another  Form. 

{Insert  in  preceding  forms]  that  the  evidence  you  shall  give  in  relation 
to  the  matter  of  difference  now  here  depending  between  A.  B.  and  Y.  Zl, 
shall  be  the  truth,  the  whole  truth  and  nothing  but  the  truth. 

1092.  Oath  of  a  Town  Officer. 
CoimTT  of  ,  ss. 

I,  A.  B.,  do  solemnly  swear  [or,  aflSrm],  that  I  will  support  the  Oonstitu 
tion  of  the  United  States,  and  the  Constitution  of  the  State  of  New  York, 
and  that  I  will  faithfully  discharge  the  duties  of  the  office  of  ,  of  the 

town  of  ,  in  said  county,  according  to  the  best  of  my  ability. 

Subscribed  and  sworn  before  me,  \  [Signature^ 

this        day  of  ,  18    .  ) 

[Signature  of  officer.] 

1098.  Oath  of  Allegiance,  Required  from  Practitionera  in  Courts  of  the 

United  States. 

I,  A.  B.,  do  solemnly  swear,  that  I  have  never  voluntarily  borne  arms 
against  the  United  States  since  I  have  been  a  citizen  thereof;  that  I  have 
voluntarily  given  no  aid,  countenance,  counsel  or  encouragement  to  persons 
engaged  in  armed  hostility  thereto ;  that  I  have  neither  sought  nor  accepted, 
nor  attempted  to  exercise  the  functions  of  any  office  whatever,  under  any 
authority  or  pretended  authority  in  hostility  to  the  United  States ;  that  I 
have  not  yielded  a  voluntary  support  to  any  pretended  government,  author- 
ity or  constitution  within  the  United  States,  hostile  or  inimical  thereto. 
And  I  do  further  swear  that,  to  the  best  of  my  knowledge  and  ability,  I  will 
support  and  defend  the  Constitution  of  the  United  States  against  all  enemies, 
foreign  and  domestic;  that  I  will  bear  true  faith  and  allegiance  to  the 
same ;  that  I  take  this  obligation  freely,  without  any  mental  reservation  or 
purpose  of  evasion ;  and  that  I  will  well  and  faithfully  discharge  the-duties 
of  the  office  on  which  I  am  about  to  enter.    So  help  me  God. 

SwoEN  [etc.,  at  above]. 


CHAPTER  LXYH. 

PARTNERSHIP. 


pAKTirEKSHiP  is  the  relation  between  two  or  more  persons  who  are  engaged 
in  a  joint  adventure  or  undertaking,  and  are  to  participate  in  the  profit  or  loss 
which  may  result  from  it.(a) 

(a)  Sasfe  «.  Slierman,  2  iV:  Z.  (2  Cb»M«.),    Hall,   16  How.    Pr.,  175;    Cumpston  ». 
418;    VasRar  v.  Camp,   14   Barb.,  841;    McNair,  1  Wend.,4,b1. 
Hodgman  v.  Smith,  18/6.,  802.-  Fitch  v. 


PAETNERSHIP.  663 


What  Constitutes  it.  Powers  of  Partners. 

Joint  ownership  of  property  does  not  necessarily  make  men  partners.  They 
must  have  joined  in  some  adventure  or  undertaking  with  or  in  respect  to  the 
property,  upon  an  agreement  or  under  circumstances  from  which  the  law  will 
imply  an  agreement  to  share  profit  or  lo8S.(6) 

Resorting  to  a  division  of  profits,  as  a  measure  of  compensation,  does  not 
necessarily  make  men  partners. 

One  who  is  employed  in  the  business  of  a  firm,  in  a  subordinate  capacity, 
having  no  interest  in  the  capital  nor  sharing  liability  for  losses,  is  not  rendered 
a  partner,  by  the  fact  that  he  is  to  receive  a  portion  of  the  profits  in  compen- 
sation for  his  services.(c)  To  constitute  partnership  there  must  be  an  owner- 
ship in  profits  as  they  arise  ;  a  right  to  them  as  the  product  of  capital  and 
labor  employed  in  an  adventure  in  which  both  parties  are  interested,  and  not 
as  a  measure  of  compensation  only.(tf) 

There  is  no  necessity  for  any  agreement  in  writing  or  for  any  express  agree- 
ment whatever,  as  to  terms  of  co-operation,  in  order  to  constitute  partnership. 
When  persons  unite  in  employing  property  in  an  adventure  for  profit,  without 
any  agreement  to  regulate  their  interests,  the  law  prescribes  a  code  of  rules 
which  may  be  briefly  stated  as  follows :  They  are  recognized  as  partners. 
Whatever  name  they  use  in  doing  business  is  the  firm-name,  even  though  it 
happens  to  be  the  individual  name  of  a  partner.  Each  is  entitled  to  an  equal 
share  of  profits  and  bound  to  an  equal  share  of  losses,  whatever  difference  there 
may  be  in  value  or  amount  of  services  rendered  or  capital  contributed.  Each 
partner  can  represent  the  whole,  witliin  the  scope  of  the  partnership  business, 
and  as  towards  innocent  third  persons,  can  bind  all  his  associates  by  his  deal- 
ings and  simple  contracts,  which  do  not  appear  to  exceed  the  bounds  of  that 
■  business.  Any  one  of  the  partners  may,  at  any  time,  terminate  or  dissolve  the 
partnership ;  and  if  not  satisfied  with  the  share  in  the  final  division,  which  his 
partners  are  willing  to  accord  him,  he  may  apply  to  a  court  of  justice  to  ap- 
point a  person,  who  shall  take  the  assets,  convert  them  into  money,  and,  after 
paying  the  law  expenses  and  the  firm  debts,  divide  the  residue  of  the  proceeds 
among  the  associates,  in  the  proportion  of  their  contributions  to  the  capital, 
and  under  the  direction  of  the  court.  Persons  who  are  willing  to  abide  the 
blind  application  of  these  rules,  to  their  adventure,  have  no  need  to  enter  into 
written  articles.  But  great  advantage  is  found  in  written  articles,  and  care- 
ful and  equitable  provisions  restricting  the  partners,  defining  their  several 
duties  and  their  shares  of  compensation,  and  providing  a  mode  of  final  settle- 
ment. 

While  a  partnership  exists,  however  it  may  have  been  formed,  the  several 
partners  have  very  broad  and  general  powers  to  act  for  each  other  within  the 
scope  of  the  business.  Either  one  of  them  can  deal  with  the  partnership  prop- 
erty as  if  he  were  the  owner  ;  can  bind  the  firm  as  towards  innocent  holders, 
by  signing  its  name  to  notes,  and  other  simple  contracts  not  appearing  to  be  in 
excess  of  his  authority,  and  can  contract  debts  in  its  name.  Each  partner  is 
also  personally  liable  for  all  the  partnership  indebtedness.  But  these  powers 
of  a  partner  do  not  extend  to  executing  a  sealed  instrument,(e)  or  confessing  a 

(i)  Porter  v.  McClure,  15  Wend.,  187 ;  Gates  v.  Graham,  12  Wend.,  63 ;  Skinner 

Putnam  v.  Wise,  1  Bill,  234  ;  Pattison  v.  v.  Dayton,  19  Johng.,  513 ;  Gram  v.  Setur, 

Blanchard,  5  iV!  Z  (1  iield.),  186  ;  Heim-  i  JJall,  262;  McBride  v.  Hagan,  1  Wend., 

street  v.  Rowland,  5  Ben.,  68  ;  Holmes  «.  826.     He  may  seal  by  special  authority. 

United  Ins.  Co.,  2  JoAns.  Cos.,  329  ;  Post  Pettis  v.  Bloomer,  21  Bow.  Pr.,  817 ;  Een- 

V.  Kimberly,  9  Johns.,  470 ;  Pinckney  v.  wick  v.  McAllister,  5  N.  T.  Leg.  Ohs.,  16  ; 

Keyler,  4  E.  D.  Smith,  469.  Smith  v.  Kerr,  3  JV.  T.  (3  Comst.),  144. 

(c)  Burckle    v.    Eckhart,    Z  K    Y.   {Z  And  in  virtue  of  general  authority  as  part- 

Oomst.),   182;   Vanderburgh  v.  Hull,  20  ner  may  give  a  release,  under  seal,  of  a 

Wend.,  70.  debt  due  to  the  firm.    Wells  v.  Evans,  20 

{d)  Ugdeu  V.  Astor,  4:  Sand/.,  311.  Wmd.,  251 ;  Pierson  v.  Hookjr,  3  Johns., 

{«)  Clement  v.  Brusli,  3  Johns.  Cas.,  2  68  ;  Bulkley  v.  Dayton,  14  lb.,  987  ;  Brueu 

ed.,  180 ;  Gree  •  v.  Beals,   2  Cai.,   254 ;  v.  Marquand,  17  lb.,  58. 


564  ABBOTTS'  FORMS. 


Dissolution.  liimited  Partnership. 

iudgment(/) ;  nor  to  the  making  of  a  general  assignment  of  the  assets  of  the 
firm  for  the  benefit  of  creditors,  with  preferences^^') 

Dissolution  of  partnership  may  take  place  in  various  ways  besides  those  pro- 
vided by  the  article8(A) :  as  by  the  death  of  a  partner  ;  by  his  insanity  or  other 
absolute  incapacity ;  by  his  assignment  of  his  interest  to  a  stranger,  etc.,  etc. 

Immediately  after  a  dissolution  of  copartnership,  a  notice  shoiild  bo  pub- 
lished in  the  public  papers  to  that  effect,  for  the  information  of  the  public  at 
large,  and  a  special  notice  should  be  sent  to  every  correspondent,  and  every 
other  person  who  has  had  any  dealings  with  the  company.  If  these  precau- 
tions are  omitted,  one  partner  will  still  be  liable  for  the  acts  of  the  other,  to  all 
persons  not  having  had  notice,  as  before  the  dissolution. 

When  the  partnership  has  been  once  dissolved,  no  individual  member  of  the 
firm  can  do  any  act  by  which  he  can  increase  or  continue  the  liability  of  the 
other  members  of  the  partnership.  He  cannot  give  a  partnership  note,  or  sign 
any  partnership  agreement,  or  do  any  act  to  renew  any  claim  against  the  firm, 
or  to  take  it  out  of  the  effect  of  the  Statute  of  Limitations. 

Besides  the  ordinary  or  "  general"  partnerships,  to  which  the  foregoing  rules 
apply,  the  statutes  of  most  of  the  States  now  authorize  the  formation  of 
Limited"  partnerships.  The  peculiar  feature  of  this  is,  that  one  or  more 
partners  are  permitted  to  put  a  certain  stipulated  capital  at  hazard,  in  the  ad- 
venture ;  and  are  not  liable  for  any  losses  (provided  they  have,  in  all  respects, 
complied  with  the  statute)  beyond  that  amount. 

In  order  to  form  a  limited  partnership  in  New  York,  a  certificate  must  be 
made  and  signed  by  the  parties.  An  affidavit  of  one  or  more  of  the  general 
partners  must  also  be  made,  stating  that  the  sums  specified  in  the  certificate, 
as  having  been  contributed  by  the  special  partners,  have  been  actually  and  in 
good  faith  paid  in  cash.  The  certificate  must  be  acknowledged  and  filed,  with 
the  affidavit,  in  the  office  of  the  clerk  of  the  county  in  which  the  business  is  to 
be  carried  on  ;  and,  if  such  business  is  to  be  conducted  in  more  than  one  county, 
transcripts  of  the  certificate  and  acknowledgment  must  be  filed  in  such  other 
counties.  The  terms  of  the  partnership,  when  registered,  are  to  be  published 
for  at  least  six  weeks  immediately  after  such  registry,  in  two  newspapers,  to 
be  designated  by  the  clerk  of  the  county,  and  to  be  published  in  the  senate  dis- 
trict in  which  the  business  shall  be  carried  on. 

In  publishing  the  terms  of  a  limited  partnership,  they  must  be  in  all  respects 
truly  stated,  in  each  newspaper,  or  the  special  partners  will  become  liable  as 
general  partners. 

The  general  partners  only  may  transact  the  business  of  a  limited  partner- 
ship, A  special  partner  may  examine  into  the  state  of  the  partnership  con- 
cerns, and  advise  as  to  their  management.  The  use  of  his  name  in  the  firm, 
and  the  extent  to  which  he  may  take  part  in  the  active  management  of  its 
business,  is,  in  many  of  the  States,  regulated  in  detail  by  special  statutes, 
which  those  should  consult  who  wish  to  secure  the  exemption.  The  business 
is  to  be  conducted  under  a  firm,  in  which  the  names  of  the  general  partners 
only  can  be  inserted,  without  the  addition  of  the  word  "  company"  or  any 
other  general  term.(t) 

(/)  Oanc  V.  Trench,  1    Wend.,  811 ;  /'r.,  442.    But  it  is  said  one  partner  may 

Stantenburgh  v.   Vandenburgh,   7   How.  make  a  general  assignment  without  preler- 

iV.,  229.    But  see  Pardee  v.  Ilayne,  10  tncQ»,  or  &n  &»»\gn\acnX,  direct  to  a  creditor 

Wend.,  630  ;  Kidd  v.  Brown,  2  How.  Fr.,  in  payment  of  his  debt. 
20  ;  Eversoii  v.  Gehrman,  1  Abbotts'  Pr.,        (A)  Marquand  v.  N.  Y.  Manufacturing 

167  ;  10  How.  Fr.,  301.  Co.,  17  Johns.,  oi5:  Mumford©.  McKay,  S 

(g)  Haggerty  v.  Granger,  15  How.  Fr.,  Wend.,  442  ;  Gould  v.  Banks,  8  3.,  562  ; 

243  :  Kemp  v.  Camley,  3  Ihier,  1 ;  Havens  Berry  v.  Cross,  8  Sand/.  CL,  1 ;  Griswold 

V.  Ilussey,  5  Faige,  30;  Hitchcock  v.  St.  v.  Waddington,  16  Johns.,  438. 
John,  Hofm.,  511 ;  McLelland  v.  Rem-        (i)  1  Bev.  Stat.,  764,  §§"  1-24;  Laws  of 

sen,  36  Barb.,  622;  14  AbbotW  Fr.,  331;  1857,836,  ch. 414; /&.,  1837,101,  ch.l29;i&., 

Pettee  v.  Orser,  6  £osw.,  128 ;  18  How.  1858, 449,  ch.  289 ;  lb.,  1862,  880,  ch.  476. 


PAETJTEESHIP.  ■  565 


Articles  of  Agreement. 

I.  General  Paetnership.  page. 

1094.  Articles  of  copartnership  in  commercial  business 565 

1095.  Articles  of  copartnership  in  hotel  business 567 

1096.  Articles  of  copartnership  between  lawyers 567 

1097.  The  same  ;  adapted  to  a  case  where  one  intends  to  retire  in  favor 

of  the  other 568 

1098.  Articles  of  voluntary  association,  for  carrying  on  a  newspaper 569 

1099.  Limit  of  amount  to  be  drawn  out  by  partners 571 

1100.  Another  form 571 

1101.  Provision  for  increase  of  capital 571 

1102.  Provision  as  to  departments  of  service 572 

1103.  Restriction  on  the  power  of  majority 572 

1104.  Provision  as  to  liquidation  by  sale  at  auction •  572 

1105.  Stipulation  to  refer  disputes  to  arbitration 572 

1106.  Provision  for  offer  to  buy  or  sell 573 

1107.  Provision  for  dissolution  on  notice 573 

1108.  Provision  that  after  a  dissolution  the  retiring  partner  shall  not  carry 

on  the  trade  or  disclose  secrets 673 

1109.  Agreement  to  continue  the  partnership ;  indorsed  on  the  articles. . .  573 

1110.  Notice  by  one  partner  to  another,  to  determine  a  partnership,  un- 
der a  power  reserved  for  the  purpose 574 

1111.  Memorandum  of  dissolution  indorsed  on  the  articles 574 

1112.  Advertisement  of  dissolution 574 

1113.  Advertisement  of  a  partner's  retiring 574 

II.  LiMiTiiD  Partnership. 

1114.  Certificate  of  formation  of  limited  partnership 575 

1115.  Affidavit  of  payment  of  capital 575 

1116.  Designation  of  newspapers  in  which  publication  is  to  be  made 575 

1117.  Affidavit  of  publication,  by  printer  of  newspaper 575 

1118.  Certificate  of  continued  use  of  firm-name 576 

1094.  Articles  of  Copartnership  in  Commercial  Biisiness. 
Articles  of  agreement,  made  the        day  of  ,  one  thousand  eight 

hundred  and  ,  between  A.  B.,  of  ,  and  Y.  Z.,  of  , 

witne.^seth,  as  follows : 

I.  The  said  parties  above  named  have  agreed  to  become  copartners  in 
business,  and  by  these  presents  do  agree  to  be  copartners  together  under 
and  by  the  name  or  firm  of  B.  &  Z.,  in  the  business  of  [here  designate  it 
briefly,  but  accurately](j),  in  the  [buying  and]  selhng  all  sorts  of  goods, 
wares  and  merchandise  to  the  said  business  belonging.  [If  the  location  of 
the  place  of  btisiness  is  deemed  essential,  it  may  be  here  specified.]  The  part- 
nership to  commence  on  the        day  of  ,  and  to  continue  years, 

II.  To  that  end  and  purpose  the  said  A.  B.  has  contributed  the  sura  of 

dollars  in  cash,  and  the  said  Y,  Z.  has  contributed  the  lease  of  the 
store  in  ,  to  be  occupied  by  them,  and  the  stock  of  goods  and  good- 

Avill  of  the  business  there  heretofore  carried  on  by  him,  which  are  together 
estimated  and  valued  by  the  parties  at  the  like  sum  of  dollars,  the 

capital  stock  so  formed  to  be  used  and  employed  in  common  between  them, 

(/)  The  scope  of  the  business  should  beyond  the  intended  scope.     Thus  if  only 

be  distinctly  defined,  if  it  is  desired  to  a  commission  business  is    intended,  the 

preclude  the  individual  partners  from  in-  word  "  buying"  should  be  omitted, 
volving  the  firm  in  liability,  by  dealings 


566  ABBOTTS'  FORMS. 


Articles  of  Copartnership. 


for  the  support  and  management  of  the  said  business,  to  their  mutual  bene- 
fit and  advantage. 

JII.  At  all  times  during  the  continuance  of  their  copartnership,  they  and 
each  of  them  will  give  their  attendance,  and  do  their  and  each  of  their 
best  endeavors,  and  to  the  utmost  of  their  skill  and  power  exert  themselves 
for  their  joint  interest,  profit,  benefit  and  advantage,  and  truly  employ 
[buy],  sell  and  merchandise  with  their  joint  stock,  and  the  increase  thereof, 
in  the  business  aforesaid.  And  also,  that  they  shall  and  will  at  all  times 
during  the  said  copartnership,  bear,  pay  and  discharge  equally  between 
them,  all  rents  and  other  expenses  that  may  be  required  for  the  support 
and  management  of  the  said  business ;  and  that  all  gains,  profit  and  in- 
crease that  shall  come,  grow  or  arise  from  or  by  means  of  their  said  busi- 
ness, shall  be  divided  between  them  equally  [or  state  other  proportion] ; 
and  all  loss  that  shall  happen  to  their  said  joint  business  by  ill  commodi- 
ties, bad  debts  or  otherwise,  shall  be  borne  and  paid  between  them  equally 
[or  other  proportion], 

IV.  And  it  is  agreed  by  and  between  the  said  parties,  that  there  shall  be 
had  and  kept  at  all  times  during  the  continuance  of  their  copartnership, 
perfect,  just  and  true  books  of  account,  wherein  each  of  the  said  copartners 
shall  enter  and  set  down,  as  well  all  money  by  them  or  either  of  them  re- 
ceivedj  paid,  laid  out  and  expended  in  and  about  the  said  business,  as  also 
all  goods,  wares,  commodities  and  merchandise  by  them  or  either  of  them 
bought  or  sold,  by  reason  or  on  account  of  the  said  business,  and  all  other 
matters  and  things  whatsoever,  to  the  said  business  and  the  management 
thereof  in  any  wise  belonging ;  which  said  book  shall  be  used  in  common 
between  the  said  copartners,  so  that  either  of  them  may  have  access  there- 
to, without  any  interruption  or  hindrance  of  the  other.  And  also,  the  said 
copartners,  once  in  [designating  the  times],  or  oftener,  if  necessary, 
shall  make,  yield  and  render,  each  to  the  other  a  true,  just  and  perfect  in- 
ventory and  account  of  all  profits  and  increase  by  them  or  either  of  them 
made,  and  of  all  losses  by  them  or  either  of  them  sustained ;  and  also  all 
payments,  receipts,  disbursements  and  all  other  things  by  them  made,  re- 
ceived, disbursed,  acted,  done  or  suffered  in  this  said  copartnership  and 
business;  and  the  same  account  so  made,  shall  and  will  clear,  adjust,  pay 
and  deliver,  each  to  the  other,  at  the  time,  their  just  share  of  the  profits, 
and  pay  and  bear  their  just  share  of  the  expenses  and  losses  so  made  as 
aforesaid. 

V.  And  the  said  parties  hereby  mutually  covenant  and  agree,  to  and  with 
each  other,  that  during  the  continuance  of  the  said  copartnership  neither 
of  them  shall  nor  will  indorse  any  note,  or  otherwise  become  surety  for  any 
person  or  persons  whomsoever,  without  the  consent  of  the  other  of  the 
said  copartners.  Aiid  at  the  end  or  other  sooner  determination  of  their 
copartnership,  the  said  copartners,  each  to  the  other,  shall  and  will  make 
a  true,  just  and  final  account  of  all  things  relating  to  their  said  business, 
and  in  all  things  truly  adjust  the  same ;  and  all  and  every  the  stock  and 
stocks,  as  well  as  the  gains  and  increase  thereof,  which  shall  appear  to  be 
remaining,  either  in  money,  goods,  wares,  fixtures,  debts  or  otherwise,  shall 
be  divided  between  them. 


PAKTNERSHIP.  567 


Articles. 


[ffere  add  any  other  special  stipulations  which  may  be  desired.] 
In  witness  whereof,  the  parties  hereto  have  hereunto  interchangeably 
set  their  hands  and  seals,  the  day  and  year  first  above  written. 
Signed,  sealed  and  delivered )  [Signatures  and  8eal8.\(Jc) 

in  the  presence  of         ) 
[Signature  of  witness.] 

1095.  Articles  of  Copartnership  in  Hotel  Business. 

This  agrekmest,  made  the  day  of  i  18    ,  between  A.  B.,  of 

the  city  of  ,  of  the  first  part,  and  Y.  Z.,  of  the  same  place,  party  of 

the  second  part,  witness  That  the  said  parties  eth  :to  this  agreement  hereby 
form  with  each  other  a  copartnership,  and  agree  with  each  other  to  be  co- 
partners, for  the  purpose  of  purcliasing  the  lease,  furniture,  good-will  and 
fixtures  of  the  Hotel  in  the  city  of  ,  situated  in  street,  in 

the  city  of  ,  and  for  the  purpose  of  carrying  on  and  conducting  the 

business  of  keeping  said  hotel. 

The  firm  and  partnership  name  under  which  the  business  of  said  partner- 
nership  shall  be  conducted  and  carried  on  shall  be  B.  &  Co. ;  and  the  said 
partnership  shall  begin  on  the  day  of  the  date  hereof,  and  continue  till  the 
expiration  of  the  term  for  which  M.  N.  has  a  lease  of  said  hotel,  and  also 
till  the  expiration  of  any  term  or  time  for  which  the  parties  to  these  pres- 
ents, or  either  of  them,  may  hereafter  obtain  a  lease  of  said  hotel  from  the 
owners  thereof  during  said  present  lease. 

And  the  said  parties  to  this  agreement  mutually  agree  with  each  other, 
that  they  will  purchase  the  interest  of  M.  N.  in  the  lease  of  said  hotel,  and 
in  the  furniture  and  fixtures  and  good- will  thereof,  at  the  best  price  and  on 
the  best  terms  at  which  the  same  may  be  obtained ;  and  that  each  of  the 
parties  thereto  shall  contribute  equally  the  capital,  or  capital  and  securities, 
necessary  to  purchase  said  interest  of  said  M.  K  in  said  hotel  and  furniture, 
and  to  carry  on  said  business. 

And  the  said  parties  to  this  agreement  further  agree  with  each  other, 
that  each  shall  devote  his  whole  time,  attention,  talents  and  business  capa- 
city to  the  business  hereby  agreed  to  be  carried  on  by  them,  as  copartners 
as  aforesaid. 

[Covenants  as  to  accounts,  restrictions  on  individual  engagements,  etc.,  as 
in  Form  1095 ;  and  other  stipulations  as  may  ie  agreed;  see  Forms  1096 
to  1108.] 

1096.  Articles  of  Copartnership  Between  Lawyers.(l) 

Articles  of  copartnership. 

A.  B.,  C.  D.,  E.  F.  and  G.  H.  hereby  form  a  partnership  as  attorneys  and 
counsellors  under  the  name  of  B.  &  D.,  to  continue  for  three  years  from 
this  date ;  but  either  party  may  retire  on  one  month's  notice  in  writing. 

(k)  Seals  are  not  necessary.  the  articles  actually  adopted  by  one  of 

(i)  This  form,  though  very  brief  and  the  largest  and  most  extensively  em- 
simple  in  its  proviaions,  is  founded  on    ployed  firms  in  the  city  of  New  York. 


5Q^  ABBOTTS'  FORMS. 


Between  Lawyers. 


Mr.  B.  shall  receive  one-half,  Mr.  D.  and  Mr.  F.  each  one-fifth,  and  Mr. 
H.  one-tenth  of  aU  the  business  receipts,  inclading  counsel  fees  from  all 
sources,  and  deducting  expenses. 

Each  party  shall  devote  all  his  working  time  to  the  business  of  the  firm. 

All  receipts  shall  be  deposited  in  a  bank  to"  be  selected  by  the  firm,  in 
the  name  of  the  firm ;  and  after  current  expenses  are  paid,  shall  be  divided 
"whenever  there  is  a  sum  on  hand  exceeding  two  hundred  dollars. 

All  checks  shall  be  drawn  by  Mr.  F. 

Neither  member  of  the  firm  shall  become  indorser  or  security  in  any 
manner  for  any  other  person  without  the  consent  of  all  the  other  members 
of  the  firm.  [Signatures.] 

Dated  New  York,  18    . 

1097.  The  Same;  Adapted  to  a  Case  Where  One  Intends  to  Retire  in  Favor 

of  the  Other. 

Articles  op  agkkement,  made  this  day  of  »  18    ,  between 

A.  B.  and  Y.  Z.,  both  of  ,  attorneys  and  counsellors. 

Whereas,  A.  B.  is  desirous  to  be  relieved  of  the  active  management  and 
business  of  his  law  practice,  and  to  retire  therefrom,  and  Y.  Z.  is  disposed 
to  undertake  the  same  with  the  view  of  succeeding  A.  B.  therein : 

It  is  agreed  as  follows : 

I.  The  parties  hereto  hereby  enter  into  partnership  for  the  general  prac- 
tice of  law,  in  the  city  [or,  town]  of 

n.  A.  B.  places  his  office  at  No.  street,  in  said  city  [or,  town] 

and  the  furniture  and  fixtures  therein,  and  the  lease  thereof,  with  all  privi- 
leges and  expectation  of  renewals,  at  the  service  of  said  partnership,  but 
subject  to  all  the  covenants  in  said  lease  contained,  during  the  continuance 
of  this  partnership.  He  further  agrees  to  give  the  benefit  and  aid  of  his 
influence,  recommendation  and  general  assistance  and  advice  to  promote 
the  business  of  the  partnership  ;  and  that  he  will  not  be  pecuniarily  inter- 
ested in  any  other  law-office  in  said  city  [or,  town]  during  the  continuance 
thereof,  nor  for  five  years  thereafter.  But  it  is  understood  that  his  time 
will  not  be  extensively  required  in  the  tr^saction  of  the  ordinary  business 
of  the  office. 

III.  Y.  Z.  agrees  to  give  his  whole  time  and  attention  to  the  business  of 
the  partnership  hereby  created. 

IV.  He  further  agrees  to  take  the  whole  general  charge,  management 
and  direction  of  the  office  of  the  firm,  and  of  all  professional  business  in 
which  they  may  be  employed,  and  to  superintend  and  carry  forward  the 
same  with  activity,  industry  and  professional  skill ;  and  to  indemnify  A.  B. 
and  save  him  harmless  of  and  from  all  claims  and  demands  arising  out  ot 
any  neglect  or  mismanagement  of  any  business  in  which  the  firm  may  be 
employed,  excepting  any  neglect  or  mismanagement  of  the  said  A.  B. 

V.  Y.  Z.  further  agrees  to  keep  just  and  true  books  of  account  of  all  the 
business  of  the  firm,  which  shall  be  at  all  reasonable  times  open  to  the  in- 
spection of  A.  B. ;  and  that  he  will  on  the  first  day  of  each  calendar  month 
render  to  said  A.  B.  a  statement  in  writing  of  aU  receipts,  earnings,  costs 


PARTNERSHIP.  569 


Articles  of  Voluntary  Association. 


counsel  fees,  profits  or  commissions  received  in  or  through  said  business 
during  tlie  month  preceding,  and  that  he  will  at  the  same  time  pay  to  A.  B. 
one-half  [or  other  share  agreed  on]  of  the  gross  amount  thereof. 

VI.  Expenses  shall  be  defrayed  as  follows :  A.  B.  shall  pay  one-quarter 
of  the  rent,  and  of  the  expenses  of  lighting,  heating  and  cleaning  of  office, 
and  of  salary  of  one  clerk,  as  each  grows  due ;  and  shall  have  the  occupancy 
of  one-quarter  in  value  of  the  office,  the  part  to  be  such  as  he  shall  select. 
All  other  expenses  are  to  be  defrayed  by  Y,  Z. 

VII.  Appearances  may  be  entered  in  the  name  of  Y.  Z.  as  attorney. 

VIII.  The  partnership  hereby  formed  shall  continue  in  force  for 

year  from  the  date  of  these  articles ;  but  A.  B.  may  at  any  time  withdraw 
upon  giving  one  month's  notice  in  writing. 

IX.  Upon  any  dissolution  of  the  partnership  hereby  created,  except  one 
caused  by  the  death  or  other  incapacity  to  continue  business  of  Y.  Z.,  an  ac- 
count shall  be  stated  of  aU  sums  theretofore  earned  in  and  by  the  professional 
business  of  the  firm,  whether  the  same  be  by  the  usage  of  the  profession 
immediately  chargeable  and  collectable  from  the  clients  of  the  firm  or  not ; 
and  said  sums  shall  be,  from  time  to  time  as  opportunity  arises,  collected  by 
said  Y.  Z. ;  and  as  fast  as  any  of  them  be  collected  he  shall  pay  over  to  A. 
B.  or  his  representatives  the  same  share  thereof  which  he  would  have  been 
bound  to  pay  had  they  been  collected  during  the  partnership.  But  the 
general  good-will  of  the  business  of  the  firm,  and  of  the  lease  of  any  offices 
then  occupied  by  them,  shall  enure  to  the  benefit  of  and  belong  to  Y.  Z. 

And  the  said  A.  B.,  in  consideration  of  the  premises,  hereby  covenants 
to  and  with  the  said  Y.  Z.,  that  in  case  the  terms  and  conditions  of  this 
agreement  shall  be  fully  performed  by  the  said  Y.  Z.  throughout  the  term 
above  prescribed,  he  will  not,  without  the  consent  in  writing  of  Y.  Z.  first 
obtained,  carry  on  the  practice  of  law  in  said  city  [or,  town]  for  five  years 
from  the  expiration  of  said  term,  provided  the  said  Y.  Z.  shaU  continue  to 
practise  law  therein.  ISignaturea.] 

1098.  Articles  of  Voluntary  Association,  for  Carrying  On  a  Newspaper. 

Articles  of  association  made  and  entered  into  the         day  of  ,  in 

the  year  one  thousand  eight  hundred  and  ,  between  A.  B.  and  0.  D., 

of  the  city  of  ,  and  E.  F.,  of  the  city  of 

Fii-st.  The  said  parties  hereby  form  an  association  for  the  purpose  of 
establishing  and  publishing  a  daily  newspaper  in  the  city  of  ,  to  be 

called  "  The  New  Courier,"  and  a  weekly  newspaper  from  the  same  office, 
to  be  called  "The  New  Weekly  Courier,"  the  first  number  whereof  shall  bo 
issued  on  the        day  of  ,  or  as  soon  thereafter  as  shall  be  practicable. 

The  name  of  the  association  shall  be  A.  B.  &  Co.,  and  the  parties  above 
named  shall  be  the  sole  directors  thereof,  and  shall  have  the  management 
and  direction  of  its  aftairs,  according  to  the  judgment  of  the  majority,  sub- 
ject to  these  articles,  until  further  articles  in  writing  shall  be  made  in  the 
premises  and  signed  by  all  the  parties  hereto. 

Second.  The  business  of  the  said  association  shall  be  conducted  without 
incurring  debt,  except  for  salaries,  rent  and  paper ;  and  no  promissory  note 


570  ABBOTTS'  FORMS. 


Articles  of  Voluntary  Association. 


or  other  obligation  shall  be  made  in  the  name  of  the  association,  or  shall 
be  binding  on  either  of  said  parties,  unless  he  shall  have  himself  signed  it. 

Third.  The  said  A.  B.  shall  be  the  editor,  and  shall  have  the  entire  con- 
trol of  the  editorial  department  of  both  said  newspapers ;  and  may,  in  his 
discretion,  employ  such  assistants  and  correspondents  in  such  department 
as  may  be  necessary,  and  at  such  rates  of  compensation  as  shall  be  fixed  by 
the  directors.  The  said  A.  B.  shall  give  all  needful  attention  to  the  con- 
duct of  said  newspaper,  and  shall  be  entitled  to  receive  for  his  services  as 
editor  an  annual  salary  of  dollars,  payable  quarterly,  which  shall  be 

paid  as  part  of  the  expenses  of  said  newspaper. 

Fourth.  The  financial  and  mechanical  business  of  the  said  newspaper 
shall  be  managed  by  said  0.  D.  and  E.  F. ;  and  they  shall  give  all  needful 
attention  to  the  same.  They  shall  have  charge  of  the  publication  and 
printing  oflSces,  and  receive  and  disburse  all  moneys,  and  employ  such  me- 
chanics and  clerks  and  carriers,  and  other  business  agents,  as  may  be  neces- 
sary, at  such  rates  of  compensation  as  shaU  be  fixed  by  the  directors. 

They  shall  keep  full  and  accurate  books  of  account  of  the  receipts  and 
disbursements,  and  of  all  the  business  of  the  association,  and  of  the  resolu- 
tions and  orders  of  the  directors ;  and  the  same  shall  be  the  property  of 
the  association,  and  shaU  be  open  at  aU  times  to  the  examination  of  the 
directors  and  each  of  them. 

Fifth.  The  said  0.  D.  and  E.  F.  shall  each  contribute  in  cash  the  sum 
of  dollars,  being  dollars  in  all,  as  a  cash  capital  to  establish  and 

continue  said  newspapers. 

The  said  newspapers  and  the  good-will  thereof,  and  all  the  other  goods 
and  chattels,  rights,  credit  and  property  of  said  association,  as  they  shall 
from  time  to  time  exist,  shall  be  divided  into,  and  shall  always  consist  of, 
one  hundred  equal  shares,  to  be  called  capital  stock,  of  which  said  A.  B. 
shall  receive,  as  an  equivalent  for  his  editorial  ability,  shares ;  and 

said  0.  D.  and  E.  F.  each  shares,  as  an  equivalent  for  their  capital  and 

business  ability;  and  they  shall  all  receive  for  the  same  stock  certificates  or 
scrip,  signed  by  all  the  parties  hereto ;  and  all  the  profits  of  said  paper  shall 
be  divided  between  said  partners  in  the  proportion  of  the  stock  aforesaid ; 
and  if  the  said  sum  of  dollars  cash  shall  prove  insufficient  to  establish 

said  newspaper  in  easy  circumstances,  then  the  said  A.  B.,  0.  D.  and  E.  F. 
shall,  in  proportion  to  their  said  shares,  contribute  such  additional  sum  as 
may,  by  the  resolution  of  said  directors,  be  determined  to  be  necessary  to 
the  purpose ;  and  if  any  shall  fail  so  to  contribute,  then  those  contributing 
to  such  additional  sums  over  and  above  said  dollars  shall  thereafter 

be  entitled  to  receive  an  increased  share  of  the  profits — that  is  to  say,  in 
proportion  to  their  original  shares,  with  the  addition  of  such  additional 
contributions. 

The  profits  shall  be  ascertained  and  divided  on  the  first  day  of  and 

in  each  year,  or  at  such  other  times  as  may  be  fixed  by  the  direc- 
tors. 

Sixth.  Each  of  the  parties  hereto  shall  have  the  right  to  sell  any  portion 
of  his  shares  of  said  stock ;  but  before  selling  the  same  to  any  other  per- 
son, he  shall  offer  the  same  to  the  association,  giving  them  the  refusal 


PARTNERSHIP.  671 


Special  Provisions  for  Articles. 


thereof  for  days.    But  no  sale  of  any  such  shares  shall  give  to  any 

purchaser  thereof  any  right  to  interfere  in  the  conduct,  management  or  af- 
fairs of  said  newspapers,  or  either  of  them ;  and  no  such  purchaser  shall 
acquire  any  interest  whatever  in  the  profits  of  said  papers  till  he  shall  have 
received  a  certificate  or  scrip  for  his  said  shares,  signed  by  all  the  parties 
hereto,  and  duly  registered  in  a  book  kept  for  that  purpose ;  which  scrip 
shall  always  express  from  whom  the  said  shares  were  purchased,  and  shall 
certify  that  the  holder  of  said  scrip  takes  the  same  with  notice  of  and  sub- 
ject to  the  articles  of  association  between  the  parties  hereto,  and  is  entitled 
to  participate  in  proportion  to  his  shares  only  in  that  portion  of  the  profits 
which  may  be  assigned  to  the  party  so  selling  to  such  purchaser,  and  shall 
not  be  entitled  to  any  voice  or  agency  whatever  in  the  conduct,  control, 
management  or  afikirs  of  said  company  or  of  said  newspapers. 

Seventh.  These  articles  may  be  altered  at  any  time,  by  agreement  in  wri- 
ting, to  be  signed  by  aU  the  parties  hereto,  and  not  otherwise. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  set  their 
hands  and  seals,  the  day  and  year  first  above  written.  [Signatures.'] 

In  presence  of 
[Signature  of  witness^ 

1099.  Limit  of  Amount  to  ie  Drawn  Out  ty  Partners. 
Each  of  the  parties  may  draw  from  the  cash  of  the  joint  stock,  the  sum 
of  dollars  quarterly,  to  his  own  use,  the  same  to  be  charged  in 

account,  and  neither  of  them  shall  take  any  farther  sum  for  his  own  separate 
nse,  without  the  consent  of  the  other  in  writing ;  and  any  such  farther  sum, 
taken  with  such  consent,  shall  draw  interest  at  the  rate  of  per  cent., 

and  shall  be  payable,  together  with  the  interest  due,  within  days  after 

notice  in  writing  given  by  the  other  party. 

1100.  Another  Form. 

Neither  party  shall  withdraw  from  the  joint  stock,  at  any  time,  more 
than  his  share  of  the  profits  of  the  business  then  earned,  after  payment  of 
expenses  and  losses,  nor  shall  either  party  be  entitled  to  interest  on  his 
share  of  the  capital ;  but  if,  at  the  expiration  of  the  year,  a  balance  of  profits 
be  found  due  to  either  partner,  he  shall  be  at  liberty  to  withdraw  the  said 
balance,  or  he  may  leave  it  in  the  business,  if  the  other  partner  consent 
thereto,  in  which  case  he  shall  be  allowed  interest  on  such  balance  at  the 
rate  of  per  cent. ;  and  shall  give  notice  in  writing  of  intention 

to  withdraw  it,  before  he  shall  withdraw  it. 

1101.  Provision  for  Increase  of  Capital. 

Neither  party  shall  draw  out  any  part  of  the  profits  of  the  concern,  with- 
out the  consent  in  writing  of  the  other  parties,  until  the  capital  exceeds 
the  sum  of  dollars,  which  sum  of  dollars  shall  be  set  apart 

during  the  term  of  the  said  copartnership  as  a  joint  capital  for  the  purposes 
of  the  said  concern ;  but  when  the  capital  shall  exceed  the  said  sum  of 
dollars,  then  either  party  may  draw  out  the  whole  or  any  part  of  his  share 
of  the  profits  over  and  above  that  capital. 


572  ABBOTTS'  FORMS. 


Special  Provisions  for  Articles. 


1102.  Provisions  as  to  Departments  of  Service. 

The  said  Y.  Z.  shall  devote  and  give  all  his  time  and  attention  to  the 
business  of  the  said  firm  as  a  salesman,  and  generally  to  the  care  and 
superintendence  of  the  store ;  and  the  said  A.  B.  shall  devote  so  much  of 
his  time  as  may  be  requisite  in  advising,  overseeing,  and  directing  the  pur- 
chase and  importation  of  goods  necessary  to  the  said  business. 

1103.  Restriction  on  the  Power  of  Majority. 

No  purchase  or  other  contract,  involving  a  liability  of  more  than 
dollars,  nor  any  importation  from  abroad  shall  be  made,  nor  any  transaction 
out  of  the  usual  course  of  the  retail  business,  shall  be  undertaken  by  either 
of  the  partners,  without  the  previous  consent  and  approval  of  the  other 
partner. 

1104.  Provision  as  to  Liquidation  ty  Sale  at  Auction. 

Upon  the  expiration  of  the  aforesaid  term,  or  on  the  earlier  dissolution  of 
this  copartnership,  if  the  parties  or  their  legal  representatives  cannot  agree 
on  the  division  of  the  assets  and  the  apportionment  of  the  liabilities,  and 
do  not  refer  the  same  to  arbitration,  the  whole  copartnership  effects  [except 
the  debts  due  to  the  firm],  shall  be  sold  by  public  auction,  at  which  each  of 
the  parties  shall  be  at  liberty  to  bid  and  purchase  like  other  persons,  and 
the  proceeds  shall  be  divided,  after  payment  of  the  debts  of  the  firm,  in  the 
proportions  aforesaid. 

1105.  Stipulation  to  Refer  Disputes  to  Arl>itration.(m) 

If  at  any  time  hereafter,  and  before  the  accounts  between  the  parties 
concerning  the  said  partnership  shall  be  finally  settled  and  closed,  any  dis- 
pute or  difference  shall  arise  between  them  the  parties,  or  any  two  of  them, 
concerning  the  true  construction  of  any  thing  in  these  presents,  or  any 
accounts  to  be  stated  or  settled  in  pursuance  hereof,  or  the  valuation  of  the 
assets,  or  any  thing  relating  to  the  partnership,  or  the  concerns  thereof,  or 
out  of  the  acts  or  omissions  of  either  party  to  this  agreement,  then  and  so 
often  as  the  same  shall  happen,  all  such  matters  in  difference  shall  be  sub- 
mitted and  referred  to  the  award  and  determination  of  three  arbitrators,  to 
be  chosen,  one  by  each  of  the  parties  to  this  agreement,  and  the  third  ar- 
bitrator shall  be  chosen  by  the  two  chosen  by  the  parties  to  this  agreement, 
and  the  decision  and  award  of  any  two  of  the  three  arbitrators  [in  writing] 
shall  be  binding  and  final  between  the  parties  to  this  agreement,  and  bind- 
'jig  on  them,  and  shall  be  carried  out  and  performed  by  them.(ra) 

{m)  This  provision  is  a  very  useful  one,  (n)  For  fuller  provisions  as  to  clioosing 

as  the  equity  of  it  will  generally  enable  umpire,  and  as  to  the  time  within  which 

the  parties  to  come  to  a  settlement  accord-  au  award  must  be  made,  see  the  chapter 

ingly,  although  it  is  not  specifically  en-  on  Akbitbation. 
forceable  in  th«  courts. 


PARTITEESHIP.  573 


Special  Provisions  in  Articles. 


1106.  Provision  for  Offer  to  Buy  or  Sell.{o) 

On  the  dissolution  of  the  said  copartnership,  either  party  may  make,  in 
writing,  an  offer  to  the  other  of  the  price  at  which  he  will  buy  the  interest 
of  the  other,  or  sell  to  the  other  his  own  interest ;  and  such  other  party 
shall  thereupon,  within  days,  signify  his  election  whether  he  will  buy 

or  sell  at  that  price ;  and  if  he  fails  to  do  so  by  notice,  in  writing,  within  that 
time,  the  party  making  such  offer  may,  within  days,  buy  or  sell  at  his 

own  election  according  to  his  offer. 


HOY.  Provision  for  Dissolution  on  Notice. 

In  case  of  the  violation  of  any  of  the  foregoing  covenants  and  obligations 
by  either  of  the  parties  hereto,  the  other  party  may,  at  his  option,  dissolve 
this  copartnership  by  giving  the  parties  written  notice  of  his  election  so  to 
do,  within  days  after  being  informed  of  such  violation.    After  the 

expiration  of  the  first  years  of  said  copartnership,  either  party  may 

at  his  election  dissolve  the  partnership,  by  giving  months'  previous 

notice  in  writing,  of  his  intention  so  to  do. 


1108.  Provision  that  After  a  Dissolution,  the  Retiring  Partner  Shall  Not 
Carry  On  the  Trade,  or  Disclose  Secrets. 

tlpon  and  after  the  expiration  of  the  said  term,  or  other  sooner  termina- 
tion of  the  partnership,  except  it  be  terminated  by  reason  of  the  violation, 
default  or  death  of  the  other  party,  the  partner  retiring  shall  not  at  any 
time,  either  alone,  or  jointly  with,  or  as  agent  for  any  person  either  directly 
or  indirectly,  set  up,  exercise  or  carry  on  the  said  trade  or  business  of  , 

within  miles  from  aforesaid ;  and  shall  not  set  up,  make  or  en- 

courage any  opposition  to  the  said  trade  or  business  hereafter  to  be  carried 
on  by  the  other  party  or  his  representatives  or  assigns,  nor  do  any  thing  to 
the  prejudice  thereof;  and  shall  not  divulge  to  any  person  any  of  the 
secrets,  accounts  or  transactions  of,  or  relating  to  the  said  copartnership. 
And  for  any  violation  of  this  stipulation,  the  parties  bind  themselves  to  each 
other  in  the  sum  of  dollars  to  be  deemed  liquidated  damages,  and  in 

total  extinction  of  this  covenant,  and  not  in  the  nature  of  a  penalty. 


1109.  Agreement  to  Continue  the  Partnership  ;  to  "be  Indorsed  on  Articles. 

"Whereas  the  partnership  evidenced  by  the  within  articles  of  agreement 
has  this  day  expired  by  the  limitations  contained  herein  [or,  will  expire  on 
the        day  of  next],  it  is  hereby  agreed  that  the  same  shall  be  con- 

tinued on  the  same  terms,  and  with  aU  the  provisions  and  restrictions  therein 

(o)  Such  a  provision  as  this  affords  a  affairs,  where  the  shares  are  exactly  de« 
very  convenient  mode  of  liquidating  the    fined. 


574  ABBOTTS'  FORMS. 


Dissolution  of  Partnership. 


contained,  for  the  farther  term  of  years  from  this  date  [or,  from  the 

day  of  next]. 

In  witness  [etc.,  as  in  Form  1094]. 


1110.  Notice  hy  one  Partner  to  Another,  to  Determine  a  Partnership,  Under 
a  Power  Heserved  for  the  Purpose. 

PuBSXTiLNT  to  the  power  for  this  purpose  contained  in  certain  articles  of 
partnership,  dated  the        day  of  ,  and  made  between  you  of  the  one 

part  and  me  of  the  other  part,  I  hereby  give  jou  notice  that  it  is  my  inten- 
tion to  determine  the  partnership  now  subsisting  between  us  under  the 
said  articles  forthwith  [or,  at  the  expiration  of  moaths,  to  be  com- 

puted from  the  date  heveof].(p) 

[Date.]  [Signature.] 

[Address  to  other  partner."] 


1111.  Memorandum  of  Dissolution  Indorsed  on  the  Articles, 

By  mutual  consent  of  the  parties  to  the  within  agreement,  the  partner- 
ship thereby  formed  is  wholly  dissolved,  except  so  far  as  it  may  be  neces- 
sary to  continue  the  same  for  the  final  liquidation  and  settlement  of  the 
business  thereof;  and  said  agreement  is  to  continue  in  force  until  such  final 
liquidation  and  settlement  be  made,  and  no  longer.  A.  B.  only  [or,  each  of 
the  parties]  is  authorized  to  sign  in  liquidation. 

In  wrrNBSS  [etc.,  as  in  Form  1094]. 


1112.  Advertisement  of  Dissolution. 

NoTiOK  is  hereby  given,  that  the  partnership  lately  subsisting  between 
A.  B.  and  Y.  Z.,  of  ,  under  the  firm  of  B.  and  Z.,  expired  on  the 

day  of  [or,  was  dissolved  on  the        day  of  ,  by  mutual  consent, 

or,  pursuant  to  the  terms  of  the  articles].  All  debts  owing  to  the  said 
partnership  are  to  be  received  by  said  A.  B.,  and  all  demands  on  the  said 
partnership  are  to  be  presented  to  him  for  payment  [or,  A.  B.  is  authorised 
to  settle  all  debts  due  to  and  by  the  firm]. 

[Date.]  [Signature  of  partners.] 

1113.  Advertisement  of  a  Pa/rtnerh  Retiring. 

Notice  is  hereby  given,  that  the  partnership  between  A.  B.,  0.  D.  and 
E.  F.,  was  dissolved  on  the        day  of  ,  so  far  as  relates  to  the  said 

E.  F.  All  debts  due  to  the  said  partnership,  and  those  due  by  them,  will 
be  settled  with  and  by  the  remaining  partners  [who  will  continue  the  busi- 
ness under  the  firm  of  B.  &  D.] 

[Date^  [Signatures  of  the  partners.] 

(p)  If  the  dlBsolntioQ  is  because  of  a  violation  of  the  articles,  state  it  briefly. 


PARTNERSHIP.  676 


Limited. 


IT.  Limited  oe  Special  Paetneeships. 
1114.  Certificate  of  Formation  of  Limited  Partnership. 

This  is  to  oeetify,  that  the  undersigned  have  formed  a  limited  partner- 
ship, pursuant  to  the  provisions  of  the  Revised  Statutes  of  the  State  of  New 
York.  That  the  name  or  firm  under  which  such  partnership  is  to  be  con- 
ducted is  .  That  the  general  nature  of  the  business  to  be  transacted 
is  \Jiere  specify  it — e.  g.,  thus :]  buying  and  selling  [on  commission]  hardware 
and  house-furnishing  goods,  and  such  articles  as  are  usually  dealt  in  by 
dealers  in  such  ware  and  goods.  That  the  names  of  all  the  general  and 
special  partners  are  as  follows :  A.  B.,  who  resides  at  ,  and  0.  D., 
who  resides  at  ,  are  the  general  partners;  and  E.  F.,  who  resides  at 
,  and  G.  H.,  who  resides  at  ,  are  the  special  partners ;  and  that 
the  said  E.  F.  has  contributed  the  sum  of  dollars,  and  G.  H.  the  sum 
of  dollars,  as  capital  to  the  common  stock;  and  that  the  said  partner- 
ship is  to  commence  on  the  day  of  ,  and  is  to  terminate  on  the 
day  of           ,  18    . 

Dated  this         day  of  ,  one  thousand  eight  hundred  and 

[Signatures.'] 

[Add  acJcnowledgment  or  proof,  as  if  it  were  a  deed  of  lands.  See  pp.  65 
io  61,  ante.} 

1115.  Affidavit  of  Payment  of  Capital. 

OOXTNTY  OP  ,  ss. 

A.  B.,  being  duly  sworn,  says,  that  he  is  the  general  partner  [or,  one  of 
the  general  partners]  named  in  the  above  certificate,  and  that  the  sum  spe- 
cified in  the  said  certificate  to  have  been  contributed  by  the  [or,  each]  spe- 
cial partner  to  the  common  stock,  has  been  actually,  and  in  good  faith,  paid 
in  cash. 

Sworn  before  me,  this        day  of  ,  18    .  [Signature.] 

[Signature  of  officer.] 

1116.  Designation  of  Newspapers  in  Which  Publication  is  to  he  Made. 

Let  the  terms  of  the  limited  partnership  between  A.  B.,  0.  D.  and  E.  F. 
be  pubhshed  in  the  and  the  ,  which  papers  are  published  in 

,  in  County. 

[Signature  of]  Clerk  of  the  County  of  . 

1117.  Affidavit  of  Publication,  by  Printer  of  Newspaper. 

OoTTNTY  OP  ,  ss. 

A.  B.,  being  duly  sworn,  says,  that  he  is  printer  of  the  newspaper  known 
as  the  [insert  name  of  newspaper],  published  daily  or  weekly,  at  [insert  place 
of  its  publication],  and  that  the  advertisement,  a  copy  whereof  is  hereto 
annexed,  was  published  in  said  newspaper,  for  six  weeks  successively — that 


576  ABBOTTS'  FORMS. 


Patents. 


is  to  say,  in  the  issues  of  said  newspaper,  dated  respectively  the        day  of 
,  the         day  of  ,  the         day  of  ,  the         day  of  , 

the        day  of  ,  and  the        day  of  [inserting  here  iTie  dates 

when  th^  advertisement  appeared]. 

SwoBN  [etc.,  as  in  Form  1115].  [Signature.] 


1118.  Certificate  of  Continued  Use  of  Firm-Rame. 

Whkbeas  the  copartnership,  heretofore  existing  under  the  firm-name  of 
A.,  B,  &  Co.,  has  heen  dissolved  by  the  retirement  of  B.,  but  the  business 
is  to  be  continued  by  the  subscribers,  one  of  whom  was  a  copartner  in  said 
firm.  And  whereas  the  said  copartnership  had  business  relations  with 
foreign  countries  [or,  was  a  copartnership  within  this  State,  and  had  con- 
ducted business  therein  for  a  period  of  five  years — or,  was  a  limited  partner- 
ship formed  under  the  laws  of  this  State,  and  A.  and  0.,  members  thereof, 
are  the  general  partners — or,  a  majority  of  the  general  partners]  in  the  con- 
tinued partnership  hereinafter  referred  to,  as  specified  in  the  act  of  the 
Legislature  of  the  State  of  New  York,  entitled  "An  Act  allowing  the  con- 
tinued use  of  copartnership  names  in  certain  cases,"  and  the  acts  amending 
the  same.  Now,  theeefoke,  we.  A.,  C.  and  D.,  whose  places  of  abode  are 
in  the  city  of  ,  and  E.,  whose  place  of  abode  is  in  the  city  of  , 

do  hereby  certify,  pursuant  to  smd  statute,  that  we  are  the  persons  now 
and  hereafter  dealing  under  the  said  firm-name  of  A.,  B.  &  Co, 

[Date.]  [Signatures.] 

[Add  achiowledgment(q)  dy  signers,  as  in  Forma  105-108.] 


CHAPTER   LXYIII. 

PATENTS. 


This  chapter  embraces  only  forms  connected  with  Letters  Patent  issued  by 
the  United  States,  for  inventions,  designs,  etc.  The  laws  of  many  foreign 
countries  allow  Americans  to  take  out  patents  there,  but  this  subject  is  not 
here  embraced,  nor  are  Patents  for  Lands. 

Both  citizens  and  aliens  are  here  allowed  to  take  out  patents.  In  case  of 
death  of  the  actual  inventor,  the  patent  will  be  issued  to  his  representatives. 

Although  one,  in  this  country,  has  made  an  invention  imassisted  by  know- 
ledge of  any  similar  one,  he  will  not  be  allowed  a  patent,  if  his  invention  has 
been  previously  patented  or  described  in  any  printed  publication  in  this  or  any 
foreign  coimtry,  or  has  been  invented  or  discovered,  so  as  actually  to  reduce  it 
to  practical  working  form,  in  this  country. 

iq)  The  statute  does  not  provide  for  proof  by  a  subscribing  witness  instead  of 
acknowledgment. 


PATENTS.  577 


Reissues.  Extensions.  Designs.  Fees. 

In  obtaining  a  patent  the  applicant  prepares  and  forwards  to  the  commis- 
sioner of  patents  a  petition,  accompanied  by  a  specification  in  which  the 
peculiar  features  of  the  invention  are  described  and  the  patent  claimed  is 
defined,  and  by  the  affidavit  of  the  inventor,  and  by  appropriate  drawings  and 
working  model.  The  claim  is  examined,  usually  in  its  regular  order,  in  the 
Patent  Office  at  Washington,  and  if  allowed,  the  patent  is  made  out  and  for- 
warded to  the  applicant.  If  it  is  disallowed,  the  petitioner  has  a  privilege  of 
several  successive  appeals. 

When  a  patent  has  been  issued  and  is  afterwards  found  to  be  invalid  by 
reason  of  a  defective  specification,  if  the  error  arose  from  honest  inadvertence, 
accident  or  mistake,  the  patent  may  be  surrendered,  and  a  new  and  correct 
one  issued  in  its  place.     This  is  called  a  reissue. 

Patents  granted  prior  to  March  2,  1861,  may  be  extended  by  the  commis- 
sioner of  patents  for  seven  years  beyond  the  original  term  (fourteen  years), 
provided  the  commissioner  is  satisfied  that  the  invention  is  novel ;  that  it  is 
useful,  and  valuable  and  important  to  the  pubhc ;  that  the  inventor  has  not 
been  adequately  remunerated  for  it,  and  that  he  has  used  due  diligence  in 
introducing  it  to  use.  Patents  for  inventions  granted  since  that  day  are  issued 
for  seventeen  years,  and  cannot  be  extended. 

A  citizen,  or  an  alien  who  has  resided  one  year  here  and  made  oath  of  in- 
tention to  become  a  citizen,  can  file  in  the  Patent  Office  a  caveat ;  containing  a 
general  description  of  any  invention  he  has  made,  but  has  not  yet  sufficiently 
perfected  to  enable  him  to  apply  for  a  patent  for  it.  He  is  then  entitled  to 
notice  from  the  Patent  Office  of  any  application  made  within  one  year  for  a 
patent  for  the  same  invention,  and  to  have  an  opportunity  to  prove  that  he  is 
the  original  inventor,  and  the  person  really  entitled  to  a  patent.  At  the  end 
of  a  year  the  caveat  may  be  renewed,  and  so  on  from  year  to  year. 

The  assignee  of  any  invention  may  have  the  patent  issue  to  him  directly ; 
but  this  is  held  to  apply  only  to  assignees  of  entire  interests.  Although  when 
the  inventor  assigns  his  entire  interest  to  two  or  more,  a  patent  will  issue  to 
them  jointly,  still,  if  he  retains  a  portion  in  himself,  a  joint  patent  will  not 
be  issued  to  him  and  them ;  the  inventor,  however,  may  make  himself  an 
assignee  of  a  part  interest  of  his  invention.  An  inventor  can  assign  his  entire 
right  before  a  patent  is  obtained,  so  as  to  enable  the  assignee  to  take  out  a 
patent  in  his  own  name,  but  the  assignment  must  first  be  recorded  and  the 
specification  sworn  to  by  the  inventor. 

After  a  patent  is  obtained  the  patentee  may  grant  the  right  to  make  or  use 
the  thing  patented  in  any  specified  portion  of  the  United  States. 

Every  assignment  or  grant  should  be  recorded  within  three  months  from  its 
date ;  but  if  recorded  after  that  time  it  will  protect  the  assignee  or  grantee 
against  any  one  purchasing  after  the  assignment  or  grant  is  placed  on  record. 

When  the  patent  is  to  issue  in  the  name  of  the  assignee,  the  entire  corre- 
spondence should  be  in  his  name. 

Patents  are  now  granted  for  designs ;  that  is,  for  artistic  figures,  pictures, 
ornaments,  etc.,  intended  to  be  worked  in  or  painted  or  printed  upon  articles 
of  manufacture.  These  may  be  obtained  for  three  and  a  half  years,  seven 
years  or  fourteen  years,  at  the  election  of  the  inventor. 

Fees  are  payable  in  advance ;  the  principal  ones  required  in  obtaining, 
patents  are : 

On  designs,  according  to  term  applied  for $10,  $15  or  $30 

On  a  caveat 10 

On  applying  for  a  patent 15. 

On  the  issuing  of  a  patent 20 

On  filing  a  disclaimer 10 

On  a  reissue 30 

For  copies  of  papers,  on  every  100  words 0.10 

Money  may  be  remitted  to  the  Patent  Office,  by  mail  or  otherwise,' at  the  risk, 
of  the  owner,  or  may  be  paid  to  either  of  the  following  officers,  and  his  receipt 
sent  to  the  Patent  Office. 
37 


578  ABBOTTS'  FORMS. 


Conduct  of  Patent  Business. 


The  assistant  treasurer  of  the  U.  S.,  at  Boston,  Mass. ;  at  New  York  City; 
at  St.  Louis,  Mo. ;  and  at  San  Francisco,  Cal. ;  treasurer  of  the  mint,  Philadel- 

ghia,  Pa.  ;  surveyor  and  inspector,  Pittsburgh,  Pa. ;  collector  of  customs  at 
laltimore,  Md. ;  and  at  BuflFalo  Creek,  N.  Y. ;  surveyor  of  the  customs,  Cincin- 
nati, 0. ;  receiver  of  public  moneys,  at  Jeffersonville,  Ind. ;  at  Chicago,  111. ; 
and  at  Detroit,  Mich. ;  and  any  National  Bank  which  has  been  designated  a 
depository  of  public  moneys. 

All  ordinary  business  connected  with  obtaining  patents  may  be  carried  on 
as  well  by  correspondence  as  by  the  personal  attendance  of  the  party.  Letters 
should  be  addressed  to  the  commissioner  of  patents,  Washington,  D.  C. 

Pamphlets  containing  the  patent  laws,  and  directions  for  proceedings  in  the 
Patent  Office  are  issued  by  the  office,  and  may  be  had  by  addressing  the  com- 
missioner. New  editions  are  published  annually,  being  corrected  to  conform 
to  the  existing  state  of  the  law.  If  correctly  followed,  they  are  a  sufficient 
guide  in  ordinary  cases  ;  but  more  experience  is  necessary  than  is  often  sup- 
posed, to  enable  an  applicant  to  frame  his  specification  and  claim  aright.  In 
respect  to  these  the  general  rule  is,  that  the  invention  must  be  so  fully  and 
accurately  described  aa  to  enable  any  person  skilled  in  the  proper  branch 
of  art  or  science,  to  make  and  use  the  thing  for  which  the  patent  is  asked  ;  and 
the  parts  for  which  a  patent  is  asked  must  be  defined  with  precision.  Unless 
the  invention  is  unusually  simple,  or  the  inventor  has  more  than  average  ex- 
perience in  framing  legal  instruments,  it  is  wise  to  consult  a  reliable  patent 
agent  or  an  experienced  patent  lawyer. 

FAOB 

1119.  Petition  for  a  patent  for  an  invention 578 

1120.  General  form  of  specification  for  a  new  machine 579 

1121.  General  form  of  specification  for  an  improvement  upon  an  existing  machine,  581 

1122.  Example  of  a  specification  for  an  improvement  in  the  steam-engine 581 

1123.  Oath  by  a  citizen 582 

1124.  Oath  by  an  alien  who  has  taken  steps  to  become  naturalized 582 

1125.  Petition  for  a  patent  for  a  design 582 

1126.  Specification  for  a  design 588 

1127.  Oath  to  latter  petition  by  a  citizen 684 

1128.  Oath  by  an  alien  who  has  taken  steps  to  become  a  citizen 684 

1129.  Amendments  to  specification 584 

1130.  Appeal  to  examiners-in-chief  from  decision  rejecting  application 585 

1131.  Surrender  of  a  patent  for  reissue 685 

1182.  Oath  to  application  for  a  reissue 586 

1133.  Disclaimer  by  an  assignee 686 

1134.  Caveat 587 

1 135.  Deposition  to  be  used  in  contested  cases  in  the  Patent  Oflfice 588 

1136.  Certificate  to  be  annexed  by  magistrate 689 

1137.  Superscription  to  be  written  on  the  envelope  containing  the  deposition.. . .  689 

1119.  Petition  for  a  Patent  for  an  Invention.{a) 

To  the  commissioner  of  patents  : 

The  petition  of  A.  B.,  of  ,  in  the  county  of  ,  and  State 

of  ,  repectfully  represents : 

THA.T  your  petitioner  has  invented  a  new  and  improved  mode  of  prevent- 
ing steam-boilers  from  bursting  [or  otherwise  designate  the  general  nature 

(a)  The  petition  must  be  written  in  the  is  to  issue  to  an  assignee.    If  the  inventor 

English  language,  addressed  to  the  coin-  is  dead,  the  petition  may  be  made  by  his 

missioner  of  patents  and  signed  by  the  executor  and  administrator, 
inventor,  if  alive ;  even  thougli  the  patent 


PATENTS. 


679 


Specificatiou  for  a  Machine. 


of  the  invention],  which  he  verily  believes  has  not  been  known  or  used  prior 
to  the  invention  thereof  by  your  petitioner.  He  therefore  prays  that  letters 
patent  of  the  United  States  may  be  granted  to  him  therefor,  vesting  in  him 
and  bis  legal  representatives  the  exclusive  right  to  the  same,  upon  the  terms 
and  conditions  expressed  in  the  acts  of  Congress  in  that  case  made  and  pro- 
vided ;  he  having  paid  fifteen  dollars  into  the  treasury,  and  complied  with 
the  other  provisions  of  the  said  acts.  A.  B. 


1120.  General  Form  of  Specification  for  a  Rew  Machine.^)) 

Be  it  known,  that  I,  A.  B.,  of  ,  in  the  county  of  ,  and  State 

of  ,  have  invented  a  new  and  useful  machine  for  [state  the  use  and 

title  of  the  machine^  *  and  I  do  hereby  declare  that  the  following  is  a  full, 
clear  and  exact  description  of  the  construction  and  operation  of  the  same ; 


{b)  The  applicant  must  set  forth  in  his 
specification  the  precise  invention  for 
which  he  claims  a  patent. 

In  all  applications  for  mere  improve- 
ments, the  specification  must  distinguish 
between  what  is  admitted  to  be  old  and 
what  is  described  and  claimed  to  be  the 
improvement,  bo  that  the  office  and  the 
public  may  understand  exactly  for  what 
the  patent  is  granted. 

Two  or  more  distinct  inventions  may 
not  be  claimed  under  one  application  for 
letters  patent.  No  positive  rules  for 
guidance  can  be  laid  down  on  this  point; 
but  in  general,  where  there  are  several 
parts  or  elements  of  a  machine,  art, 
process,  manufacture  or  composition  of 
matter,  having  no  necessary  or  dependent 
connection  with  each  other,  and  each  sus- 
ceptible of  separate  and  distinct  use  or 
application,  either  by  itself  or  in  other 
connections,  all  set  forth  and  claimed 
under  one  application  for  letters  patent, 
the  Patent  Office  requires  the  party  to 
divide  the  application  and  confine  the 
claim  to  whichever  invention  he  may  elect. 

Where  a  principle  of  operation  or  con- 
struction is  invented  or  discovered,  the 
party  is  allowed  to  claim  the  principle 
broadly,  and  one  mode  of  carrying  it  into 
operation. 

The  specification  must  be  signed  by  the 
inventor  (or  if  the  inventor  be  dead,  by 
his  executor  or  administrator).  It  should 
describe  the  sections  of  the  drawings 
(where  there  are  drawings),  and  refer  by 
letters  and  figures  to  the  different  parts. 
It  must   be  attested  by   two  witnesses. 


The  substantial  requisites  of  the  specifica- 
tion are  set  forth  in  the  act  of  Congress 
of  July  4,  1836  ;  section  six  of  which  pre- 
scribes, that' "before  any  inventor  shall 
receive  a  patent  for  any  such  new  inven- 
tion or  discovery,  he  shall  deliver  a  written 
description  of  his  invention  or  discovery, 
and  of  the  manner  and  process  of  making, 
constructing,  using  and  compounding  the 
same,  in  such  full,  clear  and  exact  terms, 
avoiding  unnecessary  prolixity,  as  to 
enable  any  person  skilled  >'.  the  art  or 
science  to  which  it  appertains,  or  with 
which  it  is  most  nearly  connected,  to 
make,  construct,  compound  and  use  the 
same ;  and  in  case  of  any  machine,  he 
shall  fully  explain  the  principle,  and  the 
several  modes  in  which  he  has  contem- 
plated the  application  of  that  principle  or 
character  by  which  it  may  be  distinguished 
from  other  inventions ;  and  shall  particu- 
larly specify  and  point  out  the  part,  im- 
provement or  combination  which  he  claims 
as  liis  own  invention  or  discovery.  He 
shall,  furthermore,  accompany  the  whole 
with  a  drawing  or  drawings,  and  written 
references,  where  the  nature  of  the  case 
admits  of  drawings ;  or  with  specimens 
of  ingredients,  and  of  the  composition  ot 
matter,  sufficient  in  quantity  for  the  pur- 
pose of  experiment,  where  the  invention 
or  discovery  is  of  a  composition  of  matter ; 
which  descriptions  and  drawings,  signed 
by  the  inventor,  and  attested  by  two  wit- 
nesses, shall  be  filed  iu  the  Patent  Office  ; 
and  he  shall,  moreover,  furnish  a  model 
of  his  invention,  in  jul  cases  which  admit 
of  a  representation  by  model,  of  a  con- 


580 


ABBOTTS'  FORMS. 


Drawings  and  Models. 


reference  being  had  to  the  annexed  drawings,  making  a  part  of  this  specifi- 
cation— in  which,  figure  one  is  a  perspective  view ;  figure  two  a  longitudinal 
elevation ;  figure  three  a  transverse  section,  etc.  [thus  describe  all  the  sections 
of  the  drawings,  and  then  refer  to  the  parts  by  letters]. 

[Then  follows  the  description  of  the  construction  and  operation  of  the 
machine  ;  and  lastly  the  claim,  which  should  express  the  nature  and  character 
of  the  invention,  and  identify  the  parts  claimed  separately  or  in  combination.] 


venient  size  to  exliibit  advantageously  its 
several  parts." 

The  drawings  must  be  signed  by  the 
applicant,  and  attested  by  two  witnesses. 
Tliey  must  be  neatly  and  artistically 
executed  in  fast  colors,  on  one  or  more 
sheets  separate  from  the  specification,  the 
size  of  the  sheets  to  be  twenty  inches  from 
lop  to  bottom,  and  fifteen  across,  this 
being  the  size  of  the  patent.  One  of  these 
drawings,  to  be  kept  in  the  office  for 
reference,  must  be  on  thick  drawing- 
paper,  sufficiently  stiff  to  support  itself 
upright  in  the  portfolios.  Tracings  upon 
cloth,  pasted  upon  thick  paper,  will  not 
be  admitted.  The  other  drawing,  which 
is  to  be  attached  to  the  patent,  must  have 
ft  margin  of  one  inch  at  least  for  that  pur- 
pose on  the  right-hand  side,  and  should 
be  on  tracing  muslin,  which  will  bear 
folding  and  transportation,  and  not  on 
paper.  The  drawings  should  generally 
be  in  perspective,  with  such  detached 
sectional  and  plane  views  as  to  clearly 
show  what  is  the  invention,  its  construc- 
tion and  operation.  All  thick  drawings 
should  be  colored  and  shaded ;  and  when 
different  materials  are  united  in  a  machine, 
as  steel  and  iron,  or  wood  and  metal,  the 
distinction  should  be  indicated  by  dif- 
ferent colors  on  the  drav.'ings.  Each  part 
must  be  distinguished  by  the  same  num- 
ber or  letter,  whenever  that  part  is  de- 
lineated in  the  drawings. 

Applicants  are  advised  to  employ  com- 
petent artists  to  make  the  drawings,  which 
will  be  returned  if  not  executed  in  con- 
formity with  these  rules.  Thick  drawings 
should  never  be  folded  for  transmission. 

A  model  is  required  in  every  case  where 
tlic  nature  of  the  invention  admits  of  such 
illustration. 

The  mod^l  must  be  neatly  and  substan- 
tially made  of  durable  material,  and  not 
moie  than  one  foot  in  length  or  in  height, 
unl  jss  a  larger  model  is  necessary  to  ex- 
hibit the  invention.    If  made  of  pine  or 


other  soft  wood,  it  should  be  painted, 
stained  or  varnished.  Models  filed  as 
exhibits,  in  interference  and  other  cases, 
may  be  returned  to  the  applicant,  at  the 
discretion  of  the  commissioner. 

A  working  model  is  always  desirable, 
in  order  to  enable  the  office  fully  and 
readily  to  understand  the  precise  opera 
tion  of  the  machine.  The  name  of  the 
inventor  (and  also  of  the  assignee,  if  the 
invention  has  been  assigned),  and  also 
the  title  of  the  invention,  must  be  fixed 
upon  it  in  a  permanent  manner. 

When  the  invention  is  a  composition  of 
matter,  a  specimen  of  each  of  the  in- 
gredients and  of  the  composition  must 
accompany  the  application,  and  the  name 
of  the  inventor  and  c*"  the  assignee  (if 
there  be  one)  must  be  permanently  affixed 
thereto. 

When  a  work  of  design  can  be  suf- 
ficiently represented  by  a  drawing,  a 
model  will  not  be  required. 

Photographs  are  admitted  for  the  illus- 
tration of  works  of  design,  and  must  bo 
pasted  on  thick  drawing-paper  and  tracing 
muslin,  of  the  size  prescribed  for  draw- 
ings ;  but  in  every  case  where  this  mode 
of  illustration  is  employed  by  an  applicant 
for  a  patent,  he  will  be  required  to  deposit 
in  the  office  the  glass  or  other  "  negative" 
from  which  the  photograph  is  printed,  so 
that  exact  official  copies  may  be  made 
therefrom  when  desirable. 

It  is  strongly  recommended  that  every 
thing  needed  to  make  the  application 
complete,  the  petition,  specification  and 
oath,  the  drawings  and  models,  nr  speci- 
mens of  ingredients,  and  the  fee,  or  United 
States  officer's  receipt  for  payment  of  the 
amount,  should  all  be  forwarded  at  one 
and  the  same  time.  No  advantage  is 
gained  by  forwarding  one  before  another, 
as  no  application  is  put  upon  file  in  the 
office  for  examination,  until  all  have  been 
received. 


PATENTS.  581 


Specification  for  an  Improvement. 


1121.  General  Form  of  Specification  foi'  an  Improvement  Upon  an  Existing 

Machine. 

Be  it  known,  that  I,  A.  B.,  of  ,  in  the  county  of  ,  and  State 

of         ,  have  invented  a  new  and  useful  improvement  on  a  [or,  on  the] 
machine,  etc.  [continue  as  in  preceding  form  from  the  *,  except  that  in 
stating  the  claim,  the  existing  machine  should  he  disclaimed,  and  the  claim 
confined  to  the  improvement]. 


1 1 22.  Example  of  a  Specification  for  an  Improvement  in  the  Steam-Engine.{c) 

To  ALL  WHOM  IT  MAY  OONOKEN : 

Be  it  known,  that  I,  A.  B.,  of  ,  in  the  county  of  ,  in  the  State 

of  ,  have  invented  a  new  and  improved  mode  of  preventing  steam- 

boilers  from  bursting ;  and  I  do  hereby  declare  that  the  following  is  a  full 
and  exact  description  thereof,  reference  being  had  to  the  accompanying 
drawings,  and  to  the  letters  of  reference  marked  thereon. 

The  nature  of  my  invention  consists  in  providing  tlie  upper  part  of  a 
steam-boiler  with  an  aperture  in  addition  to  that  for  the  safety-valve ;  whicb 
aperture  is  to  be  closed  by  a  plug  or  disk  of  alloy,  which  will  fuse  at  any 
given  degree  of  heat,  and  permit  the  steam  to  escape,  should  the  safety- 
valve  fail  to  perform  its  functions. 

To  enable  others  skilled  in  the  art  to  make  and  use  my  invention,  I  will 
proceed  to  describe  its  construction  and  operation.  I  construct  my  steam- 
boiler  in  any  of  the  known  forms,  and  apply  thereto  gauge-cocks,  a  safety- 
valve,  and  the  other  appendages  of  such  boilers ;  but,  in  order  to  obviate 

(c)  Tlie  chief  demand  for  pains  and  4,  1836,  prescribes  the  general  requisites 
skill  in  the  preparation  of  patent  papers  of  the  oath,  as  follows :  The  applicant 
is  in  the  drafting  tlie  specification  and  shall  make  oath  or  affirmation  that  he 
claim.  It  is  impracticable,  however,  to  does  verily  believe  that  he  is  the  original 
give  forms  which  can  be  of  much  aid  as  and  first  inventor  or  discoverer  of  the  art, 
guides  in  this  part  of  the  work,  since  machine,  composition  or  improvement, 
every  part  of  the  phraseology  employed  for  which  he  solicits  a  patent ;  and  that  he 
depends  on  the  character  and  peculiarities  does  not  know  or  believe  that  the  same 
of  the  invention  to  be  patented.  A  thor-  was  ever  before  known  or  used ;  and  also 
ough  and  exact  knowledge  of  the  nature  of  what  country  he  is  a  citizen ;  which 
of  the  invention,  a  general  acquaintance  oath  or  aflSrmation  may  be  made  before 
with  the  branch  of  art  or  science  to  which  any  person  authorized  by  law  to  admin- 
it  belongs,  or  with  which  it  is  most  nearly  ister  oaths. 

connected,  a  conversance  with  existing  By  section  4  of  the  act  of  Congress  of 
inventions  in  the  same  department,  and  August  29,  1842,  it  is  enacted,  that  the 
habits  of  clearness,  conciseness  and  ac-  oath  required  for  applicants  for  patents 
curacy,  in  the  use  of  terms  of  art  and  may  be  taken,  when  the  applicant  is  not, 
science,  are  indispensable  to  success  in  for  the  time  being,  residing  in  the  United 
this  branch  of  drafting.  The  forms  given  States,  before  any  minister  plenipoten- 
in  the  text  follow  closely  those  which  have  tiary,  charge  d'affaires,  consul  or  corn- 
been  officially  issued  by  the  Patent  office,  mercial  agent,  holding  commission  under 
and  will  show  the  general  outline  to  be  the  Government  of  the  United  States,  or 
adopted.  before  any  notary  public  of  the  foreign 

Section  (5  of  the  act  of  Congress  of  July  country  in  which  such  applicant  may  be. 


582  ABBOTTS'  FORMS. 


Oath.  Petition. 

the  danger  arising  from  the  adhesion  of  the  safety-valve,  and  from  other 
causes,  I  make  a  second  opening  in  the  top  of  the  boiler,  similar  to  that 
made  for  the  safety-valve,  as  shown  at  A,  in  the  accompanying  drawing; 
and  in  this  opening  I  insert  a  plug  or  disk  of  fusible  alloy,  securing  it  in  its 
place  by  a  metal  ring  and  screws,  or  otherwise.  In  general,  I  compose  this 
fusible  metal  of  a  mixture  of  lead,  tin  and  bismuth,  in  such  proportions  as 
will  insure  its  melting  at  a  given  temperature,  which  must  be  that  to  which 
it  is  intended  to  limit  the  steam ;  it  will,  of  course,  vary  with  the  pressure 
the  boiler  is  intended  to  sustain. 

I  surround  the  opening  containing  the  fusible  alloy  by  a  tube  B,  intended 
to  conduct  off  any  steam  which  may  bo  discharged  therefrom.  When  the 
temperature  of  the  steam  in  such  a  boiler  rises  to  its  assigned  limit,  the 
fusible  alloy  will  melt  and  allow  the  steam  to  escape  freely,  thereby  securing 
it  from  all  danger  of  explosion. 

What  I  claim  as  my  invention,  and  desire  to  secure  by  letters  patent,  is 
the  application  to  steam-boilers  of  a  fusible  alloy  which  will  melt  at  a  given 
temperature  and  allow  the  steam  to  escape,  as  herein  described,  using  for 
the  purpose  the  aforesaid  metallic  compound,  or  any  other  substantially  the 
same,  and  which  will  produce  the  intended  effect.  A.  B. 

Witnesses : 
M.N. 
0.  P. 


1123.   Oath;  By  a  Citizen. 
State  of  ,  ) 

County  of  .  f    ' 

On  this         day  of  ,  18    ,  before  me,  the  subscriber,  a  ,  per- 

sonally appeared  the  within-named  A.  B.,  and  made  solemn  oath  [or,  affirm- 
ation] that  he  verily  believes  himself  to  be  the  original  and  first  inventor  of 
the  mode  herein  described  for  preventing  steam-boilers  from  bursting  ;  and 
that  he  does  not  know  or  believe  the  same  was  ever  before  known  or  used ; 

and  that  he  is  a  *  citizen  of  the  United  States.  r «.       ^         ^  ^      t 

{Signature  of  officer.] 

1124.   Oath  hy  an  Alien  who  has  Talcen  Steps  to  Become  Naturalized.(d) 

[As  in  the  preceding  form  to  the  *,  continuing  thus ;]  a  native  of  the 
kingdom  of  ;  that  he  has  resided  within  the  United  States  for  the 

w  hole  of  the  past  year,  and  has  taken  the  oath  prescribed  by  law  for  becom- 
ing naturalized  in  this  country,  rcy-       ^         ^  ^      1 
°                                           ''  [Signature  of  officer.] 

1125.  Petition  for  a  Patent  for  a  Design.{e) 
To  the  commissioner  of  patents  : 
The  petition  of  A.  B.,  of  the  town  [or,  city]  of  ,  in  the  county  of 

,  and  State  of  ,  respectfully  represents : 

That  your  petitioner  has  invented  or  produced  a  new  and  original  design 

(d)  If  the  applicant  is  an  alien,  not  re-    naturalized,  the  oath  should  be  modified 
siding  in  the  United  State.s,  or  if  he  has    accordingly. 
not  taken  th  5  uecessary  steps  to  become        (e)  Patents  for  designs  are  granted  un- 


PATENTS. 


583 


Specification  for  Design. 


for  [state  the  general  nature  of  the  design],  which  he  verily  believes  has 
not  been  known  prior  to  the  production  thereof  by  your  petitioner.  He 
therefore  prays  that  letters  patent  of  the  United  States  may  be  granted  to 
him  therefor,  for  the  term  of  three  and  a  half  [or,  seven,  or,  fourteen]  years, 
vesting  in  him  and  his  legal  representatives  the  exclusive  right  to  the  same, 
upon  the  terms  and  conditions  expressed  in  the  act  of  Congress  in  that 
case  made  and  provided,  he  having  paid  ten  [or,  fifteen,  or,  thirty]  dollars 
into  the  treasury,  and  complied  with  the  other  provisions  of  the  said  act. 

A.  B. 

1126.  Specification  for  a  Design. 

To  ALL  WHOM  IT  MAT  CONCERN : 

Be  it  known,  that  I,  A.  B.,  of  the  town  [or  city]  of  ,  in  the  county 

of  ,  and  State  of  ,  have  originated  and  designed  a  new  pattern 

[for  carpets  or  other  fabrics,  or,  a  design  for  a  trade-mark],  of  which  the 
following  is  a  fuU,  clear  and  exact  description,  reference  being  had  to  the 
accompanying  specimens  or  drawings,  making  part  of  this  specification. 

[Here  give  a  description  of  the  design,  with  references  to  the  specimen  or 
drawing,  concluding  with  a '■'■  claim,'''' as  follows :']  "What  I  olalm  as  my 
invention,  and  desire  to  secure  by  letters  patent,  is  the  design  or  pattern  [for 
carpets  or  other  fabrics,  or,  the  design  for  a  trade-mark]  herein  set  forth. 

Witnesses:  .  A.  B. 

M.  K 
0.  P. 


der  section  7  of  the  act  of  Congress  of 
March  2, 1861.  It  provides  that  any  citizen 
or  citizens,  oralien  oraliens,  having  resid- 
ed one  year  in  the  United  States,  and  taken 
the  oath  of  his  or  their  intention  to  be- 
come a  citizen  or  citizens,  who  by  his,  her 
or  their  own  industry,  genius,  efForts  and 
expense,  may  have  invented  or  produced 
any  new  and  original  design  for  a  manu- 
facture, whether  of  metal  or  other  ma- 
terial or  materials,  any  original  design  for 
a  bust,  statue,  or  bas-relief,  or  composi- 
tion in  alto  or  basso  relievo,  or  any  new 
and  original  impression  or  ornament,  or 
to  be  placed  on  any  article  of  manufac- 
ture, the  same  being  formed  in  marble  or 
other  material,  or  any  new  and  useful  pat- 
tern, or  print,  or  picture,  to  be  either 
worked  into  or  worked  on,  or  printed,  or 
painted,  or  cast,  or  otlierwise  fixed  on  any 
article  of  manufacture,  or  any  new  and 
original  shape  or  configuration  of  any  ar- 
ticle of  manufacture,  not  known  or  used 
by  others  before  his,  her  or  their  inven- 
tion or  production  thereof,  and  prior  to 
the  time  of  his,  her  or  their  application 


for  a  patent  therefor,  and  who  shall  desire 
to  obtain  an  exclusive  property  or  right 
therein  to  make,  use,  and  sell  and  vend 
the  same,  or  copies  of  the  same  to  others, 
by  them  to  be  made,  used  and  sold,  may 
make  application  in  writing  to  the  com- 
missioner of  patents,  expressing  such 
desire ;  and  the  commissioner,  on  due 
proceedings  had,  may  grant  a  patent 
therefor,  as  in  the  case  now  of  application 
for  a  patent,  for  the  term  of  three  and 
one-half  years,  or  for  the  term  of  seven 
years,  or  for  the  term  of  fourteen  years,  as 
the  said  applicant  may  elect  in  his  appli- 
cation :  Provided,  That  the  fee  to  be  paid 
in  such  application  shall  be  for  the  term 
of  three  years  and  six  months,  ten  dol- 
lars ;  for  seven  years,  fifteen  dollars ; 
and  for  fourteen  years,  thirty  dollars: 
And  provided.  That  the  patentees  of  de- 
signs under  this  act  shall  be  entitled  to 
the  extension  of  their  respective  patents, 
for  the  term  of  seven  years  from  the  day 
on  which  said  patents  shall  expire,  upon 
the  same  terms  and  restrictions  as  are  now 
provided  for  the  extension  of  letters  patent. 


584  ABBOTTS'  FORMS. 


'I  88. 


Oath.  Atnendmenta. 


1127.  Oath;  By  a  Citizen. 
State  of 

[City  and]  County  of 

On  this         day  of  j  18    ,  before  the  subscriber,  a  ,  persor- 

ally  appeared  the  within-named  A.  B.,  and  made  solemn  oath  [or,  affirma- 
tion] that  he  verily  believes  himself  to  be  the  original  and  first  inventor,  or 
producer,  of  the  design  for  ,  and  that  he  does  not  know  or  believe 

that  the  same  was  ever  before  known  or  used,  and  that  he  is  a  *  citizen  of 
the  United  States. 

[Signature  of  officer.] 


1128.  Oath  to  Latter  Petition,  by  an  Alien  who  has  Taken  Steps  to  Become 

a  Citizen. 

[As  in  the  preceding  form  to  the  *,  continuing  thus  .•]  a  native  of  the 
kingdom  of  ;  that  he  has  resided  within  the  United  States  for  the 

whole  of  the  past  year,  and  has  taken  the  oath  prescribed  by  law  for  be- 
coming naturalized  in  this  country. 

[Signature  of  officer.] 


1129.  Amendments  to  Specification.(f) 

I  hereby  amend  my  specification  by  inserting  the  following  words  after 
the  word  ,  in  the  line  of  the  page  thereof  [here  supply 

the  words  that  are  to  be  inserted]. 


(f)  The  applicant  for  a  patent  has  a  papers  themselves  are  generally  returned 
right  to  amend  his  application  of  course,  by  the  office  to  the  applicant ;  but  it  is 
after  the  first  rejection,  and  he  may  amend  only  to  enable  him  to  make  those  amend- 
after  the  second,  if  the  examiner  therein  ments,  so  as  to  be  in  harmony  with  the 
present  any  new  references ;  and  after  a  context.  Even  when  the  amendment 
second  rejection,  and  before  appeal  to  the  consists  in  striking  out  a  portion  of  the 
examiner-in-chief,  the  applicant  may  draw  specification,  or  other  paper,  the  same 
up  special  amendments,  and  present  the  course  should  be  observed.  The  rules  of 
same  to  the  commissioner,  together  with  the  office  forbid  any  erasures  to  be  made. 
an  affidavit  showing  good  cause  why  the  The  papers  are  required  to  remain  forever 
amendments  were  not  sooner  offered,  just  as  they  were  when  filed,  so  that  a  true 
whereupon  the  commissioner  may  in  his  history  of  all  that  has  been  done  in  the 
discretion  grant  leave  to  make  such  spe-  case  may  be  gathered  from  them.  Where 
cial  amendments,  and  allow  a  reconsid-  papers  are  sent  to  the  applicant  for  amend- 
eration.  After  an  appeal  to  the  exam-  ment,  the  original  papers  must  in  all 
iners-in-chief  no  amendment  or  alteration  cases  be  returned  to  the  office  for  pres- 
is  allowed,  nor  are  amendments  allowed  ervation,  together  with  the  amendments, 
after  a  patent  has  been  ordered  to  issue.  In  some  cases,  amendments  will  be  per- 

All  amendments    of    specifications    or  mitted  to  be  made  by  writing  out  the  en- 

slaims  are  required  to  be  made  on  sep-  tire  paper  anew;  but  even  wlieu  this  ia 

•rate  sheets  of  paper  from  the  original.  done,  the  original  paper  must  be  returned 

When  amendments  are  required,  the  and  preserved. 


PATENTS.  585 


Appeal.  Surrender  for  Keissue. 

(?r,  I  hereby  amend  my  specification  by  striking  out  the  hne  of  the 

page  thereof,  or,  by  striking  out  the  first  and  fourth  claims  appended 
thereto  [or  otherwise  state  whatever  may  be  the  amendment  desired  hy  the 
applicant.]  A.  B. 

[Signatures  of  two  witnesses.] 


1130.  Appeal  to  Examiners-in- Chief  from  Decision  Rejecting  Application.{g) 

To  the  commissioner  of  patents : 

Sir — In  conformity  with  section  third  of  the  act  of  Congress,  dated  2d 
March,  1861,  I  hereby  make  application  for  an  appeal  from  the  decision  of 
the  principal  examiner,  in  the  matter  of  my  application  for  a  patent  fur  an 
improvement  in  [describe  invention],  rejected  a  second  time  on  the  day 

of  J  18    ,  and  request  that  the  same  may  be  heard  by  the  examiners- 

in-chief.  Respectfully,  A.  B. 

1131.  Surrender  of  a  Patent  for  Iieissue.{h) 

To  the  commissioner  of  patents : 

The  petition  of  A.  B.,  of  the  town  [or,  city]  of  ,  in  the  county  of 

,  and  State  of  ,  respectfally  represents : 

That  he  did  obtain  letters  patent  of  the  United  States  for  an  improve- 
ment in  the  boUers  of  steam-engines,  which  letters  patent  are  dated  on  the 

{g)  If  the  examiners-in-chief  confirm  as  amended  subsequently  by  making  the 
the  rejection  of  the  application,  the  case  fee  to  be  paid  thirty  dollars  instead  of  fif- 
may  be  brought  before  the  commissioner  teen.  It  provides  that  whenever  any 
in  person,  upon  a  written  request  to  that  patent  shall  bo  inoperative  or  invalid,  by 
effect,  and  upon  the  payment  of  the  fee  reason  of  a  defective  or  insufficient  de- 
required  by  law  (thirty  dollars).  scription  or  specification,  or  by  reason  of 

If  his  decision  is  adverse,  a  final  appeal  the  patentee  claiming  in  his  specification, 
in  certain  cases  is  allowed  by  law  to  the  as  his  own  invention,  more  than  he  had  a 
Supreme  Court  of  the  District  of  Colum-  right  to  claim  as  new,  if  the  error  has  or 
bia.  The  mode  of  appeal  from  the  de-  shall  have  arisen  by  inadvertency,  acci- 
cision  of  the  office  to  the  Supreme  Court  dent  or  mistake,  and  without  any  fraudu- 
ofthe  District  of  Columbia  is  by  giving  lent  or  deceptive  intention,  it  shall  be 
written  notice  thereof  to  the  commis-  lawful  for  the  commissioner,  upon  the 
sioner,  filing  in  the  Patent  Office,  within  surrender  to  him  of  such  patent,  and  the 
such  time  as  the  commissioner  shall  ap-  payment  of  the  further  duty  of  fifteen 
point,  reasons  of  appeal,  and  paying  to  [thirty]  dollars,  localise  anew  patent  to  be 
him  the  sum  of  twenty-five  dollars,  issued  to  the  said  inventor  for  the  same  in- 
Printed  forms  of  notice  of  appeal,  of  the  vention,  for  the  residue  of  the  period  then 
reasons  of  appeal,  and  the  petition,  and  unexpired  for  which  the  original  patent 
copies  of  the  rules  of  the  Supreme  Court  was  granted,  in  accordance  with  the  paten- 
of  the  District  of  Columbia  will  be  for-  tee's  corrected  description  and  spccitica- 
warded,  by  the  Patent  Office,  to  the  party,  tion.  And  in  case  of  his  death  or  any  as- 
on  request.  sigtmient  by  him   made  of  the  original 

(A)  Patents  which  are  found  to  be  in-  patent,  a  similar  right  shall  vest  in  his  ex- 
valid  by  reason  of  insufficiency  or  defects  eeutors,  administrators  or  assignees.  And 
in  the  specification,  are  allowed  to  be  re-  the  patent  so  reissued,  together  with  the 
issued,  the  error  being  corrected  under  corrected  description  and  specifications, 
section  13  of  the  act  of  Congress  of  1836,  shall  have  the  same  eifect  and  operation 


586  ABBOTTS'  FORMS. 


Oath.  Disclaimer. 

1st  day  of  March,  1850 ;  that  he  now  believes  that  the  same  is  inoperative 
and  invalid  by  reason  of  a  defective  specification,  which  defect  has  arisen 
from  inadvertence  and  mistake.  He  therefore  prays  that  he  may  be  allowed 
to  surrender  the  same,  and  requests  that  new  letters  patent  may  issue  to 
him,  for  the  same  invention,  for  the  residue  of  the  period  for  which  the 
original  patent  was  granted,  under  the  amended  specification  herewith  pre- 
sented, he  having  paid  thirty  dollars  into  the  treasury  of  the  United  States, 
agreeably  to  the  requirements  of  the  act  of  Congress  in  that  case  made 
and  provided.  A.  B. 

1132.  Oath  to  Application  for  a  Reissue. 
State  of  ,  1 

[City  and]  County  of  .  f  *** 

On  this        day  of  ,  18    ,  before  the  subscriber,  a  ,  personally 

appeared  the  above-named  A.  B.,  and  made  solemn  oath  [or,  affirmation] 
that  he  verily  believes  that,  by  reason  of  an  insufficient  or  defective  specifi- 
cation, his  aforesaid  patent  is  not  fully  valid  and  available  to  him ;  and  that 
the  said  error  has  arisen  from  inadvertence,  accident  or  mistake,  and  with- 
out any  fraudulent  or  deceptive  intention,  to  the  best  of  his  knowledge  or 

^®^^®^-  [Signature  of  officer.] 

1133.  Disclaimer;  By  an  Assignee.(i) 

To  the  commissioner  of  patents : 

The  petition  of  A.  B.,  of  the  town  [or,  city]  of         ,  in  the  county 

of  ,  and  State  of  ,  respectfully  represents : 

That  he  has,  by  assignment,  duly  recorded  in  the  Patent  Office,  become 

in  law,  on  the  trial  of  all  actions  here-  of  a  reissue  constitutes  the  subject  of  a 
after  commenced  for  causes  subsequently  separate  specification  descriptive  of  the 
accruing,  as  though  the  same  had  been  part  or  parts  of  the  invention  claimed  in 
originally  filed  in  such  corrected  form,  be-  such  division ;  and  the  drawing  may  rep- 
fore  the  issuing  of  the  original  patent,  resent  only  such  part  or  parts.     One  or 

The  general  rule  is,  that  whatever  is  more  divisions  of  a  reissue  may  be  grant- 
really  embraced  in  the  original  invention,  ed,   though    other  divisions    shall   have 
and  so  described  or  shown  that  it  might  been  postponed  or  rejected. 
have  been  embraced  in  the  original  patent,  In  all  cases  of  applications  for  reissues 
may  be  the  subject  of  a  reissue.  the  original  claim  is  subject  to  re-exam- 

Keissued  patents  expire  at  the  same  ination,  and  may  be  revised  and  restrict- 

time  that  the  original  patent  would  have  ed  in  the  same  manner  as  in  original  ap- 

done.     For  this  reason  applications  for  plications.    But  in  all  such  cases,  after 

reissue  are  acted  upon  in  the  Patent  Office  the  action  of  the  Patent  Office  has  been 

immediately  after  they  are  completed.  made  known  to  the  applicant,  if  he  pre- 

A  patentee  may,  at  his  option,  have  in  fers  the  patent  originally  granted  to  that 
his  reissue  a  separate  patent  for  each  dis-  which  will  be  allowed  by  the  decision  of 
tinct  part  of  the  invention  comprehended  the  office,  he  has  the  privilege  of  abandon- 
in  his  original  application,  by  paying  the  ing  the  latter  and  retaining  the  old  patent, 
required  fee  in  each  case,  and  complying  (i)  Section  7  of  the  act  of  Congress  of 
with  the  other  requirements  of  tiie  law,  March  3,  1837,  enables  a  patentee,  or  the 
as  in  original  applications.    Each  division  executors,  or  administrators  or  assignees 


PATENTS.  68Y 


Caveat. 


the  owner  of  a  right  for  the  several  States  of  Massachusetts,  Connecticut 
and  Ehode  Island,  to  certain  improvements  in  the  steam-engine,  for  which 
letters  patent  of  the  United  States  were  granted  to  M.  N.,  of  ,  in  the 

State  of  ,  dated  on  the        day  of  ?  18     ,  that  he  has  reason  to 

helieve  that,  through  inadvertence  and  mistake,  the  claim  made  in  tlie 
specification  of  said  letters  patent  is  too  broad,  including  that  of  which  the 
said  patentee  was  not  the  first  inventor.  Your  petitioner,  therefore,  hereby 
enters  his  disclaimer  to  that  part  of  the  claim  in  the  aforenamed  specifica- 
tion, which  is  in  the  following  words — to  wit:  "I  also  claim  the  particular 
manner  in  which  the  piston  of  the  above-described  engine  is  constructed  so 
as  to  insure  the  close  fitting  of  the  packing  thereof  to  the  cylinder,  as  set 
forth"  [or,  otherwise  state  what,  in  the  original  claim,  is  disclaimed] ;  which 
disclaimer  is  to  operate  to  the  extent  of  the  interest  in  said  letters  patent 
vested  in  your  petitioner,  who  has  paid  ten  dollars  into  the  treasury  of  the 
United  States,  agreeably  to  the  requirements  of  the  act  of  Congress  in  that 
case  made  and  provided.  A.  B. 


1134.  Caveat. 

To  the  commissioner  of  patents : 

The  petition  of  A.  B.,  of  the  town  [or,  city]  of  ,  in  the  county 

of  ,  and  State  of  ,  respectfully  represents : 

That  he  has  made  certain  improvements  in  the  mode  of  constructing  the 
boilers  for  steam-engines,  and  that  he  is  now  engaged  in  making  experi- 
ments for  the  purpose  of  perfecting  the  same,  preparatory  to  his  applying 
for  letters  patent  therefor.  He  therefore  prays  that  the  subjoined  descrip- 
tion of  his  invention  may  be  filed  as  a  caveat  in  the  confidential  archives  of 
the  Patent  Office,  agreeably  to  the  provisions  of  the  act  of  Congress  in  that 
case  made  and  provided ;  he  having  paid  ten  dollars  into  the  treasury  of 
the  United  States,  and  otherwise  complied  with  the  requirements  of  the 
said  act.  A.  B 

[Date.] 


of  a  patentee,  whether  owning  the  whole  bj  one  or  more  witnesses,  and  recorded 

patent  or  a  sectional  interest  therein,  in  in  the  Patent  OflBce  and  a  fee  of  ten  dol- 

case    it   is   discovered   that  the   original  lars  paid.    Such  disclaimer  shall  thereafter 

patentee,  through  inadvertence,  accident  be  considered  as  part  of  the  original  speci- 

or  mistake,  made  his  specification  of  claim  iication,  to  the  extent  of  the  interest  pos- 

too   broad,   claiming  more  than  that   of  sessed  in  the  patent  by  the  disclainiant, 

which  he  was  the  original  or  first  inventor,  subsequent  to  the  record  thereof.     But  it 

some  material  and  substantial  part  of  the  does  not  atfect  any  action  pending  at  the 

thing  patented  being  truly  and  justly  his  time  of  its  being  filed,  except  so  far  as 

own,  to  make  a  disclaimer  of  such  parts  may  relate  to  the  question  of  unreason- 

of  the  thing  patented  as  the  disclaimant  able  neglect  or  delay  in  filing  it. 

shall  not  claim  to  hold  by  virtue  of  the  The  above  form  may  easily  be  modified 

patent  or  assignment,  stating  therein  the  to  adapt  it  to  the  case  of  a  disclaimer  by 

extent  of  his  interest  in  such  patent.    The  the  original  patentee, 
disclaimer  must  be  in  writing,  attested 


588 


ABBOTTS'  FORMS. 


Deposition. 


[Annex  a  general  description  of  the  nature  and  peculiarities  of  the  inveji 
tion,(j)  as  Jar  as  it  luis  been  perfected;  also  oath  of  inventor  substantially 
as  in  Forms  and         ,  that  the  applicant  believes  himself  to  be  the 

original  inventor  of  the  art,  machine  or  improvement  set  forth  in  his  caveat, 
and  either  that  he  is  a  citizen  of  the  United  States  or  is  a  native  of  , 

and  has  resided  for  the  year  last  past  within  the  United  States,  and  has 
made  oath  of  his  intention  to  become  a  citizen.] 


1135.  Deposition  ;(k)  To  be  Used  in  Contested  Cases  in  the  Patent  Office. 
In  the  matter  of  the  interference  of 


A.    B. 

with 

Y.    Z. 


M.  N.,  being  duly  sworn,  doth  depose  and  say,  in  answer  to  interrogatories 
proposed  to  him  by  O.  P.,  counsel  for  A.  B.,  as  follows — viz. : 


{j)  The  description  is  not  required  to 
possess  the  fulness  and  accuracy  of  a 
specification  ;  but  should  be  as  complete 
as  the  progress  made  by  the  inventor 
admits.  It  is  desirable  that  it  should  be 
accompanied  by  drawings. 

{k)  When,  in  anticipation  of  the  hearing 
of  a  question  of  interference  between  two 
claimants  to  a  patent  for  the  same  inven- 
tion, or  in  any  other  contested  question, 
before  the  commissioner  of  patents,  the 
nature  of  the  case  demands  that  the  testi- 
mony of  witnesses  be  taken  by  deposition, 
the  following  rules,  prescribed  by  the 
office,  apply. 

Before  the  deposition  of  a  witness  or 
witnesses  be  taken  by  either  party,  rea- 
sonable notice  in  writing  must  be  given 
to  the  opposite  party  of  the  time  and 
place  when  and  where  such  deposition  or 
depositions  will  be  taken,  so  that  the 
opposite  party,  either  in  person  or  by 
attorney,  shall  have  full  opportunity  to 
cross-examine  the  witness  or  witnesses. 
No  peculiarities  of  form  in  the  notice  are 
required  ;  it  must  give  reasonable  in- 
formation of  what  is  intended.  The  or- 
dinary forms  used  in  proceedings  in  courts 
of  justice  of  giving  notice  that  a  deposition 
will  be  taken,  may  be  followed,  designat- 
ing the  proceeding  in  which  the  deposition 
is  to  be  used,  correctly.  The  notice, 
with  a  certificate  duly  sworn  to,  stating 
the  manner  and  time  of  the  service,  must 
be  attached  to  the  deposition  or  deposi- 


tions, whether  the  party  cross-examine  or 
not ;  and  the  notice  must  be  given  in 
sufficient  time  for  the  appearance  of  the 
opposite  party,  and  for  the  transmission 
of  the  evidence  to  the  Patent  Office  before 
the  day  of  hearing. 

The  evidence,  etc.,  must  be  sealed  and 
addressed  to  the  commissioner  of  patents 
by  the  persons  before  whom  it  shall  be 
taken ;  and  so  certified  thereon  substan- 
tially as  in  Form  1186  in  the  text. 

No  evidence  touching  the  matter  at 
issue  will  be  considered  upon  the  day  of 
hearing  which  shall  not  have  been  taken 
and  filed  in  compliance  with  these  rules  : 
Provided,  That  if  either  party  is  unable, 
for  good  and  sufficient  reasons,  to  procure 
the  testimony  of  a  witness  or  witnesses 
within  the  stipulated  time,  then  it  is  the 
duty  of  such  party  to  give  notice  of  the 
same  to  the  commissioner  of  patents, 
accompanied  by  statements,  under  oath, 
of  the  cause  of  such  inability,  and  of  the 
names  of  such  witnesses,  and  of  the  facts 
expected  to  be  proved  by  them,  and  of 
the  steps  which  have  been  taken  to  pro- 
cure said  testimony,  and  of  the  tims  or 
times  when  efforts  have  been  made  to 
procure  it ;  which  last-mentioned  notice 
to  the  commissioner  must  be  received  by 
him  previous  to  the  day  of  hearing. 

The  notice  for  taking  testimony  must 
be  served  by  delivering  to  the  adveree 
party  a  copy.  If  he  is  not  found,  service 
may  be  made  upon  his  agent  or  attorney 


PATENTS. 


58P 


Certificate. 


1.  Interrogatory.     "What  is  your  name,  your  residence,  and  occupation? 
1.  Answer.    My  name  is  M.  N. ;  I  am  a  carpenter,  and  reside  in  Boston, 

Massachusetts. 

And  in  answer  to  cross-interrogatories  proposed  to  him  by  Q.  R.,  counsel 
for  Y.  Z.,  as  follows — viz. : 
1.  Cross-interrogatory,  etc.  M.  N. 

1136.  Certificate  to  he  Annexed  by  Magistrate. 

State  of  ,  i 

[City  and]  County  of         .]     ' 

At  ,  in  said  county,  on  the         day  of  ,  a.  d.  18    ,  before 

me  personally  appeared  the  above-named  M.  N.,  and  made  oath  that  the 
foregoing  deposition,  by  him  subscribed,  contains  the  whole  truth,  and 
nothing  but  the  truth. 


of  record,  or  by  leavina:  a  copy  at  the 
party's  usual  place  of  residence,  with 
some  member  of  the  family  who  has 
arrived  at  the  years  of  discretion. 

The  testimony  must  (if  either  party 
desires  it)  be  taken  in  answer  to  inter- 
rogatories— having  the  questions  and 
answers  committed  to  writing  in  their 
regular  order  by  the  magistrate,  or,  under 
his  direction,  by  some  person  not  inter- 
ested in  tlie  issue,  nor  the  agent  or  attor- 
ney of  one  who  is.  The  deposition,  when 
complete,  must  be  signed  by  the  witness. 

The  magistrate  must  append  to  the  dep- 
osition his  certificate,  stating  the  time 
and  place  at  which  it  was  taken,  the 
names  of  the  witnesses,  the  administra- 
tion of  the  oath,  at  whose  request  the 
testimony  was  taken,  the  occasion  upon 
which  it  is  intended  to  be  used,  the  names 
of  the  adverse  party  (if  any),  and  whether 
they  were  present. 

No  notice  will  be  taken,  at  the  hearing, 
of  any  merely  formal  or  technical  objec- 
tion, unless  it  may  reasonably  be  pre- 
sumed to  have  wrought  a  substantial 
injury  to  the  party  raising  the  objection  ; 
nor  even  then,  unless,  as  soon  as  that 
party  became  aware  of  the  objection,  he 
immediately  gave  notice  thereof  to  the 
patent  office,  and  also  to  the  opposite 
party,  in  forming  him  at  the  same  time 
that,  unless  corrected,  he  should  urge  his 
objection  at  the  hearing. 

By  section  1  of  the  act  of  Congress  of 
March  2,  1S61,  it  is  provided  that  affida- 


vits and  depositions  required  in  cases 
pending  in  the  Patent  Office,  and  such 
affidavits  and  depositions  may  be  taken 
before  any  justice  of  the  peace  or  other 
officer  authorized  by  law  to  take  dep- 
ositions to  be  used  in  the  courts  of  the 
United  States,  or  in  the  State  courts  of 
any  State  where  such  officer  shall  reside. 
To  secure  the  attendance  of  reluctant 
witnesses,  the  same  statute  provides  that, 
and  in  any  contested  case  pending  in  the 
patent  office,  the  clerk  of  any  court  of  the 
United  States  or  any  district  or  territory, 
may  issue  subpoenas  for  any  witnesses 
within  the  said  district  or  territory,  com- 
manding such  witnesses  to  appear  and 
testify  before  any  above-named  officer, 
residing  within  the  district  or  territory; 
if  any  witness,  duly  served  with  subpoena, 
refuses  or  neglects  to  appear,  or,  appear- 
ing, refuses  to  testify  (not  being  privi- 
leged), any  judge  of  the  court  whose 
clerk  issued  the  subpoena,  may  proceed 
to  enforce  obedience,  or  to  punish  the  dis- 
obedience as  in  case  of  disobedience  to  a 
subpoena  issued  by  a  court.  Witnesses 
are  entitled  to  the  same  compensation  as 
witnesses  attending  the  courts  of  the 
United  States.  But  no  witness  can  be 
required  to  attend  at  more  than  forty  miles 
from  the  place  where  he  is  served,  nor  be 
deemed  guilty  of  contempt  for  refusing  to 
disclose  any  secret  invention  made  or 
owned  by  him  :  nor  for  disobeying  a  sub- 
poena, unless  his  fees  are  paid  or  tendered 
him  at  the  time  of  the  service. 


590  ABBOTTS'  FORMS. 


Superacription. 


The  said  deposition  is  taken  at  the  request  of  A.  B.,  to  be  used  upon  the 
hearing  of  an  interference  between  the  claims  of  the  said  A.  B.  and  those 
of  Y.  Z.,  before  the  commissioner  of  patents  of  the  United  States,  at  Ids 
oflBce,  on  the  day  of  next.     The  said  Y.  Z.  was  duly  notified,  as 

appears  by  the  original  notice  hereto  annexed,  and  attended  by  Q.  K.,  his 
counsel  [or,  but  did  not  attend],  certified  by  me. 

[Signature  of  officer. '\ 

[Annex  notice  with  prooj' of  service.] 

1137.  Superscription  to  be  Written  on  theEntelope  Containing  the 
Deposition. 
I  hereby  certify,  that  the  depositions  of  M.  K,  S.  T.,  etc.,  relating  to  the 
matter  of  interference  between  A.  B.  and  Y.  Z.,  were  taken,  sealed  up,  and 
addressed  to  the  commissioner  of  patents,  by  me. 

[Signature  of  officer.] 


CHAPTEE  LXIX. 

PENSIONS. 


Under  the  act  of  Congress  approved  July  14, 1862,  (a)  pensions  are  granted 
to  the  following  classes  of  persons : 

1.  Invalids,  disabled  since  March  4,  1861,  in  the  military  or  naval  service  of 
the  United  States,  in  the  line  of  duty. 

2.  Widows  of  oflBcers,  soldiers  or  seamen,  dying  of  wounds  received,  or  of 
disease  contracted  in  the  military  or  naval  service,  as  above. 

3.  Children,  under  sixteen  years  of  age,  of  such  deceased  persons,  if  there 
is  no  widow  surviving,  or  from  the  time  of  the  widow's  re-marriage. 

4.  Mothers  of  officers,  soldiers  or  seamen,  deceased  as  aforesaid,  provided  the 
latter  have  left  neither  widow  nor  children  under  sixteen  years  of  age ;  and 
provided,  also,  that  the  mother  was  dependent,  wholly  or  in  part,  upon  the  de- 
ceased for  support. 

5.  Sisters,  under  sixteen  years  of  age,  of  such  deceased  persons,  dependent 
on  the  latter,  wholly  or  in  part,  for  support,  provided  there  are  no  rightful 
claimants  of  either  of  the  three  last  preceding  classes. 

The  rates  of  pension  to  the  several  classes  and  grades  are  distinctly  set  forth 
in  the  first  section  of  the  act,  which  is  as  follows :  "  That  if  any  oflScer,  non- 
commissioned officer,  musician  or  private  of  the  army,  including  regulars,  vol- 
nnteers  and  militia,  or  any  officer,  warrant  or  petty  officer,  musician,  seaman, 
ordinary  seaman,  flotillaman,  marine,  clerk,  landsman,  pilot,  or  other  person  in 
the  navj'  or  marine  corps,  has  been,  since  the  fourth  day  of  March,  eighteen 
hundred  and  sixty-one,  or  shall  hereafter  be,  disabled  by  reason  of  any  wound 
received  or  disease  contracted  while  in  the  service  of  the  United  States,  and  in 
the  line  of  duty,  he  shall,  upon  making  due  proof  of  the  fact  according  to  such 
forms  and  regulations  as  are  or  may  be  provided  by  or  in  pursuance  of  law,  be 
placed  upon  the  list  of  invalid  pensions  of  the  United  States,  and  be  entitled 
to  receive,  for  the  highest  rate  of  disability,  such  pension  as  is  hereinafter  pro- 
vided in  such  cases,  and  for  an  inferior  disability,  an  amoimt  proportionate  to 

(a)  12  U.  S.  Stat,  at  L.,  566. 


PENSIONS.  691 


General  Principles. 


the  highest  disability,  to  commence  as  hereinafter  provided,  and  continue 
during  the  existence  of  such  disability.  The  pension  for  a  total  disability  for 
officers,  non-commissioned  officers,  musicians  and  privates,  employed  in  the 
military  service  of  the  United  States,  whether  regulars,  volunteers  or  militia, 
and  in  the  marine  corps,  shall  be  as  follows — viz. :  Lieutenant-colonel,  and  all 
officers  of  a  higher  rank,  thirty  dollars  per  month  ;  major,  twenty-five  dollars 
per  month ;  captain,  twenty  dollars  per  month  ;  first-lieutenant,  seventeen  dol- 
lars per  month ;  second-lieutenant,  fifteen  dollars  per  month  ;  and  non-com- 
niissioned  officers,  musicians  and  privates,  eight  dollars  per  month.  The  pen- 
sion for  total  disability  for  officers,  warrant  or  petty  officers,  and  others  em- 
ployed in  the  naval  service  of  the  United  States,  shall  be  as  follows — viz., 
Captain,  commander,  surgeon,  paymaster  and  chief-engineer,  respectively, 
ranking  with  commander  by  law,  lieutenant  commanding  and  master  com- 
manding, tliirty  dollars  per  month  ;  lieutenant,  surgeon,  paymaster  and  chief- 
engineer,  respectively,  ranking  with  lieutenant  by  law,  and  passed  assistant 
surgeon,  twenty-five  dollars  per  month ;  professor  of  mathematics,  master,  as- 
sistant surgeon,  assistant  paymaster  and  chaplain,  twenty  dollars  per  month  ; 
first  assistant  engineers  and  pilots,  fifteen  dollars  per  month ;  passed  midship- 
man, midshipman,  captain's  and  paymaster's  clerk,  second  and  third  assistant 
engineer,  master's  mate,  and  all  warrant  officers,  ten  dollars  per  month ;  all 
petty  officers,  and  all  other  persons  before  named  employed  in  the  naval  ser- 
vice, eight  dollars  per  month  ;  and  all  commissioned  officers,  of  either  service, 
shall  receive  such  and  only  such  pensions  as  is  herein  provided  for  the  rank  in 
which  they  hold  commissions." 

Only  one  full  pension  in  any  case  will  be  allowed  to  the  relatives  of  a  de- 
ceased officer,  soldier  or  seaman,  and  in  order  of  precedence  as  set  forth  above. 
When  more  than  one  minor  child  or  orphan  sister  thus  becomes  entitled  to 
pension,  the  same  must  be  divided  equally  between  them. 

Invalid  pensions,  under  this  law,  will  commence  from  the  date  of  the  pen- 
sioner's discharge  from  service,  provided  application  is  made  within  one  year 
thereafter.  If  the  claim  is  not  made  until  a  later  date,  the  pension  will  com- 
mence from  the  time  of  the  application.  Pensions  of  ^vidows  and  minors  will 
commence  from  the  death  of  the  officer,  soldier  or  seaman,  on  whose  service 
the  claim  is  based. 

Army  Pensions. — Declarations  (including  evidence  of  identity)  are  required 
to  be  made  before  a  court  of  record,  or  before  some  officer  of  such  court  duly 
authorized  to  administer  oaths,  and  having  custody  of  its  seal.  Testimony 
other  than  that  indicated  above,  may  be  taken  before  a  justice  of  the  peace, 
or  other  officer  having  like  authority  to  administer  oaths,  but  in  no  case  will 
any  evidence  be  received  that  is  verified  before  an  officer  who  is  concerned  in 
prosecuting  the  claim,  or  has  a  manifest  interest  therein. 

The  forms  below  numbered,  respectively,  1138  to  1142  ,  wUl  guide  applicants 
for  pensions,  of  the  army  branch,  in  the  several  classes.  The  instructions 
here  given  are  those  issued  by  Government. 

In  support  of  the  allegations  made  in  the  claimant's  declaration,  testimony 
will  be  required  in  accordance  with  the  following  rules : 

1.  The  claimant's  identity  must  be  proved  by  two  witnesses,  certified  by  a 
judicial  officer  to  be  respectable  and  credible,  who  are  present  and  vntness  the 
signature  of  the  declarant,  and  who  state,  upon  oathor  affirmation,  their  belief, 
either  from  personal  acquaintance  or  for  other  reasons  given,  that  he  or  she  is 
the  identical  person  he  or  she  represents  himself  or  herself  to  be. 

2.  Every  applicant  for  an  invalid  pension  must,  if  in  his  power,  produce  the 
certificate  of  the  captain,  or  of  some  other  commissioned  officer  under  whom 
he  served,  distinctly  stating  the  time  and  place  of  the  said  applicant's  having 
been  wounded  or  otherwise  disabled,  and  the  nature  of  the  disability  ;  and  that 
the  said  disability  arose  while  he  was  in  the  service  of  the  United  States  and  in 
the  line  of  his  duty. 

3.  If  it  be  impracticable  to  obtain  such  certificate,  by  reason  of  the  death  or 
removal  of  said  officers,  it  must  be  so  stated  imder  oath  by  the  applicant,  and 


592  ABBOTTS'  FORMS. 


Pension  Laws. 


bis  averment  of  the  fact  proved  by  persons  of  known  respectability,  who  must 
state  particularly  all  the  knowledge  they  may  possess  in  relation  to  such  death 
or  removal ;  then  secondary  evidence  can  be  received.  In  such  cjise,  the  ap- 
plicant must  ]>roduce  the  testimony  of  at  least  two  credible  witnesses  (who 
were  in  a  condition  to  know  the  facts  about  which  they  testify),  whose  good 
character  must  be  vouched  for  by  a  judicial  officer,  or  by  some  one  known  to 
the  department.  The  witnesses  must  give  a  minute  narrative  of  the  facts  in 
relation  to  the  matter,  and  must  show  how  they  obtained  a  knowledge  of  the 
facts  to  which  they  testify. 

4.  The  usual  certificate  of  disability  for  discharge  should  show  the  origin, 
character  and  degree  of  the  claimant's  disability  ;  but  when  that  is  wanting  or 
defective,  the  applicant  will  be  required  to  be  examined  by  some  surgeon  reg- 
ularly appointed,  unless  clearly  impracticable. 

5.  The  habits  of  the  applicant,  and  his  occupation  since  he  left  the  service, 
should  be  shown  by  at  least  two  credible  witnesses. 

If  the  applicant  claims  a  pension  as  the  widow  of  a  deceased  officer  or  soldier, 
she  must  prove  the  legality  of  her  marriage,  the  death  of  her  husband,  and 
that  she  is  still  a  widow.  She  must  also  furnish  the  names  and  ages  of  the 
decedent's  children  under  sixteen  years  of  age  at  her  husband's  decease,  and 
the  place  of  their  residence.  On  a  subsequent  marriage  her  pension  will  cease, 
and  the  minor  child  or  children  of  the  deceased  officer  or  soldier,  if  any  be 
living,  under  the  age  of  sixteen  years,  will  be  entitled  to  the  same  in  her  stead, 
from  the  date  of  such  marriage,  on  the  requisite  proof,  under  a  new  declaration. 
Proof  of  the  marriage  of  the  parents  and  of  the  age  of  claimants  wHl  be  re- 
quired in  all  applications  in  behalf  of  minor  children.  The  legality  of  the 
marriage,  in  either  case,  may  be  ascertained  by  the  certificate  of  the  clergyman 
who  joined  them  in  wedlock,  or  by  the  testimony  of  respectable  persons  having 
knowledge  of  the  fact,  in  default  of  record  evidence,  which  last  must  always 
be  furnished,  or  its  absence  shown.  The  ages  and  number  of  children  may  be 
ascertained  by  the  deposition  of  the  mother,  accompanied  by  the  testimony  of 
respectable  persons  having  knowledge  of  them,  or  by  transcripts  from  the 
parish  or  town  registers  duly  authenticated. 

A  mother,  to  be  entitled  to  a  pension,  as  having  been  wholly  or  partly  do- 
pendent  on  a  deceased  officer  or  soldier,  must  prove  that  the  latter  contributed 
to  her  support  for  a  certain  period,  showing  specifically  in  what  manner  and 
to  what  extent. 

If  the  claimant  be  a  dependent  sister,  like  proof  will  be  required  of  the  mar- 
riage of  her  parents,  and  of  her  relationship  to  the  deceased. 

Guardians  of  minor  claimants  must,  in  all  cases,  produce  evidence  of  their 
authority  as  such,  under  the  seal  of  the  court  from  which  their  appointment 
is  obtained. 

Applicants  of  the  last  four  classes  enumerated  at  the  head  of  this  chapter, 
who  have  in  any  manner  aided  or  abetted  the  rebellion  against  the  United 
States  Government,  are  not  entitled  to  the  benefits  of  this  act. 

Invalid  applicants  who  are  minors  may  apply  in  their  own  behalf,  without 
the  intervention  of  a  guardian. 

Attorneys  for  claimants  must  have  proper  authority  from  those  in  whose  be- 
half they  appear.  Powers  of  attorney  must  be  signed  in  the  presence  of  two 
witnesses,  and  acknowledged  before  a  duly  qualified  officer,  whose  official  char- 
acter must  be  certified  under  seal. 

In  aU  cases  the  post-office  address  of  the  claimant  must  be  distinctly  stated, 
over  his  or  her  proper  signature. 

Applications  under  this  act  will  be  numbered  and  acknowledged,  to  be  acted 
on  in  their  turn.  In  filing  additional  evidence,  corresjwndents  should  always 
give  the  number  of  the  claim  as  well  as  the  name  of  the  claimant. 

I.  Abict  pensions.  faoe 

1138.  Invalid's  application  for  pension 598 

11 89.  Widow's  application 594 

1140.  G\iardian's  application  on  behalf  of  minor  children 595 


PENSIONS.  593 


Army  Pensions. 


PAQK 

1141.  Mother's  application 595 

1142.  Guardian's  application  on  behalf  of  orphan  sisters 596 

Navy  pensioks  and  pkize-money. 

1143.  Invalid's  application  for  pension 537 

1144.  Widow's  application 597 

1145.  Guardian's  application  on  behalf  of  minor  children 597 

1146.  Mother's  application 598 

1147.  Guardian's  application  on  behalf  of  orphan  sisters 598 

1148.  Application  for  prize-money 598 


I.  Aemt  Pensioks. 

1138.  Invalid's  Application  for  Army  Pension. 
State  of  [or,  District,  or,  Territory,  designating  ) 

County  of  where  the  application  is  sworn  to.]  )  *  ' 

On  this         day  of  ?  18    ,  personally  appeared  before  me,  a  [here 

give  name  and  title  of  officer  duly  authorized  to  administer  oathn],  within 
and  for  the  county  and  State  afoiesaid,  A.  B.,  a  resident  of  ,  in  the 

county  of  ,  and  State  of  ,  aged  years,  who,  being  first  duly 

sworn,  according  to  law,  *  declares  that  he  is  the  identical  A.  B.  who 
enlisted  in  the  service  of  the  United  States  at  ,  in  the  State  of  , 

on  the         day  of  ,  18    ,  as  a  [here  designate  ranlc — e.  g.^  private,  or, 

corporal],  in  company  [designating  it  hy  its  letter^  commanded  by  [here 
give  name  ofcaptaini,  in  the  Regiment  of  [here  name  State]  volunteers, 

cavalry  [or,  infantry,  or,  artillery],  in  the  war  of  1861,  and  was  honorably 
discharged  on  the         day  of  ,  18    .  t    That  while  in  the  service 

aforesaid,  and  in  the  line  of  his  duty,  on  or  about  the        day  of  ,  in 

the  year  of  our  Lord  18  ,  he  received  the  following  wound  [or  other  dis- 
ability, as  thf  case  may  he  ;  and  here  give  a  particular  and  minute  account 
of  the  wound  or  other  injury,  and  state  how,  when  and  wnere  it  occurred, 
where  the  applicant  has  resided  since  leaving  the  service,  and  what  has  been 
his  occupation]. 

He  makes  this  application  for  a  pension,  provided  by  the  act  of  Congress 
apprQved  July  14,  1862  [and  hereby  appoints  J.  K.,  of  ,  his  lawful 

attorney,  and  authorizes  him  to  present  and  prosecute  this  claim,  and  to 
receive  and  receipt  for  any  orders  or  certificates  that  may  be  issued  in 
satisfactioa  thereof.](J)     My  post-ofiice  address  is  as  follows  [stating  it]. 

[Signature  of  claimant.] 

Also  personally  appeared  before  me,  M.  N.  and  O.  P.,  residents  of  , 

in  the  county  of  ,  and  State  of  ,  to  me  well  known  as  credible 

persons,  who,  being  duly  sworn,  declare  that  they  were  present  and  saw 
said  A.  B.  sign  his  name  [or,  make  his  mark]  to  the  foregoing  declaration, 
and  that  they  believe,  from  the  appearance  of  the  applicant  and  their  ac- 
quaintance with  him,  that  he  is  the  identical  person  he  represents  himself 
to  be,  and  that  his  character  and  habits  are  good,  and  that  his  occupation 

(b)  This  clause,  appointing  an  attorney,  is  not  essential. 
38 


594  ABBOTTS'  FORMS. 


Applications  for  Pensions. 


is  that  of  a  ,  and  they  further  state  that  they  have  no  interest  in  the 

prosecution  of  this  claim.  [Signatures  of  witnesses. ■] 

SwoEiT  to  and  subscribed  before  me,  this         day  of  ,  18    ,  and  I 

hereby  certify  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution 

of  this  claim.  rev-       j.         j-         •  ,    ^  -i 

n^^  .  ■,       ,  .-         ,  {bignatureofmagutrateA 

[Official  seal,  if  any.]  ^    ^  "^     ^  -" 

1139.    Widow''a  Application  for  Army  Pension. 

[As  in  preceding  form  to  the*,  continuing  thus:]  doth  on  her  oath  make 
the  following  declaration,  in  order  to  obtain  the  benefits  of  the  provision 
made  by  the  act  of  Congress,  approved  July  14,  1862,  granting  pensions: 
That  she  is  the  widow  of  C.  B.,  late  of  the  county  of  ,  and  State 

of  ,  who  was  a  [here  designate  ranh — e.  g.,  corporal,  or,  private]  in 

Company  [letter  of  company],  commanded  by  [here  give  name  of  captain], 
in  the  Eegiment  of  [here  name  State]  volunteers,  cavalry  [or,  infantry, 

or,  artillery],  mustered  into  the  service  of  the  United  States  from  the  State 
of  ,  in  the  war  of  1861,  and  who  died  [or,  was  killed]  at  [here 

specify  the  cause  of  death],  on  the        day  of  ,  18    ,  as  this  deponent 

verily  believes.  She  further  declares  that  she  was  lawfully  married  to  the 
said  C.  B.,  at  ,  in  the  State  of  [by  M.  N.,  a  clergyman,  or  other 

authorized  functionary,  on  the        day  of  ,18    ];  that  her  husband, 

the  aforesaid  C.  B.,  died  on  the  day  above  mentioned,  as  she  verily  believes, 
and  she  remained  his  faithful  wife  until  his  decease.  She  further  declares 
that  she  has  remained  his  widow  ever  since  the  death  of  her  said  husband 
[until  the        day  of  ,  whe'^  she  married  again  her  present  husband, 

being  of  ,  all  of  whi^h  will  more  fully  appear  by  reference  to 

the  proof  hereto  annexed],  f  She  further  declares  that  she  had,  by  said 
deceased  husband,  child  now  living,  under  the  age  of  sixteen 

years,  named,  aged  and  residing  as  follows :  ,  and  that  she  lias  not, 

in  any  manner,  been  engaged  in,  or  aided  or  abetted,  the  rebellion  in  the 
United  States,  and  that  her  maiden  name  was  [and  she  hereby 

appoints  J.  K.,  of  ,  her  lawful  attorney,  to  procure  for  her  the  pension 

mentioned  in  the  above  application,  and  to  receive  and  receipt  for  any  cer- 
tificate which  may  issue  in  her  favor  in  connection  with  the  same,  hereby 
ratifying  and  confirming  whatever  her  said  attorney  may  do  in  the 
premises]. (c)    My  post-oflBce  address  is  [stating  it]. 

[Signature  of  claimant.] 

Also  personally  appeared  M.  N.  and  O.  P.,  residents  of  ,  in  the 

county  of  ,  and  State  of  ,  persons  whom  I  certify  to  be  respect- 

able and  entitled  to  credit,  and  who,  being  by  me  duly  sworn,  say  that  they 
were  present  and  saw  A.  B.  sign  her  name  [or,  make  her  mark]  to  the  fore- 
going declaration ;  and  they  further  swear  that  they  have  known  the  parties 
above  described  to  have  lived  together  as  husband  and  wife  for  years 

previous  to  and  up  to  the  time  of  deceased  going  into  the  aforesaid  service 
of  the  United  States,  and  they  have  every  reason  to  believe,  from  the  ap- 

(c)  See  preceding  note. 


PENSIONS.  595 


Application  by  Guardian. 


pearance  of  the  applicant,  and  their  acquaintance  with  her,  that  she  is  the 
identical  person  she  represents  herself  to  be,  and  that  they  have  no  interest 
in  the  prosecution  of  this  claim. 
SwoEN  to  [etc.,  as  in  preceding  form].  [Signatures  of  witnesses.] 

1140.  Guardian's  Application  on  Behalf  of  Minor  Children,  for  Army 

Pension. 

[As  in  Form  1138  to  the  *    continuing  thus:]  makes  the  following 
declaration,  as  guardian  of  the  minor  child  of  0.  B.  deceased,  in  order 

to  obtain  for  the  benefit  of  the  act  of  Congress  approved  July  14, 

1862,  granting  pensions  to  minor  children  under  sixteen  years  of  age,  ol 
deceased  officers  and  soldiers.  That  he  is  the  guardian  of  [naming  the 
minor  child  or  children,  his  ward  or  wards],  whose  father  was  a  [here  desig- 
nate rank — e.  g.,  corporal,  or,  private],  in  Company  [letter  of  company], 
commanded  by  [here  give  name  of  captain],  of  the  Regiment  of  [here 

designate  State]  volunteers,  infantry  [or,  cavalry,  or,  artillery],  in  the  war 
of  1861,  t  who  died  [or,  was  killed]  at  in  the  State  of  ,  on  or 

about  the        day  of  [here  state  the  cause  of  death],  while  in  the  ser- 

vice aforesaid.  That  M.  B.,  the  mother  of  said  child,  was  married  to  said 
[name  the  soldier],  deceased,  at  ,  in  the  county  of  ,  and  State 

of  [by  M.  N.,  a  clergyman,  or  other  authorized  functionary],  on  or 

about  the         day  of  ,  18     ;  and  that  she  died  on  or  about  the 

day  of  ,  18     ;  and  that  he  knows  of  no  record  evidence  of  said  mar- 

riage [or  if  any,  refer  to  it],  and  that§  his  said  ward  is  not  in  the  receipt 
of  any  pension  under  said  act,  or  any  other  act  [and  he  hereby  appoints 
J.  K.,  of  ,  his  lawful  attorney,  and  authorizes  him  to  present  and 

prosecute  this  claim,  and  to  receive  and  receipt  for  any  orders  or  certificates 
that  may  be  issued  in  satisfaction  thereof].  (<?)  My  post-office  address  is  as 
follows  [stating  it],  [Ouardian''s  signature.] 

Also  personally  appeared  before  me,  M.  N".  and  O.  P.,  residents  of  , 

in  the  county  of  ,  and  State  of  ,  to  me  well  known  as  credible 

persons,  who,  being  duly  sworn,  declare  that  they  were  present  and  saw 
said  A.  B.  sign  his  name  [or,  make  his  mark]  to  the  foregoing  declaration ; 
and  that  they  believe,  from  the  appearance  of  the  applicant,  and  their  ac- 
quaintance with  him,  that  he  is  the  identical  person  he  represents  himself 
to  be ;  and  know  that  said  parents  of  said  ward  were  recognized  as  man 
and  wife,  and  so  reputed  in  the  community  in  which  they  resided ;  and 
that  they  have  no  interest,  direct  or  indirect,  in  the  prosecution  of  this 
claim. 

SwoKN  to  [etc.,  as  in  Form  1138].  [Signatures  of  witnesses.] 

1141.  Mother^s  Application  for  Army  Pension. 

[As  in  Form  1138  to  the*,  continuing  thus:]  doth  on  her  oath  make  the 
following  declaration,  in  order  to  obtain  the  benefit  of  the  provision  of  the 

(d)  See  note  (6). 


596  ABBOTTS'  FORMS. 


Application  for  Pensions. 


act  of  Congress  approved  July  14,  1862.  That  she  is  the  widow  of  C.  B. 
deceased,  and  mother  of  [naming  the  soldier],  who  was  [here  state  rank — 
€.  g.,  a  corporal,  or,  a  private]  in  Company  [letter  of  company],  commanded 
by  [here  give  name  of  captain],  of  the  [number]  Regiment  of  [here  designate 
the  State]  volunteers,  infantry  [or,  cavalry,  or,  artillery],  in  the  war  of  1S61,  t 
and  who  died  [or,  was  killed]  in  the  service  aforesaid,  at  ,  in  the  State 

of  ,  on  or  about  the        day  of  »  18    ,  of  [here  state  the  crnise 

of  death].  That  her  said  son,  upon  whom  she  was  wholly  or  in  part 
dependent  for  support,  left  no  widow,  or  minor  child  under  sixteen  years 
of  age,  surviving;  and  that  she  was  married  to  said  0.  B.  at  ,  in  the 

State  of  ,  on  or  about  the        day  of  ,18     [by  M.  K,  a  clergy- 

man, or  other  authorized  functionary] ;  that  she  knows  no  record  evidence 
of  said  marriage  [or  if  any,  refer  to  it] ;  that  her  said  husband  died  on  or 
about  the        day  of  ,18    ;  that  she  has  not  in  any  way  been  engaged 

in,  or  aided  or  abetted  the  rebellion  in  the  United  States ;  and  that  she  is 
not  in  the  receipt  of  a  pension  under  the  second  section  of  the  aforesaid 
act,  or  under  any  other  act.  Nor  has  she  again  married  since  the  death  of 
her  said  son.     [She  hereby  appoints  J.  K.,  of  ,  her  lawful  attorney, 

and  authorizes  him  to  present  and  prosecute  this  claim,  and  to  receive  and 
receipt  for  any  orders  or  certificates  that  may  be  issued  in  satisfaction 
thereof].    My  post-office  address  is  as  follows  [stating  it], 

[Signature  of  claimant.'] 

Also  personally  appeared  before  me,  M.  N.  and  0.  P.,  residents  of  , 

in  the  county  of  ,  and  State  of  ,  to  me  well  known  as  credible 

persons,  who,  being  duly  sworn,  declare  that  they  were  present  and  saw 
said  applicant  sign  her  name  to  the  foregoing  declaration,  and  they  believe, 
from  the  appearance  of  the  applicant  and  their  acquaintance  with  her,  that 
she  is  the  identical  person  she  represents  herself  to  be,  and  know  that  she 
was  recognized  by  said  0.  B.  as  his  lawful  wife,  and  that  she  was  so  recog- 
nized by  the  community  in  which  they  resided;  and  that  they  have  no 
interest,  direct  or  indirect,  in  the  prosecution  of  this  claim. 

SwoBN  to  [etc.,  as  in  Form  1138]. 

[Signatures  of  witnesses.] 


1142.   Guardian's  Application  on  Behalf  of  Orphan   Sisters,  for  Army 

Pension. 

[As  in  Form  1138  to  the  *,  continuing  thus :]  doth  on  oath  make  the 
following  declaration  as  guardian  of  the  orphan  sister  of  C.  B.,  deceased,  in 
order  to  obtain  for  her  the  benefit  of  the  act  of  Congress,  approved  July  14, 
1862,  granting  pensions  to  or[)han  sisters,  under  sixteen  years  of  age,  of 
deceased  officers  and  soldiers.  That  he  is  the  legally  appointed  guardian 
of  [hej-e  give  the  name  and  age  of  each  sister  entitled],  who  is  the  only  sur- 
viving daughter,  under  sixteen  years  of  age,  of  C.  B.,  and  M.  B.  his  Avife, 
both  deceased,  and  sister  of  [naming  soldier],  who  was  a  [state  rank — e.  g., 
corporal,  or,  private]  in  Company  [letter  of  company],  commanded  by  [here 
give  name  of  captain],  of  the  [numher]  Regiment  of  regulars  [or,  volunteers, 
designating  tlie  State],  infantry  [or,  cavalry,  or,  artillery],  in  the  war  of 


PENSIONS.  597 


Navy  Pensions. 


1861,  and  who  died  [or,  was  killed]  in  the  service  aforesaid,  and  in  the  line 
of  duty,  at  ,  in  the  State  of  ,  on  or  about  the        day  of  , 

18  [here  state  cause  of  death].  That  said  0.  B.,  brother  of  his  said  ward, 
upon  whom  she  is  wholly  or  in  part  dependent  for  support,  having  left  no 
widow,  minor  children,  or  mother,  the  claimant,  as  guardian  and  in  behalf 
of  said  ward,  refers  to  the  accompanying  evidence,  and  to  such  as  may  be 
found  in  the  department,  to  establish  this  claim.  He  further  declares  that 
[continue  as  in  Form  1140  /rom  the  §  to  the  end]. 


n.  Navt  Pensions  and  Prize-Money. 
1143.  Invalid's  Application  for  Navy  Pension. 

[As  in  Form  1138  to  the*,  continuing  thus:]  declares  that  he  is  the  iden- 
tical who  enlisted  in  the  naval  service  of  the  United  States  at  , 
in  the  State  of  ,  on  the  day  of  ,  18  ,  as  a  ,  on  board  oi 
the  ,  commanded  by  ,  in  the  ,  and  was  honorably  dis- 
charged on  the  day  of  ,  18  ;  that  he  is  feet  inches  in 
height  [light]  complexion[sandy]  hair  [blue]  eyes,  and  by  occupation  a  [sailor]. 
[Continue  as  in  Form  11S8  from  the  t  to  the  end]. 


1144.    Widow's  Application  for  N'avy  Pension. 

[As  in  Form  1138  to  the  *,  continuing  thus:]  doth  on  her  oath  make  the 
following  declaration,  in  order  to  obtain  the  benefits  of  the  provision  made 
by  the  act  of  Congress  approved  July  14,  1862,  granting  pensions :  That 
she  is  the  widow  of  0.  B.,  who  was  a  in  the  United  States  navy,  and 

on  board  the  ,  commanded  by  ,  in  the  ,  who  died  [or,  was 

killed]  at  [here  state  the  cause  of  death],  on  the        day  of  , 

18  ,  as  this  deponent  verily  believes.  Slie  further  declares  that  she  was 
lawfully  married  to  the  said  0.  B.  at  ,  in  the  State  of  [by  M.  N.,  a 
(AQr§,yxn&n,  or  other  authorized  fanctionary,  on  ila.Q        day  of  ,18    ]; 

that  her  husband,  the  aforesaid  0.  B.,  died  on  the  day  above  mentioned,  as 
she  verily  believes,  and  she  remained  his  faithful  wife  until  his  decease,  and 
has  remained  his  widow  since  the  death  of  her  said  husband.  Tke  personal 
description  of  the  said  0.  B.,  her  deceased  husband,  is  as  follows  :  Age,  about 
years ;  height,  feet  inches ;  eyes ;  complexion ; 

hair ;  occupation  at  time  of  enlistment,  a  [Continue  as  in  Form 

113  9 /rom  the  t  to  the  end.] 


1145.  Oua/rdiarCs  Application,  on  Behalf  of  Minor  Children,  for  Navy 

Pensions. 

[As  in  Form  1138  ?o  the  *,  continuing  thus:]  makes  the  following  declara- 
tion, as  guardian  of  the  minor  child  [or,  children]  of  0.  B.,  deceased,  in  or- 
der to  obtain  for  him  [or,  them]  the  benefit  of  the  act  of  Congress  approved 
July  14,  1862 :  That  he  is  the  guardian  of  [naming  the  minor  child  or  chilr 


598  ABBOTTS'  FORMS. 


Applications  for  Pensions. 


dren^  his  ward  or  wards],  child  [07;  children]  of  said  deceased,  who  was 
a  in  the  United  States  navy,  and  on  board  the  ,  commanded  by 

,  in  the  .     [Continue  as  in  Form  114(0  from  the  t  to  the  end.] 

1146.  Mother^a  Application  for  Navy  Pension. 

[As  in  Form  1138  to  the  *,  continuing  thus:]  makes  the  following  declara- 
tion, in  order  to  obtain  the  benefit  of  the  act  of  Congress  approved  July  14, 
1862:  That  she  is  the  widow  of  0.  B.,  deceased,  and  mother  of  [naming 
tailor],  who  was  a  in  the  United  States  navy,  on  board  the  , 

commanded  by  .     [Continue  as  in  Form  llil  from  the  t  to  the  end.] 


1147.  Guardian's  Application  on  Behalf  of  Orphan  Sisters. 

[As  in  Form  1138  to  the  *,  continuing  thus :]  makes  the  following  declara- 
tion, as  guardian  of  the  orphan  sister  of  0.  B.,  deceased,  in  order  to  obtain 
for  the  benefit  of  the  act  of  Congress  approved  July  14,  1862,  grant- 

ing pensions  to  orphan  sisters,  under  sixteen  years  of  age,  of  deceased  oflS- 
cers  and  soldiers  :  That  he  is  the  legally-appointed  guardian  of  [na7ne  the 
minor  child  or  children,  his  -ward  or  wards]  who  is  [or,  are]  the  only  sur- 
viving daughter  ,  under  sixteen  years  of  age,  of  and  his  wife, 
both  deceased,  and  sister  of  [naming  sailoi-],  who  was  a  in  the  United 
States  navy,  on  board  of  the  ,  commanded  by  ,  of  ,  who 
died  [or,  was  killed]  in  the  service  aforesaid,  and  in  the  line  of  duty,  at  , 
in  the  State  of  ,  on  or  about  the  day  of  ,18  [here  state  the 
cause  of  death] ;  that  said  C.  B.,  brother  of  his  said  ward  ,  upon  whom  she 
is  wholly  or  in  part  dependent  for  support,  having  left  no  widow,  minor 
children  or  mother,  the  claimant,  as  guardian  and  in  behalf  of  said  ward  , 
refers  to  the  accompanying  evidence,  and  to  such  as  may  be  found  in  the 
department,  to  establish  this  claim.  He  further  declares  that  [continue  as 
in  Form  114:0  from  th«  §  to  the  end]. 

1148.    Application  for  Prize-Tnoney, 

State  [etc.,  as  in  Form  1138]. 

I,  A.  B.,  do  solemnly  swear  that  I  am  the  identical  A.  B.  who  served  by 
that  name  as  a  on  board  the  United  States  ,  in  the  year  18    , 

when  she  captured  the  prize  ,  and  who  is  named  in  the  cei'tificate  of 

discharge,  dated  ,  18    ,  signed  by  ,  which  is  herewith  presented 

and  surrendered.    I  also  solemnly  swear  that  I  am  now  years  of  age ; 

am  a  native  of  ;  that  I  enlisted  at  ,  on  or  about  the        day  of 

,18    ,  in  the  grade  of  ;  that  my  ship's  number  was  .    I 

also  solemnly  swear  that  I  have  not  made  any  previous  assignment  of  or 
application  for  the  prize-money  now  claimed  by  me ;  and  further,  that  I 
now  reside  at  ,  and  am  employed  as  a  ,  and  that  I  am  unable 

to  obtain  a  certificate  from  any  of  the  officers  under  whom  I  served  [and 
the  applicant  hereby  appoints  J.  K.,  of  ,  as  his  lawful  attorney,  and 


PETITIONS.  599 


Prize  Money  Claim. 


authorizes  him  to  present  and  prosecute  his  claim,  and  to  receive  and  re- 
ceipt for  all  orders  or  moneys  that  may  he  issued  or  paid  in  satisfaction 
thereof.  [Signature  of  claimant.] 

Sworn  to  and  subscrihed  before  me,  this         day  of  ,  a.  d.  1 8    . 

And  I  certify  that,  to  the  best  of  my  knowledge  and  belief,  the  statement 
of  deponent,  in  regard  to  his  residence  and  employment,  is  true,  my  know- 
ledge of  deponent  being  derived  from  the  statements  of  M.  F.  and  0.  P, 
the  subscribing  witnesses.  And  I  also  certity  that  the  above-named  de- 
ponent appears  to  be  about  the  age  stated  by  him ;  that  he  is  about 
feet  inches  in  height,  of  complexion,  hair,  and  eyes. 

[Signature  and  title  of  notary. 1 
State  of  [etc.,  as  in  Form  1138]. 

On  this        day  of  ,  18    ,  before  me,  a  notary  public  in  and  for  the 

State  and  county  aforesaid,  duly  qualified  to  administer  oaths,  personally 
appeared  M.  N.,  residing  at  ,  and  employed  as  a  ;  and  also 

O.  P.,  residing  at  ,  and  employed  as  a  ,  who  being  duly  sworn, 

depose  and  say :  That  they  reside  and  are  employed  as  aforesaid ;  that  they 
have  a  personal  knowledge  of  A.  B.,  who  signed  the  foregoing  oath  of  iden- 
tity in  their  presence ;  and  that  he  is  the  identical  A.  B.  who  served  on 
board  the  United  States  as  a  ,  from  ,  18    ,  to  , 

18    ,  and  who  is  named  in  certificate  of  discharge,  dated  ,  18    ,  and 

signed  by  ,  which  he  aflBxed  in  their  presence  to  this  original  receipt' 

that  their  knowledge  of  him  was  obtained  [here  state  howl.  -^^^  they  fur- 
ther depose  and  say,  that  they  have  no  interest  in  the  claim  of  the  said  A. 
B.  for  prize-money.  [Signatures  of  witnesses.] 

Sworn  to  and  subscribed,  the  day  and ) 
year  above  written,  before  me,       f 
[Signature.!  title  and  seal  of  notary.] 

I  CERTiFT  that  the  signature  to  the  foregoing  oath  of  identity  is  witnessed 
by  me ;  that  it  was  signed  in  my  presence  by  A.  B.,  who  is  weU  known  to 
me  as  the  identical  person  who  served  by  that  name  on  board  the  United 
States  ,  when  she  captured  the  prize 

[Signature]  United  States  Navy. 


CHAPTEE  LXX. 

PETITIONS. 


A  Petition  is  a  written  request  addressed  to  a  public  oflBcial,  person,  body 
or  tribunal.  No  particular  form  is  generally  requisite,  but  the  appropriate 
frame  of  commencement  and  conclusion  in  the  cases  most  frequently  arising 
are  as  follows 


600  ABBOTTS'  FORMS. 


Petitions. 


PAGE 

1149.  Petition  to  Congress 600 

1150.  To  the  governor  of  a  State 600 

1151.  To  a  court 600 

1162.  To  a  judge  of  a  court 600 


114:9.  Petition  to  the  Congress  of  the  United  States. 

To  THE  HONOBABLE  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America,  in  Congress  assembled : 

The  petition  of  the  subscribers,  citizens  of  ,  respectfully  shows 

[here  state  the  request  and  the  facts  upon  which  it  is  urged]. 

And  your  petitioners  will  ever  pray,  etc  [Signatures.] 

1150.  Petition  to  the  Governor  of  a  State. 
To  HIS  EXCELLENCY  [naming  him]  the  Governor  of  the  State  of  : 

The  petition  of  [etc.,  continuing  as  above]. 

1151.  Caption  of  a  Preliminary  Petition  to  the  Court. 

To  the  Supreme  Court  of  the  State  of  New  York  [or  other  court,  giving  it» 
full  official  designation] : 
The  petition  of  ,  of  the  city  of  ,  shows. 

1152.  Caption  of  a  Prelimina/ry  Petition  to  a  Judge. 

To  Hon.  James  Kent,  one  of  the  justices  of  the  Supreme  Court  [or  other 
court  or  magistrate,  as  above] : 
The  petition  of  [etc.,  as  above]. 


CHAPTEE  LXXI. 

POOR  LAWS. 


Obligation  of  relatives. — The  statute(a)  provides  that  the  father,  mother  and 
children  who  are  of  suflBcient  ability,  of  any  poor  person  who  is  blind,  old, 
lame,  impotent  or  decrepit,  so  as  to  be  unable  by  work  to  maintain  himself, 
shall,  at  their  owti  charge,  relieve  and  maintain  such  poor  person  in  such  man- 
ner as  shall  be  approved  by  the  overseer  of  the  poor  of  the  town  where  such 
poor  person  may  be. 

If  such  relatives  fail  to  do  so,  the  overseer  of  the  poor  of  the  town  should 

(a)  1  Bev.  Stat,  of  X.  T.,  614. 


POOR  LAWS.  601 


Application  to  Compel  Support  by  Relative. 


apply  to  the  Court  of  Sessions,  whlcli  court,  after  summarily  examining  into 
the  matter,  may  compel  such  relief,  directing  the  relative  or  relatives  who 
shall  perform  the  duty,  in  the  following  order :  The  father  shall  be  first  re- 
quired to  maintain  the  poor  person  ;  if  there  be  none  of  sufficient  ability,  then 
the  children  of  such  poor  person ;  and  if  no  children  of  sufficient  ability,  then 
the  mother. 

If  it  appear  that  any  of  the  persons  so  required  are  able  to  maintain  in 
part  only,  the  court  will  direct  what  proportion  or  how  much  each  shall  sus- 
tain. Obedience  to  the  order  may  be  enforced  by  a  suit,  and  the  property  of 
the  person  so  ordered  to  contribute  to  the  support  of  a  poor  relative  may  bo 
taken  and  sold  to  enforce  compliance  with  the  order. 

Public  relief. — Where  there  are  no  relatives  able  to  contribute  to  such  main 
tenance,  a  poor  person  who  is  blind,  lame,  old,  sick,  impotent  or  decrepit,  (jr 
in  any  other  way  disabled  or  enfeebled,  so  as  to  be  unable  by  his  work  to  main- 
tain himself,  is  to  be  maintained  by  the  county  or  town  in  which  he  may  be. 

The  mode  in  which  public  relief  is  to  be  provided  varies  very  much  in  the 
different  States,  and  in  some  of  the  States  different  systems  are  adopted  for 
different  localities.  The  forms  given  below  are  those  used  in  some  of  the  most 
frequent  proceedings  in  the  system  most  extensively  adopted  in  the  State  of 
New  York,  and  will  serve,  to  some  extent,  as  a  guide  in  framing  forms  appro- 
priate to  peculiar  and  local  statutes.  The  proceedings  in  cases  of  Bastardy 
and  indigent  Insane  are  treated  under  those  titles. 

PAGE 

1153.  Application  to  compel  a  person  to  support  a  poor  relative 601 

1154.  Notice  to  the  relative,  of  application 602 

1155.  Warrant  to  seize  the  goods  of  an  absconding  father,  husband  or  rnotlier. . .   302 

1156.  Return  of  overseer 602 

1157.  Order  by  the  sessions 602 

1168.  Notice  from  one  town  liable  to  support  its  own  poor,  to  another,  requiring 

the  overseers  to  provide  for  support  of  a  pauper , 603 

1159.  Notice  contesting  alleged  settlement 603 

1160.  Decision  by  the  superintendents  as  to  the  settlement  of  a  pauper 603 

1161.  Superintendent's  notice  that  pauper  will  be  supported  at  the  expense  of  a 

town,  in  a  county  where  the  towns  support  their  own  poor 604 

1162.  Justice's  order  for  temporary  relief  of  a  pauper 604 


1 153.  Application  to  Compel  a  Person  to  Support  a  Poor  Relative. 

To  the  Court  of  Sessions  of  the  county  of  : 

The  application  of  the  undersigned  A.  B-,  overseer  of  the  poor  of  the 
town  of  [or,  county  superintendent  of  the  poor],  in  said  county, 

respectfully  represents,  that  0.  D.,  a  poor  person,  who  is  blind  [or,  old, 
lame,  impotent,  or,  decrepit],  so  as  to  be  unable  by  work  to  maintain  him- 
self [o?-,  herself],  is  in  the  said  town ;  that  E.  D  ,  who  resides  at  ,  in 
the  said  county,  is  the  father  of  the  said  0.  D.,  and  has  failed  at  his  own 
charge  to  relieve  and  maintain  the  said  C.  D.  in  a  manner  approved  by  the 
undersigned :  Wherefore,  pursuant  to  the  statute  of  this  State,  the  under- 
signed hereby  applies  for  an  order  to  compel  the  said  E.  D.,  who  is  of  suffi- 
cient ability,  to  relieve  and  maintain  the  said  0.  D.  in  the  manner  to  be  in 
Buch  order  specified.                                                   [Signature  and  title.] 

[Date.] 


602  ABBOTTS'  FORMS. 


Compelling  Support  of  Pauper  Kelatives. 


1154.  Notice  to  the  Relative^  of  Application. 

Please  take  notice,  that  on  the         day  of  ,  at         o'clock  in  the 

noon,  or  as  soon  thereafter  as  the  application  can  be  heard,  the  under- 
signed wil]  apply  to  tlie  Court  of  General  Sessions  of  the  peace  of  the  county 
of  ,  at  ,  for  an  order  to  compel  the  relief  asked  for  in  thewitnin 

application.  [Signature  and  title.'] 

[Date.] 

[Address  to  relative  of  pauper.] 


1155.   Warrant  to  Seize  the  Goods  of  An  Absconding  Father^  Husband  or 

Mother. 

OOTJNTY   OF  ,  SS. 

To  ,  overseer  of  the  poor  of  the  town  of  ,  in  said  county : 

It  APPEAEmo  to  us,  two  of  the  justices  of  the  peace  of  said  county,  as 
well  by  the  application  and  representation  to  us  made  by  the  said  overseer, 
as  upon  due  proof  of  the  facts  before  us  made,  that  0.  D.,  late  of  said  town, 
has  absconded  from  his  wife  and  children,  leaving  said  wife  and  children 
[likely  to  become]  chargeable  to  the  public  for  support;  and  that  said  0.  D. 
has  some  estate,  real  or  personal,  in  said  county,  whereby  the  public  may 
be  wholly  or  in  part  indemnified  against  said  charge :  We,  THEREFoiiE,  au- 
thorize you  to  take  and  seize  the  goods,  chattels,  eflfects,  things  in  action, 
and  the  lands  and  tenements  of  said  0.  D.,  wherever  the  same  may  be 
found  in  said  county;  and  you  will  immediately  thereupon  make  an  inven- 
tory of  the  property  by  you  taken,  and  return  the  same,  together  with  your 
proceedings,  to  the  next  Court  of  Sessions  of  said  county. 

Given  under  our  hands,  at  ,  this        day  of  ,  18     . 

[Signatures  of  two]  Justices  of  the  Peace. 


1156.  Return  of  Overseer. 

County  of  ,  ss. 

To  the  Court  of  Sessions  of  said  county  : 

The  undersigned,  to  whom  the  annexed  warrant  is  addressed,  on  the 
day  of  ,  18    ,  in  the  said  county  of  ,  by  virtue  of  the  said  warrant, 

seized  the  property  of  which  an  inventory  is  hereunto  annexed,  and  the  pro- 
ceedings of  the  undersigned,  subsequent  to  the  said  seizure,  are  as  follows 
[here  state  the  proceedings].    All  which  is  herewith  respectfully  returned. 

[Date.]  [Signature  and  title.] 


1157.   Order  by  the  Sessions. 

At  a  Court  of  Sessions  held  in  and  for  the  county  of    .        ,  at  ,  in 

the  city  of  ,  on  the        day  of  ,  present  [naming  the  judges] : 


POOR  LAWS.  603 


Public  Eelief. 


In  the    matter  of   the   application 

for  the  support  of  0.  D., 

a  poor  person. 


On  reading  and  filing  the  application  of  the  overseers  of  the  poor  of  the 
town  of  ,  and  after  hearing  the  proof  and  allegations  of  both  of  said 

parties ;  and  it  appearing  to  the  court  that  A.  B.  is  a  poor  person  residing 
in  the  town  of  ,  is  blind  [or,  old,  lame,  impotent,  or,  decrepit],  so  as 

to  be  unable  to  work,  to  maintain  himself,  and  E.  D.,  his  father  [or,  his 
son,  he  having  no  father,  or  otherwise,  as  the  case  may  le]  is  of  suflBcient 
ability  to  relieve  and  maintain  the  said  0.  D.,  but  neglects  and  refuses  to 
do  so,  although  requested  by  the  said  overseers :  ORrEEEo,  that  the  said  E. 
D.  relieve  and  maintain  the  said  C,  D.  in  a  manner  approved  by  the  said 
overseers ;  and  for  that  purpose  shall  pay  to  the  said  overseers  the  sum  of 
on  day  of  each  week  until  the  further  order  of  the  court,  which 

said  sum  the  said  court  adjudges  necessary  for  the  support  of  the  said  C.  D. 
And  it  is  further  ordered,  that  the  said  E,  D.  pay  to  the  said  overseers  the 
sum  of  ,  the  costs  and  expenses  of  this  application. 

1158.  Notice  From  One  Town  Liable  to  Support  Its  Own  Poor,  to  Another^ 
Requiring  the  Overseers  to  Provide  for  Support  of  a  Pauper. 

COXJNTT  OF  ,  ss. 

To  the  overseers  of  the  poor  of  the  town  of  : 

You  are  hereby  notified,  that  A,  B.,  a  pauper,  who  has  gained  a  settle- 
ment in  your  town,  to  which  he  belongs,  is  in  the  town  of  ,  in  said 
county,  and  is  supported  at  the  expense  of  the  said  town  of  ,  for 
which  the  undersigned  are  overseers.  You  are  therefore  required  to  pro- 
vide for  his  rehef  and  support.                                 [Signatures  and  titles!] 

[Date.] 


1159.  Notice  Contesting  Alleged  Settlement. 

To  the  overseers  of  the  poor  of  the  town  of  : 

You  are  hereby  notified  that  the  undersigned  will  appear  before  the  su- 
perintendents of  the  poor  of  the  county  of  at  ,  on  the  day 
of  ,  at         o'clock  in  the         noon,  to  contest  the  alleged  settlement 

of  A.  B.,  a  pauper,  stated  in  your  notice  of  the         day  of 

[Date.]  [Signature  and  title.] 

1160.  Decision  hy  the  Superintendents  as  to  the  Settlement  of  a  Pauper. 
County  of  ,  ss. 

The  undersigned,  superintendents  of  the  poor  of  said  county,  having  con- 
vened, as  required  by  notice  of  the  overs-eers  of  the  poor  of  the  town  of 
,  in  said  county,  to  hear  and  determine  a  controversy  between  the 


604:  ABBOTTS'  FOEMS. 


Poor  Laws. 


said  overseers  and  the  overseers  of  the  town  of  ,  in  said  county,  con- 

cerning the  settlement  of  A.  B.,  a  pauper,  upon  hearing  of  the  facts,  liereby 
decide  that  the  legal  settlement  of  the  said  A.  B.,  as  such  pauper,  is  [notj 
in  the  said  town  of  .     And  we  award  to  the  overseers  of  the  poor  of 

the  town  of  ,  dollars  costs  of  said  proceeding,  by  thera  ex- 

pended. 
GiTEN  under  our  hands  and  seals,  at  ,  this        day  of  ,  18    . 

[Signatures  of]  Superintendents  of  the  Poor. 


1161.  Superintendents^  Notice  that  Pauper  will  be  Supported  at  the  Expense 
of  a  Town,  in  a  County  where  the  Towns  Support  Their  Own  Poor. 

County  op  ,  ss. 

To  the  overseers  of  the  poor  of  the  town  of  : 

A.  B.,  a  pauper,  having  been  sent  to  the  poorhouse  as  a  county  pauper, 
and  the  undersigned,  superintendents  of  the  poor  of  said  county,  having  in- 
quired into  the  facts,  and  being  of  opinion  that  the  said  pauper  has  a  legal 
settlement  in  the  town  of  ,  in  said  county,  pursuant  to  the  statute, 

you  are  hereby  notified  that  the  expenses  of  the  support  of  said  pauper  will 
be  charged  to  the  town  of  ,  unless  you,  within  days,  after  the 

service  of  this  notice,  show  that  the  said  town  of  ought  not  to  be  so 

charged.  [Signatures  and  titles.] 

[Pate.] 

1162.  Justice's  Order  for  Tempora/ry  Relief  of  a  Pauper. 

The  overseers  of  the  poor  of  the  town  of  ,  having  applied  to  the 

undersigned,  a  justice  of  the  peace  of  the  said  town,  relative  to  A.  B.,  a 
person  applying  to  them  for  relief,  and  the  undersigned  having  examined 
into  the  facts,  and  it  appearing  that  the  said  A.  B.,  so  applying,  requires 
only  temporary  relief  [wr,  is  sick,  lame,  or  otherwise  disabled,  so  that  he  can- 
not be  conveniently  removed  to  the  county  poorhouse],  the  undersigned 
hereby  orders  the  said  overseers  to  apply  dollars  per  week  for  the 

relief  of  the  said  A.  B.,  until  they  have  expended  the  sum  of  dollars,  or 
such  sum  less  than  that  amount  as  may  be  found  sufficient  for  the  temporary 
relief  of  the  said  pauper.  [Sigyiature  and  title.] 

[Date.] 


POWERS  OF  ATTORNEY.  605 

General  Principles. 


CHAPTEE  LXXII. 

POWERS  OF  ATTORNEY. 

A  POWER  OF  ATTOBNEY  is  a  written  delegation  of  authority,  by  wMch  one 
person  enables  another  to  do  an  act  for  him. 

An  agent  acting  under  a  power  of  attorney  is  usually  termed  an  attorney  in 
fact,  by  way  of  distinction  from  an  attorney  at  law. 

No  one  can  appoint  an  attorney  in  fact  who  is  not  legally  capable  of  acting 
for  himself.  Not  only  all  persons  who  are  capable  of  acting  for  themselves, 
but  even  some  who  are  disqualified  from  acting  in  their  own  capacity,  if  they 
have  sufficient  understanding,  as  minors  of  a  discreet  age,  and  married  women, 
may  act  as  attorneys  in  fact  for  others.  The  authority  given  is  termed  either 
general  or  special ;  according  as  it  extends  to  the  transaction  of  all  the  business 
of  the  constituents  or  grantors  of  the  power,  or  is  confined  to  doing  some 
special  act  or  business  particularly  named  in  the  letter  of  attorney. 

Where  a  power  is  special,  and  the  authority  limited,  the  attorney  cannot 
bind  his  principal  by  any  act  in  which  he  exceeds  that  authority.  The  au- 
thority of  the  attorney  is  to  be  strictly  construed  ;  though  it  is  to  be  taken  to 
include  all  necessary  means  of  executing  it  with  effect. 

Hence  a  party  dealing  with  the  attorney  in  fact  of  another  should  look  to  the 
terms  of  the  power  to  see  that  the  authority  given  is  suflaciently  broad. 

If  the  power  prescribes  any  condition  in  its  execution,  such  as  for  instance 
the  consent  of  a  third  person,  it  must  be  strictly  pursued. 

Where  a  power  is  vested  in  several  persons,  jointly,  all  should  unite  in  exe- 
cuting it.  It  is  provided,  however,  by  statute  in  New  York,  in  the  case  of 
powers  relating  to  lands,  that  after  the  death  of  one  or  more  such  persons  the 
power  may  be  executed  by  the  survivors.(a) 

A  power  is  said  to  be  coupled  with  an  interest  when  the  attorney  has,  by 
virtue  of  it,  or  of  the  instrument  containing  it  or  otherwise,  a  present  or  future 
beneficial  interest  in  the  subject-matter.  A  naked  authority  may  be  revoked 
at  any  time  by  the  person  who  gave  it,  and  expires  with  liis  life ;  but  a  power 
coupled  with  an  interest  is  not  revoked  by  the  death  of  the  grantor,  nor  is  it 
revocable  at  his  pleasure.  A  power  of  attorney  which  forms  part  of  a  con- 
tract, and  is  security  for  money,  or  for  the  performance  of  any  act  which  is 
considered  valuable,  is  regarded  as  coupled  with  an  interest,  and  is  irrevocable. 

One  acting  under  a  power  giving  only  a  delegated  discretionary  authority 
cannot  give  to  another  person  a  general  authority  to  execute  the  same,  unless 
he  is  specially  authorized  to  do  so  by  the  instrument  creating  the  power.  Thus, 
if  a  trustee  have  a  power  to  sell  lands,  he  cannot  give  a  general  authority  to 
an  agent  to  sell  and  convey,  or  to  contract  absolutely  for  a  sale ;  though  he 
may  empower  the  agent  to  contract,  subject  to  his  ratification,  and  to  convey 
after  ratification ;  but  the  better  practice  is  for  the  trustee  to  execute  the 
conveyance  himself.  So  an  attorney,  acting  under  a  power,  cannot  delegate  his 
authority  or  appoint  a  substitute,  unless  the  power  expressly  gives  authority 
to  do  so. 

A  revocation  of  a  power  takes  effect,  as  to  the  agent,  from  the  time  that  it 
is  communicated  to  him,  and,  as  to  third  persons,  from  the  time  that  it  is  made 
known  to  them  ;  but,  as  respects  third  persons,  the  question  of  notice  depends 
in  each  case  upon  its  own  peculiar  circumstances. 

The  death  of  an  attorney  authorized  to  apix)int  an  attorney  under  him,  and 
to  revoke  such  appointment  at  his  pleasure,  necessarily  revokes  the  power  of 
a  substitute  so  appointed. 

Powers  of  attorney  are  usually  under  seal.     If  the  power  is  to  convey  land 


(a)l  Sev.  Stat.,  1S5;  §  112. 


606  ABBOTTS'  FORMS. 


Powers  of  Attorney. 

or  do  any  other  act  requiring  the  execution  of  an  instrument  under  seal,  the 
power  must  be  executed  and  attested  with  tlie  same  formalities  which  the  law 
requires  in  the  execution  of  the  principal  instrument,  such  as  acknowledgment, 
record,  etc. 

The  attorney,  in  a  simple  power  of  attorney,  must  act,  not  in  his  own  name, 
but  in  the  name  of  his  constituent ;  and  hence,  if  it  is  to  execute  a  deed,  the  con- 
stituent, not  the  attorney,  should  be  named  as  the  grantor ;  and  the  attorney 
should  sign  the  constituent's  name,  adding  his  own — thus,  A.  B.  by  C.  D.,  his 
attorney. 

PAGB 

1163.  Short  forn 606 

1164.  General  form,  with  power  of  substitution  and  revocation 606 

1165.  Power  to  collect  debts 607 

1166.  Power  to  collect  rents 607 

1167.  Power  to  receive  dividends,  etc 607 

1168.  Power  to  receive  a  legacy 607 

1169.  Power  to  transfer  stocls 608 

1170.  Power  to  sell  vessel 608 

1171.  Power  to  manage  real  property 603 

1172.  Power  to  sell  and  convey  land 603 

1173.  Power  to  mortgage  laud 609 

1174.  Power  to  renew  lease  and  sell  the  term 609 

1176.  Power  to  make  partition 609 

1176.  Power  to  effect  insurance 610 

1177.  Power  to  carry  on  business 610 

1178.  Another  form 610 

1179.  The  same ;  a  fuller  form 611 

1180.  Power  to  collect  army  or  navy  claim 612 

1181.  General  custom-house  power 613 

1182.  Special  custom-house  power 613 

1188.  Confirmation  of  attorney's  act 614 

1184.  Power  to  several,  to  act  together,  or  either  one  separately 614 

1185.  Power  to  several  jointly 614 

1186.  A  power  of  attorney  to  two  persons ;  but  in  case  of  the  death,  absence  or 

refusal  of  both  or  either,  then  to  another  alone,  or  with  either  of  them 

that  will  act 614 

1187.  Substitution  of  attorney 615 

1188.  Kevocation  of  power  of  attorney 615 

1163.  Short  Form. 

Know  ai,l  men  by  these  presents,  that  I,  A.  B.,  of  the  town  of  ,  in 

the  county  of  ,  and  State  of  ,  do  hereby  make,  constitute  and 

appoint  Y.  Z.,  of  the  town  of  ,  in  the  county  of  ,  and  State 

of  ,  my  true,  sufficient  and  lawful  attorney,  for  me  and  in  ray  name 

to  [here  state  subject-matter  of  power  ;  see  forms  lelow\  and  to  do  and  per- 
form all  necessary  acts  in  the  execution  and  prosecution  of  the  aforesaid 
business  in  as  full  and  ample  a  manner  as  I  might  do  if  I  were  personally 
present. 

In  witness  \ete.^  as  in  following  form], 

1164.  General  Form,  With  Power  of  Substitution  and  Retocation. 
Know  axl  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  county 

of  ,  and  State  of  ,  have  made,  constituted  and  appointed,  and 


POWERS  OF  ATTORI^Y.  607 

Special  Authority. 

by  these  presents  do  make,  constitute  and  appoint,  Y.  Z.,  of  ,  my  trne 

and  lawful  attorney,  for  me,  and  in  my  name,  place  and  stead,  and  to  my 
use  *  [here  state  the  subject-matter  of  the  power  ;  see  forms  helow],  giving  t  my 
said  attorney  full  power  to  do  every  thing  whatsoever,  requisite  and  neces- 
sary to  be  done  in  the  premises,  as  ftilly  as  I  could  do  if  personally  present, 
with  full  power  of  substitution  and  revocation,  hereby  ratifying  and  con- 
firming all  that  my  said  attorney,  or  his  substitute,  shall  lawfully  do,  or 
cause  to  be  done,  by  virtue  hereof. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  the  day 
of  ,  in  the  year  one  thousand  eight  hundred  and 

Signed,  sealed  and  delivered )  [Signature  of  constituent] 

in  presence  of  ) 

[Signature  of  witness.] 

1165.  Power  to  Collect  Belts. 

[As  in  either  preceding  form^  inserting  at  the  *  the  following :]  to  ask, 
demand,  sue  for,  collect,  receive  and  give  acquittance  for  all  sums  of  money, 
debts  and  demands  whatsoever,  which  are  or  shall  be  due,  owing  and  be- 
longing, to  me,  or  detained  from  me,  by  C.  D.,  of  ,  his  heirs,  executors 
and  administrators,  or  any  of  them  [or,  by  any  person  or  persons  residing 
or  being  in           ]. 

1166.  Power  to  Collect  Rents. 

[As  in  Form  1163  or  1164,  inserting  at  the*  the  following:]  to  ask, 
demand,  distrain  for,  collect  and  receive,  all  such  rents,  and  arrears  of  rent, 
as  now  are  or  may  hereafter  be  due,  or  owing  to  me,  from  ,  of  , 

or  any  of  them,  as  tenants  or  occupants  of  any  lands,  tenements  or  heredita- 
ments, belonging  to  or  claimed  by  me,  situate  in  ,  in  the  State  of  , 
or  which  may  be  due  from,  or  payable  by,  any  other  person  or  persons 
■whomsoever,  as  tenants,  occupiers,  lessees  or  assignees  of  any  term  or  terms, 
of  such  lands,  tenements  or  hereditaments,  or  any  pnrt  of  them ;  and  upon 
receipt  thereof,  to  give  proper  acquittances  and  discharges  thereof. 

1167.  Power  to  Peceive  Dividends,  etc. 

[As  in  Form  1163  or  1164,  inserting  at  the  *  the  following :]  to  receive 
the  dividends  which  are  or  shall  be  payable,  on  all  the  stock  standing  in  my 
name  on  the  books  of  the  treasury  of  the  United  States  [or,  on  the  books  of 
the  Bank  of  ,  as  the  case  may  ie],  and  give  receipt  therefor. 

1168.  Power  to  Receive  a  Legacy. 

Know  all  men  by  these  presents,  that  whereas  M.  K,  late  of  ,  de- 

ceased, by  his  last  will  and  testament  did  give  and  bequeath  unto  me,  A.  B., 
ot  ,  a  legacy  of  dollars,  to  be  paid  unto  me  on  ,  of  which 

said  will,  E.  F.,  of  ,  and  G.  H.,  of  ,  are  joint  executors,  as  by 

the  said  will  appears :  Now  know  ye,  that  I,  the  said  A.  B.,  have  made, 
constituted  and  appointed,  and  by  these  presents  do  make,  constitute  and 
appoint  Y.  Z.,  of  ,  my  true  and  lawful  attorney,  for  me  and  in  my 


608  ABBOTTS'  FORMS. 


Powers  of  Attorney. 


name,  and  for  my  use  and  benefit,  to  ask,  demand  and  receive,  of  and  from 
the  said  E.  F.  and  G.  H.,  the  legacy  given  and  bequeathed  imto  me,  the  said 
A.  B.,  by  the  said  will  of  the  said  M.  N.,  as  aforesaid ;  and  upon  receipt 
thereof  by,  or  payment  thereof  to  my  said  attorney,  to  give  a  general 
release  or  discharge  for  the  same;  giving  [continue  as  in  Form  11Q4:  from 
the  t  to  the  end]. 

1169.  Power  to  Transfer  StocJc. 
[As  in  Form  1163   or  1164,  inserting  at  the  *  the  following:]   to  sell, 
transfer  and  assign,  all  stock  [or,  shares  of  stock]  of  the 

Company  standing  in  my  name  on  the  books  of  the  said  company. 

1170.   Power  to  Sell  Vessel. 

Know  all  men  by  these  presents,  that  we,  A.  B.  (fths),  and  0.  D. 
(|ths),  owners  of  bark  Mary,  of  ,  have  made,  constituted  and  ap- 

pointed, and  by  these  presents  do  make,  constitute  and  appoint  Y.  Z.,  of 
,  our  true  and  lawful  attorney  for  us,  and  in  our  names,  places  and 
stead,  to  sell,  convey  and  transfer  our,  and  each  of  our  aforesaid  interests 
in  said  bark  Mary,  her  tackle,  apparel  and  furniture,  to  any  person  or  per- 
sons, and  for  such  sum  or  sums  of  money  as  he  may  deem  proper,  and  to 
execute  and  deliver  to  the  purchaser,  in  our  and  each  of  our  names,  good 
and  sufficient  bill  or  bills  of  sale,  or  other  instrument  of  conveyance  there- 
for, and  to  receive  the  purchase-money  therefor,  to  our  use,  giving  [continue 
as  in  Form  IIM  from  the\  to  the  end}. 

1171.  Power  to  Manage  Real  Property. 

[As  in  Form  1163  or  1164,  inserting  at  the*  the  following ;]  To  exercise 
the  general  control  and  supervision  over  all  ray  lands,  tenements  and  here- 
ditaments, in  the  county  of  ;  to  prevent,  by  all  lawful  means,  the 
commission  of  any  trespass  or  waste,  or  other  injury  thereupon ;  and,  at  my 
expense,  and  under  the  advice  of  my  counsel,  M.  N.,  Esq.,  of  [or  such 
other  counsel  as  my  said  attorney  may  employ],  to  sue  for  protection 
against  any  such  injury,  and  to  collect,  recover  and  receive,  and  compound 
for,  any  damages  which  may  accrue  by  means  of  the  commission  of  any 
trespass  or  waste  upon  the  said  lands,  tenements  and  hereditaments,  or 
any  part  thereof,  by  any  person  whomsoever. 

1172.  Power  to  Sell  and  Convey  Land. 

[As  in  Form  1163  or  1164,  inserting  at  the*  the  follotoing :]  To  grant, 
bargain  and  8ell(J)  ,  or  any  part  thereof,  for  such  price,  and  on  such 

(J)  A  power  to  sell  and  convey  does  not  v.   Servoss,  3  Barh.,  128;   Gumming  v. 

in  itself   confer   a    power    to    mortgage.  WilHamson,   1   Sandf.    €k.,  17;    Albany 

There  is  a  substantial  diiferenee  between  Fire  Ins.  Co.  v.  Bay,  4  N.  T.  (4  Ckrmit.), 

raising  money  by  mortgage  and  sale ;  and  9.     Nor  does  such  a  power  authorize  one 

a  power  to  raise  it  by  one  of  these  methods  to  license  cutting  timber,  etc.  Hubbard  v. 

merely,   puts    a  negative  on  the  other.  Elmer,  7  Wend.,  446. 
Bloomer  v.  Waldron,  8  HiU,  361 ;  Coutant 


POWERS  OF  ATTORNEY.  609 

Special  Authority. 

terms,  as  to  him  shall  seem  meet,(c)  and  for  me,  and  in  my  name,  to  make, 
execute,  acknowledge  and  deliver,  good  and  sufficient  deeds  and  convey- 
ances for  the  same,  either  with  or  without  covenants  and  warranty.((^ 


1173,   Power  to  Mortgage  Land.{e) 

[As  in  Form  1163  or  1164,  inserting  at  the*  the  following  :~\  to  borrow 
upon  the  security  of  my  ,  in  ,  a  sum  or  sums  not  exceeding 

dollars,  and  to  sign,  seal  and  deliver  a  bond  or  bonds  for  the  pay- 
ment of  such  sums  [Jiere  state  terms  of  payment^  if  the  attorney  is  to  he 
limited  in  this  respect]^  and  to  sign,  seal  and  deliver,  as  collateral  thereto,  a 
mortgage  or  mortgages  upon  said  estate,  with  the  usual  power  of  sale,  and 
interest  and  insurance  clauses,  and  other  usual  provisions  and  covenants. 


1174.  Power  to  Renew  Lease  and  Sell  the  Term. 

[As  in  Form  1163  or  1164,  inserting  at  the*  the  following :}  to  renew  or 
agree  for  a  renewal  of  the  lease,  by  which  I  hold  the  lot  whereon  stands  ray 
house,  known  as  No.  ,  in  street,  in  city,  to  lease  said 

house,  or  to  sell  and  convey  said  house  for  cash,  or  in  part  for  a  purchase- 
money  mortgage,  and  in  case  of  such  sale  to  assign  the  lease  whereby  I  hold 
or  may  then  hold  the  lot  whereon  said  house  stands. 


1175.   Power  to  Make  Partition. 

[As  in  Form  1163  or  1164,  inserting  at  the*  the  following  .-^  to  make  par- 
tition and  division  with  the  other  heirs  of  my  late  father,  deceased,  of  his 
real  estate  [or,  of  his  estate  both  real  and  personal],  and  to  accept  and  re- 
ceive my  share  of  his  personal  estate ;  and,  upon  any  partition  or  division, 
to  enter  upon  and  take  possession  of  any  lands,  tenements  or  hereditaments, 
which  may  be  set  off  to  me  as  my  share  of  the  real  estate  aforesaid ;  and  to 
enter  into  any  covenant  or  agreement  respecting  my  share  [and  the  shares 
of  the  other  heirs]  of  his  estate  [real  or  personal],  which  my  said  attorney 
shall  think  reasonable  and  for  my  interest ;  and,  in  ray  name  and  for  my 
use,  to  demand,  sue  for  and  take  possession  of,  all  and  singular  lands,  tene 


(c)  A  power  to  sell  land  for  a  certain  principal.  Nixon  v.  Hyserott,  5  Johns.,  58 ; 
sum  means  for  ready-money,  where  there  Gibson  v.  Colt,  7  lb.,  390. 

is  nothing  in  the  power,  or  in  the  usage  of  (e)  A  power  to  mortgage  is  not  implied 

trade,  to  manifest  a  dififerent  intention,  in  an  ordinary  power  to  sell.     It  sliould 

Ives  V.  Davenport,  3  Hill,  873.  be  expressed.     A  power  to  mortgage  im- 

(d)  A  power  to  sell,  and  on  such  sale  to  plies  a  power  to  authorize  the  mortgagee 
execute  in  the  name  of  the  principal,  such  to  sell  in  default  of  payment,  for  the  power 
conveyances  and  assurances  in  the  law  of  to  sell  is  one  of  the  customary  and  lawful 
the  premises  as  needful  or  necessary  ac-  remedies  of  the  mortgagee  recognized  by 
cording  to  the  judgment  of  the  attorney,  statute.  Wilson  v.  Troup,  2  Cbw.,  195;, 
does  not  authorize  the  attorney  to  execute  affirming  S.  C,  7  Jo/ins.  Ch.,  25. 

a  deed  with  covenants  so  as  to  bind  the 
39 


610  ABBOTTS'  FORMS. 


Powders  of  Attorney. 


ments  and  hereditaments,  sum  and  suras  of  money,  goods  and  chattels, 
withheld  from  me,  to  which  I  am  entitled,  and  which  I  may  lawfully  claim 
from  the  heirs,  executors  or  administrators  of  my  said  father,  or  any  other 
person  or  persons  whatsoever. 

llTe.  Pmeer  to  Effect  Insurance. 

\Afi  in  Form  1163  or  1164,  inserting  at  the*  the  following :]  to  effect  in- 
surance on  [here  hriejly  designate  the  property  to  he  insured\^  with  the 
Insurance  Company,  in  the  city  of  ,  on  such  terms  as  to  my 

said  attorney  shall  seem  meet  and  proper ;  to  sign  any  application  for  said 
insurance,  any  representation  of  the  condition  and  value  of  said  property, 
articles  of  agreement,  promissory  or  premium  note,  and  all  other  papers 
that  may  be  necessary  for  that  purpose ;  and  also  to  cancel  and  surrender 
any  policy  he  may  obtain,  and  on  such  cancelling,  or  the  expiration  thereof, 
to  receive  any  dividend,  return  premium  or  deposit,  that  may  be  due,  and 
on  such  receipt  full  discharge  to  give  therefor. 


1177.  Power  to  Garry  on  Business. 

[As  in  Form  1163  or  1164,  inserting  at  the*  the  following :]  to  conduct 
and  carry  on  the  business  of  a  merchant  tailor  at  ;  to  buy  and  sell 

,  to  receive  on  commission  and  to  manufacture  ,  and  all  goods, 

and  merchandise,  appertaining  to  said  business,  as  he  may  deem  proper; 
to  make  and  execute,  sign,  seal  and  deliver,  for  me  and  in  my  name,  all 
bills,  bonds,  notes,  specialties  or  other  instruments  in  writing  whatsoever, 
which  shall  be  necessary  to  the  proper  conducting  of  the  said  business.  (/) 


1178.  Another  Form. 

[As  in  Form  1163  or  1164,  inserting  at  the  *  the  following :]  to  take  charge 
of  my  business  as  manufacturer  and  vendor  of  medicines ;  to  purchase  and 
sell,  either  for  cash  or  on  credit,  all  such  articles  and  property  as  he  may 
deem  useful  and  proper  as  connected  with  said  business ;  sign,  accept  and 
indorse  notes,  drafts  and  bills;  to  state  accounts;  to  sue  and  prosecute, 
collect,  compromise  or  settle  all  claims  or  demands  due  or  to  become  due, 
now  existing  or  hereafter  to  arise  in  my  favor,  and  to  adjust,  settle  and  pay 
all  claims  and  demands  which  now  exist  against  me  or  may  hereafter  arise, 
either  as  connected  with  the  foregoing  business  or  otherwise ;  to  take  the 
general  management  and  control  of  my  affairs,  property  and  business,  and 
therein  to  buy,  sell,  pledge  or  mortgage,  and  to  execute  and  enter  into 

(/)  This  poweris  often  given  in  broader  duct  of  such  business  as  to  my  said  at- 

termg.    A  power  of  attorney  given  by  a  torney  shall  seem  meet  in  his  good  discre- 

merchant  "generally  to  conduct  in  my  tion,"  authorizes  drawing  bills  on  drawees 

place  and  stead  my  commercial  business,  who  had  no  effects  of  the  principal.  Dolus 

and  to  sign  my  name  whenever  requisite  v.  Frosch,  1  Den.,  367. 
or  expedient  in  the  transaction  and  con- 


POWERS  OF  ATTORNEY.  611 

For  Conduct  of  Business. 

bonds,  contracts,  mortgages  and  deeds  connected  therewith,  and  in  general 
do  all  other  acts  and  things  which  he  may  consider  useful  or  necessary  con- 
nected with  my  business,  property  and  interests. 


1179.  The  Same;  A  Fuller  Form. 

E[now  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of  , 

being  about  to  depart  from  the  said  city  temporarily,  and  about  to  proceed 
to  Europe,  have  made,  nominated,  constituted  and  appointed  in  my  place 
and  stead,  and  by  these  presents  do  nominate,  constitute  and  appoint,  and 
in  my  place  and  stead  put,  Y.  Z.,  of  the  city  of  ,  my  true  and  lawful 

attorney,  for  me  and  in  my  name,  place  and  stead,  and  to  my  use,  during 
my  said  absence  from  the  said  city,  to  ask,  demand,  sue  for,  levy,  require, 
recover  and  receive,  all  and  all  manner  of  goods,  chattels,  debts,  duties, 
rents,  sum  and  sums  of  money  and  demands  whatsoever  due,  or  hereafter 
to  become  due  and  owing,  or  belonging  unto  me,  on  account  of  the  business 
now  carried  on  by  me  in  the  said  city  of  ,08  ,  or  for  or  on  any 

other  account  whatsoever  by  any  person  or  persons  whomsoever,  and  upon 
the  receipt  thereof  or  of  any  part  or  parts  thereof  to  make,  give  and  execute 
acquittances,  receipt,  releases  or  other  discharges  for  the  same,  whether 
under  seal  or  otherwise,  and  to  give,  execute  and  deliver,  in  my  own  name, 
or  in  the  name  of  my  said  attorney,  all  checks,  acknowledgments,  agree- 
ments and  all  other  instruments  in  writing  of  whatever  nature,  as  to  my 
said  attorney  may  seem  meet  for  carrying  on  the  said  business ;  to  enter 
into,  and  take  possession  of  any  lands,  tenements  or  hereditaments  of  mine 
that  may  be  ^unoccupied  or  become  vacant,  or  to  the  possession  of  which 
I  may  be  or  become  entitled,  and  all  and  every  the  real  estate  of  me,  the 
said  A.  B.,  and  for  me  and  in  my  name  and  to  my  use,  to  receive  and  take 
all  or  any  rents,  issues  and  profits  of  all  or  any  such  lands,  tenements, 
hereditaments,  or  any  of  them,  and  to  let  the  same  in  such  manner  as  my 
said  attorney  shall  think  proper,  and  from  time  to  time  renew  leases,  but 
not  for  a  period  extending  beyond  the        day  of  ,  in  the  year  one 

thousand  eight  hundred  and  ^(g)  and  also  all  deeds,  leases,  agreements, 
and  writings  in  that  behalf  requisite  and  necessary  for  me  and  in  my  name, 
to  make,  seal  and  deliver  as  my  acts  and  deeds,  and  for  me,  and  in  my  name, 
to  take  any  ejectment  or  other  judicial  proceeding,  and  make  or  cause  to 
be  made,  any  avowries  or  cognizances,  and  for  me,  and  in  my  name,  to 
commence  and  prosecute  any  suits,  or  actions,  or  other  legal  proceedings, 
for  any  goods,  chattels,  debts,  duties,  demands,  matter,  cause  or  thing 
whatsoever  due  or  belonging,  or  to  be  due  and  belonging  unto  me,  or  to  be 
demanded,  or  that  may  be  demanded  by  mo  in  any  court  of  law  or  equity, 
or  elsewhere ;  and  the  same  to  prosecute  and  follow,  or  to  discontinue  the 

ig)  If  the  lease  exceeds  the  term  re-  sisting  term,  the  residue  of  the  existing 

Etricted  by  the  power  it  is  void  at  law.  term  and  the  future  term  must  not  to- 

And  where,  under  a  power  to  lease  for  a  g^ether  exceed  the  power ;  if  they  do,  tho 

number  of  years,  a  second  lease  is  made  lease  is  utterly  void  at  law.     Sinclair  ». 

to  commence  after  the  expiration  of  a  sub-  Jackson,  8  Cow.,  643. 


612  ABBOTTS'  FORMS. 


Power  to  Collect  Pension,  etc. 


same  or  become  nonsuit  therein,  if  he  shall  see  cause,  and  also  to  make  an 
end,  composition  or  agreement  of  and  for  such  goods,  chattels,  debts,  duties, 
demands,  matter,  cause  or  thing,  or  any  part  thereof;  and  also  for  me  and 
in  my  name  to  commence,  carry  on,  institute  or  prosecute  any  proceeding, 
civil  or  criminal,  or  any  other  way  howsoever,  for  the  infringement  of  my 
rights  as  the  proprietor  of  ,  and  for  the  punishment  of  any  person  or 

persons  for  the  infringement  thereof,  or  the  imitating,  counterfeiting,  or 
selling  as  real,  spurious  imitations  of  the  said  ,  or  of  the  labels  or 

bills  used  in  the  said  trade  or  business ;  and  also  for  me  and  in  my  name, 
to  use  and  take  all  such  courses,  remedies,  and  carry  on  and  conduct  the 
said  trade  or  business,  and  for  tlie  recovering,  receiving,  obtaining  and 
getting  any  lands,  tenements,  rents,  hereditaments,  goods  and  chattels, 
debts,  demands,  duties,  sum  and  sums  of  money,  or  other  things  whatsoever, 
that  is,  are  or  shall  be,  or  by  my  said  attorney  shall  be  conceived  or 
thought  to  be  unto  me  belonging,  appertaining,  due,  owing  or  payable  in 
my  own  right  or  otherwise  howsoever,  as  I  myself  might  use  or  take  if  I 
were  present  in  person ;  and  also  for  me  and  in  my  name  to  appear,  make 
answer,  and  defend  in  all  actions  and  suits  whatsoever,  as  well  real  as 
personal  or  mixed,  which  are,  or  hereafter  shall  be  commenced  against  me, 
by  any  person  whatsoever;  and  also  for  me  and  in  my  name  to  settle  and 
adjust  with  each  and  every  person  or  persons  all  accounts,  dues  and  de- 
mands, subsisting  or  to  subsist  between  them,  any  or  either  of  them,  and 
me,  and  to  compound,  arbitrate  and  agree  to  the  same  in  such  manner  as 
my  said  attorney  shall  think  proper ;  and  also  for  me  and  in  my  name, 
place  and  stead,  to  engage,  hire  and  employ  all  and  all  kinds  of  workmen, 
clerks,  assistants  and  servants,  for  the  better  and  more  effectually  enabling 
my  said  attorney  to  conduct  and  carry  on  the  said  trade  and  business,  and 
to  discharge  any  or  all  of  such  workmen,  clerks,  assistants  or  servants  now 
employed,  engaged  or  retained  in  the  said  trade  or  business ;  and  for  the 
better  doing,  acting,  performing  or  executing  of  all  or  any  of  the  premises, 
I  do  hereby  further  give  unto  my  said  attorney  full  power  and  authority  to 
constitute,  appoint,  authorize,  and  in  his  place  and  stead  put  and  substitute 
one  or  more  attorney  or  attorneys  for  me,  and  as  my  attorney  or  attorneys, 
or  the  same,  at  his  pleasure,  again  to  revoke,  and  other  or  others  in  his  or 
their  place  to  substitute  and  appoint,  and  to  do,  execute,  perform  and  finish 
for  me,  and  in  my  name,  all  and  singular  those  things  which  shall  be  ex 
pedient  and  necessary,  or  which  my  said  attorney  shall  judge  expedient  and 
necessary  in  and  about,  for,  touching  or  concerning  the  premises,  or  any  of 
them,  as  thoroughly,  amply  and  fully  as  I,  the  said  A.  B.,  could  do  concerning 
the  same,  being  personally  present ;  and  whatever  my  said  attorney  or  his 
substitute  shall  do  or  cause  to  be  done,  in,  about  or  concerning  the  premises, 
and  any  part  thereof,  I  hereby  ratify  and  confirm. 
In  witness  [etc.,  as  in  Form  1164]. 

1180.  Power  to  Collect  Army  or  Navy  Claim. 

Know  all  mex  by  these  presents,  that  I,  A.  B.,  have  made,  constituted 
and  appohited,  and  by  these  presents  do  make,  constitute  and  appoint  Y.  Z., 


POWERS  OF  ATTORNEY.  613 

Custom-house  Power. 

of  ,  my  true  and  lawful  attorney,  for  me  and  in  ray  name,  place  and 

stead,  to  prosecute  my  claim  to  ,  filed  in  the  office  at  Washing- 

ton, D.  0.,  under  the  act  of  ,  and  also  to  ,  and  hereby  revoking 

all  other  powers  of  attorney,  giving  and  granting  unto  my  said  attorney 
full  power  and  authority  to  do  and  perform  aU  and  every  act  and  thing 
whatsoever  requisite  and  necessary  to  be  done  in  and  about  the  premises, 
as  fully,  to  all  intents  and  purposes,  as  I  might  or  could  do  if  personally 
present,  with  full  power  of  substitution  and  revocation,  hereby  ratifying 
and  confirming  all  that  my  said  attorney,  or  his  substitute,  shall  lawfully  do 
or  cause  to  be  done  by  virtue  hereof. 

And  I  hereby  certify  that  my  former  attorney  has  no  claim  on  me  for  fees 
or  advances  of  any  kind  whatever,  on  account  of  the  claim  herewith  traus 
ferred  to  the  aforesaid  attorney. 

In  witness  [etc.,  as  in  Form  1164]. 

1181.  General  Custom-house  Power. 

As  in  Form  1164  to  the  *,  continuing  thus :]  to  receive  and  enter  at  the 
custom-house  of  the  district  of  ,  any  goods,  wares  or  merchandise, 

imported  by  me,  or  which  may  hereafter  arrive,  consigned  to  me,  to  sign 
my  name  to,  seal  and  deliver  for  me  and  as  my  act  and  deed,  any  bond  or 
bonds  which  may  be  required  by  the  collector  of  the  said  district,  for  secur- 
ing the  duties  on  any  such  goods,  wares  or  merchandise :  Also,  to  sign 
my  name  to,  seal  and  deliver  for  me  and  as  my  act  and  deed,  any  bond  or 
bonds,  requisite  for  obtaining  the  debenture  on  any  goods,  wares  or  mer- 
chandise, when  exported,  and  generally  to  transact  all  business  at  the  said 
custom-house,  in  which  I  am  or  may  hereafter  be  interested  or  concerned, 
as  fully  as  I  could  if  personally  present.  And  I  hereby  declare,  that  all 
bonds  signed  and  executed  by  my  said  attorney,  shall  be  as  obligatory  on 
me  as  those  signed  by  myself,  and  this  power  shall  remain  in  fuU  force  until 
revoked  by  written  notice  given  to  said  collector. 

In  witness  [etc.,  as  in  Form  1164]. 

1182.  Special  Custom-hou^e  Power. 

[As  in  Form  1164  to  the  *,  continuing  thus:'\  to  receive  and  enter  at  the 
custom-house  of  the  district  of  ,  any  goods,  wares  or  merchandise, 

imported  by,  or  consigned  to  me,  in  the  [here  name  vessel],  to  sign  my  name 
to,  seal  and  deliver  for  me  and  as  my  act  and  deed,  any  bond  or  bonds  which 
may  be  required  by  the  collector  of  said  district,  for  securing  the  duties  on 
any  such  goods,  wares  or  merchandise :  Also,  to  sign  my  name  to,  seal  and 
deliver  for  me  and  as  my  act  and  deed,  any  bond  or  bonds,  requisite  for  ob- 
taining the  debenture  on  any  such  goods,  wares  or  merchandise,  when  ex- 
ported for  me,  and  generally  to  transact  all  business  at  the  said  custom- 
house, in  reference  to  this  importation,  as  fully  as  I  could  if  personally 
present.  And  I  hereby  declare,  that  all  such  bonds  signed  and  executed 
by  my  said  attorney  shall  be  as  obligatory  on  me  as  those  signed  by  myself. 

In  witness  [etc.,  as  in  Form  1164]. 


614  ABBOTTS'  FORMS. 


Powers  of  Attorney. 


1183.   Confirmation  of  Attorney^ s  Act. 

Know  all  men  by  these  presents,  that  whereas  misapprehension  nas 
arisen  as  to  the  power  and  authority  of  Y.  Z.,  of  ,  in  my  name  and 

behalf,  to  execute  a  certain  agreement  between  M.  N.,  of  the  one  part,  and 
myself  of  the  other  part ;  and  whereas,  said  agreement  has  been  signed  and 
sealed  by  the  said  Y.  Z.,  as  my  lawful  attorney,  and  the  said  M.  N., 
respectively. 

Now,  these  presents  witness,  that  I,  A.  B.,  of  ,  have  examined  and 

read  said  articles  of  agreement,  and  that  I  do  hereby  ratify  and  confirm  the 
same,  and  do  declare  that  the  said  Y.  Z.,  who  did,  as  my  lawful  attorney, 
in  my  name  and  behalf,  sign  and  seal  the  same,  did  so  sign  and  seal  the 
same  by  my  authority  and  with  my  consent;  and  I  do  now  fully  ratify  and 
confirm  all  his  acts  and  doings,  in  and  about  the  same,  in  as  full  a  manner 
as  if  1,  myself,  had  signed  and  sealed  the  same. 

In  witness  [etc,  as  in  Form  1164]. 


1184.  Power  to  Several,  to  Act  Together,  or  Either  One  Separately. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of  ,  have 

made,  constituted  and  appointed,  and  by  these  presents  do  make,  constitute 
and  appoint  W.  X.  and  Y.  Z.,  jointly,  and  each  of  them  severally,  my  true 
and  lawful  attorney  and  attorneys,  for  me  and  in  my  name,  place  and  stead, 
and  to  my  use  [here  set  forth  the  subject  of  the  power,  and  continue  as  in 
other  cases,  saying,  attorneys  or  either  of  them,  instead  of  the  word  attorney, 
wherever  it  occurs  afterwards\. 


1185.  Power  to  Several  Jointly. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of  ,  have 

made,  constituted  and  appointed,  and  by  these  presents  do  make,  constitute 
and  appoint  W.  X.  and  Y.  Z.,  jointly,  my  true  and  lawful  attorneys  for  me 
[etc.,  as  in  other  cases,  saying,  attorneys,  instead  q/" attorney,  wherever  after- 
wards mentioned]. 


1186.  A  Power  of  Attorney  to  Two  Persons,  But  in  Case  of  the  Death, 
Absence  or  Refusal,  of  Both  or  Either,  Then  to  Another,  Alone,  or  With 
Either  of  Them  that  Will  Act. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of  , 

have  made,  constituted  and  appointed,  and  by  these  presents  do  make, 
constitute  and  appoint  W.  X.  and  Y.Z.,  jointly,  and  each  of  them  severally, 
my  true  and  lawful  attorney  and  attorneys ;  and  in  case  of  the  decease  or 
absence  of  the  said  W,  X.  and  Y.  Z.,  or  either  of  them,  or  the  refusal  of  them 
or  either  of  them,  to  act  as  my  attorneys  by  virtue  hereof,  then  I  make 
U.  V.  alone,  or  together  with  him  of  them,  the  said  W.  X.  and  Y.  Z.,  who 


PRE-EMPTION.  615 


Substitution  of  Attorney.  Eevocation  of  Power. 

shall  be  living  and  present,  and  will  act  as  my  attorney  by  virtue  of  these 
presents,  jointly,  or  either  of  them  severally,  my  true  [etc.,  as  in  other  cases, 
saying,  attorneys  or  either  of  them,  instead  of  attorney,  wherever  afterwards 
mentioned}. 

1187.  Substitution  of  Attorney. 

Knovp-  all  men  by  these  presents,  that  I,  Y.  Z.,  by  virtue  of  the  power 
and  authority  to  me  given,  in  and  by  the  letter  of  attorney  of  A.  B,, 
of  ,  which  is  hereunto  annexed,  do  make,  substitute  and  appoint 

M.  N.,  of  ,  as  weU  for  me  as  the  true  and  lawful  attorney  and  sub- 

stitute of  the  said  constituent  named  in  the  said  letter  of  attorney,  to  do, 
execute  and  perform  all  and  every  thing  requisite  and  necessary  to  be  done, 
as  fully,  to  all  intents  and  purposes,  as  the  said  constituent  or  I  could  do  if 
personally  present ;  hereby  ratifying  and  confirming  all  that  the  said  attor- 
ney and  substitute  hereby  made  shall  do  in  the  premises  by  virtue  hereof 
and  of  the  said  letter  of  attorney. 

In  witness  [etc.,  as  in  Form  1164]. 


1188.  Revocation  of  Power  of  Attorney. 

Kkow  all  men  by  these  presents,  that  whereas  I,  A.  B.,  in  and  by  my 
letter  of  attorney,  bearing  date  the         day  of  ,'  one  thousand  eight 

hundred  and  ,  did  make,  constitute  and  appoint  W.  X.,  as  by  the 

aforesaid  letter  of  attorney  may  more  fully  and  at  large  appear. 

Now  KNOW  YE,  that  I,  the  said  A  B.,  have  revoked,  countermanded, 
annulled  and  made  void,  and  by  these  presents  do  revoke,  countermand, 
annul  and  make  void  the  said  letter  of  attorney  above  mentioned,  and  all 
power  and  authority  thereby  given,  or  intended  to  be  given,  to  the  said  Y.  Z. 

In  witness  [etc.,  as  in  Form  1164]. 


CHAPTEE  LXXni. 

PRE-EMPTION. 


The  right  of  pre-emption  to  the  public  lands  of  the  United  States  is  granted 
and  defined  by  the  act  of  Congress  of  September  4,  1841,  and  the  amendatory 
or  supplementary  acts  of  March  3,  1843,  and  May  8,  1846.(a) 
The  individual  claiming  the  benefits  of  the  act  must  be — 
1.  A  citizen  of  the  United  States,  or  have  filed  his  declaration  of  intention  to 
become  a  citizen. 

(a)  5  U.  S.  Stat,  at  L.,  455,  620 ;  9  lb.,  9. 


616  ABBOTTS'  FORMS. 


Eight  of  Pre-emption  of  Public  Lands. 


2.  Either  the  head  of  a  family  or  a  widow,  or  a  single  man  over  the  age  of 
twenty-one  years. 

3.  An  inhabitant  of  the  tract  sought  to  be  entered,  upon  which,  in  person, 
he  has  made  a  settlement  and  erected  a  dwelling-hou8e(6)  since  the  1st  of  June, 
1840,  and  prior  to  the  time  when  the  land  is  applied  for  ;  which  land  must,  at 
the  date  of  the  settlement,  have  had  the  Indian  title  extinguished,  and  been 
surveyed  by  the  United  States. 

A  person  failing  in  any  one  of  these  requisites  can  have  no  claim  by  virtue 
of  this  act. 

A  person  bringing  himself  within  each  of  the  above  requirements  by  proof 
satisfactory  to  the  register  and  receiver  of  the  land-district  in  which  the  lands 
may  lie,  taken  pursuant  to  the  rules  hereinafter  prescribed,  will,  after  having 
taken  the  affidavit  required  by  the  act,  be  entitled  to  enter,  by  legal  subdivi- 
sions, any  number  of  acres  not  exceeding  one  hundred  and  sixty,  or  a  quarter- 
section,  to  include  his  residence  ;  and  he  may  avail  himself  of  the  same  at  any 
time  prior  to  the  day  of  the  commencement  of  the  public  sale  including  said 
tract,  where  the  land  has  not  yet  been  proclaimed. 

The  act  of  1841  provided  that  where  the  land  was  subject  to  private  entry 
at  the  date  of  the  settlement  made  since  the  1st  of  June,  1840,  and  prior  to  the 
passage  of  this  act,  and  the  settler  was  desirous  of  securing  the  same  under  this 
act,  he  must  give  notice  of  his  intention  to  purchase  the  same  under  its  pro- 
visions within  three  months  from  the  passage  of  the  law. 

Where  the  land  was  subject  to  private  entry  at  the  date  of  the  law,  and  a 
settlement  shaU  thereafter  be  made  upon  such  land,  or  where  the  land  shall 
hereafter  become  subject  to  private  entry,  and  after  that  period  a  settlement 
shall  be  made,  which  the  settler  is  desirous  of  securing  under  this  act,  such 
notice  of  his  intention  must  be  given  within  thirty  days  after  the  date  of  such 
settlement.  Such  notice,  in  both  [all]  cases,  must  be  a  written  one,  describing 
the  land  settled  upon,  and  declaring  the  intention  of  such  person  to  claim 
the  same  under  the  provisions  of  this  act.  (See  Forms  1189  and  1190,  hereto 
annexed.) 

In  the  first  case,  the  proof,  affidavit  and  payment  must  be  made  within 
twelve  months  after  the  passage  of  this  act ;  and  in  the  second  case,  within 
twelve  months  after  the  date  of  such  settlement. 

The  tracts  liable  to  entry  under  this  act  are  some  one  of  the  following  desig- 
nations : 

1.  A  regular  quarter-section,  notwithstanding  its  quantity,  may  be  a  few 
acres  more  or  less  than  one  hundred  and  sixty ;  or  a  quarter-section  which, 
though  fractional  in  quantity  by  the  passage  of  a  navigable  stream  through 
the  same,  is  still  bounded  by  regular  sectional  and  quarter-sectional  lines. 

2.  A  fractional  section,  containing  not  over  one  hundred  and  sixty  acres,  or 
any  tract  being  a  detached  or  anomalous  survey  made  pursuant  to  law,  and 
not  exceeding  said  quantity. 

3.  Two  adjoining  half-quarter-sections  (in  all  cases  to  be  separated  by  a 
north  and  south  line,  except  on  the  north  side  of  townships,  where  the  surveys 
are  so  made  as  to  throw  the  excess  or  deficiency  on  the  north  and  west  sides 
of  the  township)  of  the  regular  quarters  mentioned  in  the  first  designation  ; 
or  two  adjoining  eighty-acre  subdivisions  of  the  irregular  quarters  loimd  on 

•  the  north  and  west  sides  of  townships,  where  more  than  two  such  subdivisions 
exist,  or  the  excess  may  render  them  necessary,  provided,  in  the  latter  case, 
the  aggregate  quantity  does  not  exceed  one  himdred  and  sixty  acres. 

4.  Two  half-quarter  or  eighty-acre  subdivisions  of  a  fractional  or  broken 
section,  adjoining  each  other,  the  aggregate  quantity  not  exceeding  one  hun- 
dred and  sixty  acres. 

5.  A  regular  half-quart€r  and  an  adjoining  fractional  section,  or  an  adjoining 
half-quarter  subdivision  of  a  fractional  section,  the  aggregate  quantity  not  ex- 
ceeding one  hundred  and  sixty  acres. 

(6)  Wliere  a  dwelling-house  has  been  erect  anotlier  house  to  entitle  a  claiiaaut 
previously  built,  it  is  not  necessary  to    ty  pre-emption. 


PRE-EMPTION.  C17 


General  Kiiles. 


6.  If  the  pre-emptor  should  not  wish  to  enter  the  quantity  of  onehundi-r-d 
and  sixty  acres,  he  naay  enter  a  single  half-quarter  section  (made  by  a  north 
and  south  line),  or  an  eighty-acre  subdivision  of  a  fractional  section. 

7.  One  or  more  adjoining  forty-acre  lots  may  be  entered,  the  aggregate  not 
exceeding  one  hundred  and  sixty  acres. 

8.  A  regular  half-quarter,  a  half-quarter  subdivision,  or  a  fractional  section, 
may  each  be  taken,  with  one  or  more  forty-acre  subdivisions  lying  adjoining, 
the  aggregate  not  exceeding  one  hundred  and  sixty  acres. 

Only  one  person  on  a  quarter-section  is'  protected  by  this  law,  and  that  is 
the  one  who  made  the  first  settlement,  provided  he  shall  have  conformed  to 
the  other  provisions  of  the  law. 

A  person  who  has  once  availed  himself  of  the  provisions  of  this  act  can- 
not, at  any  future  period,  or  at  any  other  land-oflBce,  acquire  another  right 
under  it. 

No  person  who  is  the  proprietor  of  three  hundred  and  twenty  acres  of  land 
in  any  State  or  Territory  of  the  United  States  is  entitled  to  the  beiiefits  of  this 
act. 

No  person  who  shall  quit  or  abandon  his  residence  on  his  own  land  to  reside 
on  the  public  land  in  the  same  State  or  Territory  is  entitled  to  the  benefits  of 
this  act. 

No  pre-emption  right  exists  by  reason  of  a  settlement  on  and  inhabitancy  of 
a  tract,  unless  at  the  date  of  such  settlement  tlie  Indian  title  thereto  had  been 
extinguished,  and  the  land  surveyed  by  the  United  States. 

The  approval  of  the  plat  is  the  evidence  of  the  legality  of  the  survey ;  but 
in  accordance  with  the  spirit  and  intent  of  the  law,  and  for  the  purpose  of 
bringing  the  settler  within  its  provisions,  the  land  is  to  be  construed  as  sur- 
veyed when  the  requisite  lines  are  run  on  the  field  and  the  corners  established 
by  the  deputy -surveyor. 

No  assignments  or  transfers  of  pre-emption  rights  can  be  recognized.  The 
patents  must  issue  to  the  claimants,  in  whose  names  alone  all  entries  must  be 
made. 

The  following  lands  are  exempted  from  the  operation  of  the  act : 

1.  Lands  included  in  any  reservation  by  any  treaty,  law  or  proclamation  of 
the  President  of  the  United  States,  and  lands  reserved  for  salines  and  for  other 
purposes. 

2.  Lands  reserved  for  the  support  of  schools. 

3.  Lands  acquired  by  either  of  the  two  last  treaties  with  the  Miami  tribe  of 
Indians  in  the  State  of  Indiana,  or  which  may  be  acquired  of  the  Wyandot 
tribe  of  Indians  in  the  State  of  Ohio,  or  other  Indian  reservation  to  which  the 
title  has  been  or  may  be  extinguished  by  the  United  States  at  any  time  during 
the  operation  of  this  act. 

4.  Sections  of  land  reserved  to  the  United  States,  alternate  to  other  sections 
granted  to  any  of  the  States  for  the  construction  of  any  canal,  railroad  or  other 
public  improvement. 

5.  Sections  or  fractions  of  sections  included  within  the  limits  of  any  incorpo- 
rated town. 

G.  Every  portion  of  the  public  lands  which  has  been  selected  at  a  site  for  a 
city  or  town. 

7.  Every  parcel  or  lot  of  land  actually  settled  and  occupied  for  the  purposes 
of  trade,  and  not  agriculture. 

8.  All  lands  on  which  are  situated  any  known  salines  or  mines. 

Persons  olaiming  the  benefit  of  this  act  are  required  to  file  duplicate  afl5da- 
vits,  such  as  the  law  requires  ;  and  to  furnish  proof  by  one  or  more  disinter- 
ested witnesses,  to  the  entire  satisfaction  of  the  register  or  receiver,  of  the  facts 
necessary  to  establish  the  three  requisites  pointed  out  in  the  commencement  of 
these  instructions. 

The  witnesses  are  to  be  first  duly  sworn  or  affirmed  to  speak  the  truth,  and 
the  whole  truth,  touching  the  subject  of  inquiry,  by  some  officer  competent  to 
administer  oaths  and  affirmations  ;  and,  if  not  too  inconvenient,  by  reason  of 
distance  of  residence  from  the  office  of  the  register  or  receiver,  or  by  reason  of 
other  good  cause,  must  be  examined  by  the  register  or  receiver,  and  the  testi- 


618  ABBOTTS'  FORMS. 

Pre-emption  of  Public  Lands. 

mony  reduced  to  writing  in  liis  presence,  and  signed  by  each  witness,  and  cer 
tified  by  the  officer  administering  the  oath  or  affirmation,  who  must  also  join 
the  register  or  receiver  in  certifying  as  to  the  respectability  and  credit  of  each 
witness. 

In  case  adverse  claims  be  made  to  the  same  tract,  each  claimant  must  be  no- 
tified of  the  time  and  place  of  taking  testimony,  and  allowed  the  privilege  of 
cross-examining  the  opposite  witnesses,  and  of  producing  counter-proof,  wliich 
should  also  be  subject  to  cross-examination. 

The  rules  of  proceeding  in  such  cases  are  provided  by  instructions  issued  by 
the  Government  to  the  land-officers. 

The  affidavit  of  the  claimant  in  reference  to  the  fact  of  settlement,  etc.,  need 
not  be  required.  It  is  in  no  case  legal  evidence  on  these  points,  and  therefore 
should  not  form  a  part  of  the  proof  in  reference  thereto.  The  only  affidavit 
required  of  the  claimant  is  that  prescribed  by  the  13th  section  of  the  act, 
which  is  to  be  taken  before  the  register  or  receiver. 

No  entry  must  be  permitted  until  this  affidavit  is  taken.  Duplicates  thereof 
must  be  signed  by  the  claimant,  and  the  fact  of  the  oath  being  taken  must  be 
certified  by  the  register  or  receiver  administering  it :  one  copy  to  be  filed  in 
his  office,  and  the  other  to  be  transmitted  to  the  General  Land-office  at  Wash- 
ington. 

PAGE 

1189.  Declaratory  statement  for  cases  where,  at  the  date  of  the  law,  the  land 

claimed  was  subject  to  private  entry 618 

1190.  The  same  ;  where  the  land  was  rendered  subject  to  private  entry  since  the 

date  of  the  law 613 

1191.  Affidavit  required  of  pre-emption  claimant 619 

1189.  Declaratory  Statement  for  Cases  Where,  at  the  Date  of  the  Law,  the 

Land  Claimed  was  Subject  to  Private  Entry. 

I,  A.  B.,  of  ,  being  the  head  of  a  family  [or,  a  widow,  or,  single 

man  over  the  age  of  twenty-one  years,  as  the  case  may  be\  and  a  citizen  of 
the  United  States  [or,  having  filed  my  declaration  to  become  a  citizen,  as 
required  by  the  naturalization  laws,  as  the  ease  may  Je],*  have,  since  the  first 
day  of  June,  1840 — to  wit,  on  the        day  of  ,  a.  d.  18    ,  settled  and 

improved  the  quarter-section  No.        ,  in  township  No.        ,  of  range 

No.  ,  in  the  district  of  land  subject  to  sale  at  the  land-office  at  , 

and  containing  acres,  which  land  was  subject  to  private  entry  at  the 

passage  of  the  act  of  4th  September,  1841 ;  *  and  I  do  hereby  declare  my 
intention  to  claim  the  said  tract  of  land  as  a  pre-emption  right  under  the 
provisions  of  said  act  of  4th  September,  1841. 

Given  under  my  hand,  this        day  of  ,  18    . 

In  presence  of  [Signature  of  claimant.] 

[Signature  of  witness.] 

1190.  The  Same;  Where  the  Land  was  Rendered  Subject  to  Private  Entry 

Since  the  Date  of  the  Law. 
[As  in  the  preceding  form,  substituting  the  following  in  place  of  the  words 
between  the  *  * ;]  did,  on  the         day  of  ,  a.  d.  1 8    ,  settle  and  im- 

prove the  quarter  of  section  No.        ,  in  township  No.        ,  of  range 

No.        ,  in  the  district  of  lands  subject  to  sale  at  the  land-office  at  , 

and  containing  acres,  which  land  has  been  rendered  subject  to  private 

entry  since  the  passage  of  the  act  of  4th  of  September,  1841,  but  prior  to 
my  settlement  thereon. 


PRIVATE  WAYS.  619 

General  Principles. 


1191.  Affidavit  Required  of  Pre-emption  Claimant. 

1,  A.  B.,  claiming  the  right  of  pre-emption  under  the  provisions  of  the 
act  of  Congress,  entitled,  "  An  Act  to  appropriate  the  proceeds  of  the  aales 
of  the  public  lands,  and  to  grant  pre-emption  rights,"  approved  September 
4,  1841,  to  the  quarter  of  section  No.  ,  of  township  No.        ,  of 

range  No.        ,  subject  to  sale  at  ,  do  solemnly  swear  [or,  affirm]  tliat 

I  have  never  had  the  benefit  of  any  right  of  pre-emption  under  this  act ; 
that  I  am  not  the  owner  of  tliree  hundred  and  twenty  acres  of  land  in  any 
State  or  Territory  of  the  United  States,  nor  have  I  settled  upon  and  im- 
proved said  land  to  sell  the  same  on  speculation,  but  in  good  faith  to  ap- 
propriate it  to  my  own  exclusive  use  or  benefit;  and  that  I  have  not, 
directly  or  indirectly,  made  any  agreement  or  contract,  in  any  way  or  man- 
ner, with  any  person  or  persons  whatsoever,  by  which  the  title  which  I  may 
acquire  from  the  Government  of  the  United  States  should  inure,  in  whole 
or  in  part,  to  the  benefit  of  any  person  except  myself.  {Signature.'] 

I,  0.  D.,  register  [or,  receiver]  of  the  land-office  at  ,  do  hereby 

certify  that  the  above  affidavit  was  taken  and  subscribed  before  me,  this 
day  of  ,  A.  D.  18.  [Signature  and  title.] 


CHAPTEE   LXXIV. 

PRIVATE  WAYS. 


Private  rights  of  way — that  is,  ways  which  are  for  the  benefit  of  particu- 
lar persons,  or  the  occupants  of  particular  premises — may  be  created  by  imme- 
morial usage,  as  is  common  in  England ;  or  by  grant,  as  is  the  usual  method  in 
this  country.  The  forms  for  sucli  grants  will  be  found  in  the  chapter  of 
Deeds.  Where  a  private  way  is  necessary,  the  parties  may  proceed  under  the 
statute  to  have  it  laid  out,  and  the  damages  caused  by  so  doing  assessed  upon 
the  applicants.  The  proceedings  in  such  cases  are  analogous  to  those  in  respect 
to  laying  out  highways.(a) 

PAGK 

1192.  Application  for  a  private  road 620 

1193.  Notice  to  be  given  by  the  commissionera  to  the  owner  of  land  through 

which  the  road  is  to  run .' 620 

1 194.  Certificate  of  necessity 620 

1195.  Order  by  the  commissioners  laying  out  a  road  through  improved  land 620 


(a)  1  Bev.  Stat,  of  N.  Y.,  517. 


620  ABBOTTS'  FORMS. 


Proceedings  to  Lay  Out  Private  Koad. 


1192.  Application  for  a  Private  Road. 

[As  in  Form  874  to  the*,  continuing  thus:']  lay  out  a  private  road  for  my 
use,  commencing  [here  insert  a  description  of  the  road  applied  for],  passing 
througli  the  lands  of  .  [Signature.] 

[Date.] 

1193.  Notice  to  he   Given  by  the  Commissioners  to  the  Owner  of  Land 

Through  which  the  Road  is  to  Run. 
To  : 

Please  take  notice,  that  on  the        day  of  ,  18    ,  at  o'clock 

in  the         noon,  at  the  house  of  in  ,  a  jury  will  be  selected  for 

the  purpose  of  determining  upon  the  necessity  of  the  road  asked  for  in 
the  application  of  which  a  copy  is  annexed ;  and  to  assess  the  damages  by 
reason  of  opening  the  same.  [Signatxires  of]  Commissioners. 

[Date.] 

[Summons  to  the  jurors,  and  their  oath,  may  "be  framed  with  slight  altera- 
tion from  Form  896  and  881  respectively.] 


1194.   Certificate  of  Necessity, 

[As  in  Foi'm  882,  substituting  the  words,  "private  road"  for  "highway," 
wherever  it  occurs,  and  adding  at  the  end :]  for  the  use  of  said  A.  B. ;  and  we 
hereby  assess  the  damages  to  be  paid  by  him  to  [owner  of  land],  at 
dollars. 


1195.   Order  by  the  Commissioners  Laying  Out  a  Road  Through  Improved 

Land. 

[As  in  Form  875  to  the  *,  continuing  thus :]  upon  the  application  of  A.  B., 
a  resident  in  said  town,  and  liable  to  be  assessed  to  work  on  the  highways 
therein,  for  the  laying  out  of  the  private  road  hereafter  described,  and  on 
the  certificate  of  twelve  reputable  freeholders  of  said  town,  convened  and 
duly  sworn,  after  due  notice  to  the  owner  of  the  lands  through  which  such 
road  is  to  pass,  as  required  by  the  statute,  certifying  that  such  way  is 
necessary,  it  is  ordeked,  determined  and  certified  that  a  private  way  shall 
be,  and  the  same  hereby  is  laid  out  pursuant  to  said  application  for  the  use 
of  said  A..  B.,  whereof  a  survey  has  been  made,  and  is  as  follows  [designat- 
ing it  as  in  Form  875]. 

Wmocss  their  names,  this        day  of  ,  18    . 

[Signatures  of]  Commissioners. 


PKOMISSORY  NOTES.  621 


General  Principles. 


CHAPTEE  LXXV. 

PEOMISSORY  NOTES. 

A  PRoarissoRT  Note  is  a  promise  in  writing  to  pay  ,o  a  specified  person,  a 
certain  sum  of  money,  and  money  only,  without  condition  or  contingency. 
A  note  payable  to  one  or  the  other  of  two  persons  designated  in  the  alterna- 
tive, or  payable  out  of  a  particular  fund,  or  upon  an  uncertain  event,  or  for  pay- 
ment of  an  unliquidated  amount,  or  for  performance  of  any  other  act,  has  not 
the  qualities  of  a  promissory  note. 

A  negotiable  note  is  one  which  is  by  its  terms  either  payable  to  the  order  of 
any  person,  or  to  the  bearer  or  holder  of  it,  whoever  he  may  be. 

A  sealed  note  is  not  barred  by  the  Statute  of  Limitations  until  the  lapse  of 
twenty  years  ;  and  an  indorsement  of  a  sealed  note  gives  the  holder  nothing 
more  than  an  equitable  ownership,  subject  to  all  existing  claims  and  defences 
by  the  maker. 

A  note  payable  on  demand  i^  payable  immediately,  if  the  creditor  choose  to 
enforce  it ;  and  whether  he  make  demand  or  not,  the  Statute  of  Limitations 
begins  to  rim  against  it  from  its  date ;  but  he  is  not  bound  to  make  immediate 
demand  in  order  to  charge  indorsers. 

Where  a  note  is  to  be  on  interest,  it  should  be  so  specified  in  the  note  by  in 
serT,ing  the  words  "  with  interest,"  or  "  with  use,"  else  the  note  will  not  draw 
interest  except  from  maturity.  Where  the  rate  of  interest  is  not  specified  in 
the  note,  and  it  is  made  payable  with  interest,  if  not  made  payable  at  a  par- 
ticular place,  it  draws  the  rate  of  interest  fixed  by  law  in  the  State  in  which 
it  is  made ;  but  if  it  is  made  in  one  State  to  be  paid  in  another,  it  draws  interest 
at  the  rate  in  the  State  where  it  is  made  payable. 

A  note  payable  on  demand,  but  not  specifying  interest,  bears  interest  only 
from  the  time  of  demand. 

ludorse^nent. — If  the  payee  or  holder  of  a  note  writes  his  name  upon  the 
back  of  it,  and  transfers  it  to  another  person,  he  becomes  an  indorser,  and  the 
person  thus  taking  the  note  is  termed  the  indorsee.  An  indorsee  may  in  turn 
become  indorser,  by  transferring  it  in  the  same  way.  The  person  who,  at  any 
given  time,  has  the  right  to  the  note,  is  termed  the  holder. 

An  indorsement  in  blank  is  where  the  indorser  writes  his  name  only  on  the 
back  of  the  note.  An  indorsement  in  full  is  where  the  person  to  whom  the 
note  is  indorsed  is  named.  Indorsement  is  an  agreement  to  pay  in  default 
of  i^ayment  by  the  maker,  on  the  usual  conditions  of  demand  and  notice.  If 
the  indorser  wishes  to  transfer  the  note  without  making  himself  liable,  he 
should  write  before  his  name  the  words  "  without  recourse ;"  or,  if  he  indorses 
merely  as  agent  to  transfer  the  nominal  title,  add  the  word  "  agent"  to  his 
signature. 

PAOE 

1196.  Negotiable  promissory  note 621 

1197.  Non-uegotiable  note 622 

1198.  Stock  note 622 

1196.  Negotiable  Promissory  Note. 

$1,000.  New  Yoek,  January  1,  1866. 

Sixty  days  after  date  [oi\  on  the         day  of  ,  18    ,  or,  on  demand], 

I  promise  [or,  we  promise — or,  we  jointly  and  severally  promise]  to  pay  to 


622  ABBOTTS'  FORMS. 


Protests. 


A.  B.  or  order  [or,  to  A.  B.  or  bearer],  one  thousand  dollars  [with  interest], 
for  value  received.  [Signature  ofmaher.'] 

1197.  Kon-negotiable  Note. 

$1,000.  New  York,  January  1,  1861. 

Sixty  days  after  date  [or  otherwise,  as  above],  I  promise  to  pay  to  A.  B. 
one  thousand  dollars,  for  value  received  [with  interest]. 

[Signature  ofmaher.'] 

[Indorsements  as  in  forms  on  page  160.] 

1198.  StoclNote. 

[As  in  Form  1196,  adding  at  the  end  .•]  having  deposited  with  him,  as  col- 
lateral security,  with  authority  to  sell  the  same  at  public  or  private  sale,  on 
the  non-performance  of  this  promise  and  without  notice  [here  designate  the 
collaterals].  [Signature  of  maker.] 


CHAPTEE  LXXVI. 

PROTESTS. 


A  PROTEST  is  a  notarial  act,  done  to  furnish  convenient  evidence,  in  com- 
mercial affairs.  A  protest  of  a  bill  or  note  is  made  by  the  notary  taking  it  to 
the  place  for  presentment,  and  demanding  acceptance  or  payment  according  to 
the  case,  and  declaring  and  certifying  default.  He  tlien  gives  notice  to  the 
indorsers  (and  other  parties,  if  any,  who  may  be  charged  upon  the  bill),  either 
directly,  or  through  the  holder  of  the  paper,  who  in  turn  vnll  notify  them. 
Marine  protests  are  declarations  of  the  master,  etc.,  of  a  vessel,  authenticated 
by  a  notary,  setting  forth  a  disaster  and  its  causes.  This  is  to  be  first  made 
within  twenty-four  hours  of  arrival,  and  is  entered  by  the  notary  in  his  rec- 
ords ;  and  a  more  extended  statement  may  be  afterwards  made  before  him  or 
another  notary. 

I.  Pbotests  of  bills  and  notes. 

PAQB 

1199.  Certificate  of  protest 623 

1200.  Certificate  of  service  of  notice 623 

1201.  Certificate  of  protest ;  when  the  maker,  etc.,  cannot  be  found  ....  624 

1202.  Notice  of  protest  of  note 624 

1203.  Notice  of  protest  of  bill  for  non-acceptance 624 

1204.  Notice  of  protest  for  non-payment 624 

II.  Mabinb  Protests. 

1205.  Notation  of  protest 625 

1206.  Protest  extended  before  the  same  notary 625 

1207.  Protest  extended  before  another  notary 626 


PROTESTS.  623 


Bills  and  Notes. 


I.  Protests  of  Bills  and  Notes. 

1199.  Certificate  of  Protest. 

[At  the  Jiead  of  the  paper  attach  the  hill  or  note,  with  a  wafer  or  gum.] 
United  States  of  America,  ■ 
State  of  , 

County  of 

On  the        day  of  ,18    ,(a)  at  the  request  of  [here  name  holder],  I, 

M.  N".,  a  notary  public  of  the  State  of  ,  duly  commissioned  and  sworn,  * 

did  present(i)  the  original  bill  of  exchange  [or,  promissory  note]  hereunto 
annexed,  to  Y.  Z.,  the  maker  [or,  the  drawee — or,  the  acceptor](c),  at  [here 
state  the  place  of  demand](d),  and  demanded  payment  [or,  acceptance],  who 
refused  to  pay  [or,  accept]  the  same.  Whereupon  *  I,  the  said  notary,  at 
the  request  afofesaid,  did  protest,  and  by  these  presents  do  publicly  anu 
solemnly  protest,  as  well  against  the  drawer  and  indorsers  of  the  said  bill 
[or,  note]  as  against  all  others  whom  it  doth  or  may  concern,  for  exchange, 
re-exchange  and  all  costs,  damages  and  interest  already  incurred,  and  to  be 
hereafter  incurred,  for  want  of  payment  [or,  acceptance]  of  the  same. 

Thus  done  and  protested  in  the  city  of  aforesaid,  in 

[  Official        the  presence  of  John  Doe  and  Richard  Roe,  witnesses. 
seal.]  In  testimonium  veritatis. 

[Signature  of]  Notary  Public. 

1200.  Certificate  of  Service  of  2^otice.(e) 

United  States  of  America,  ^ 

State  of  New  York,         C 

City  and  County  of  New  York. ) 

I,  M.  N.,  a  notary  public  of  the  State  of  New  York,  duly  commissioned 
and  sworn,  do  hereby  certify,  that  on  the        day  of  ,  18    ,  due  notice 

of  the  protest  of  the  before-mentioned  bill  [or,  note]  was  served  upon  C.  D. 
personally,  and  upon  E.  F.  by  putting  the  same  into  the  post-oflSce  directed 
to  him  at  ,  and  upon  G.  H.  by  putting  the  same  into  the  post-office 

directed  to  him  at  ,  each  of  the  said  places  being  the  reputed  residence 

(o)  The  hour  of  the  presentment  need  of  the  firrii,  it  should  name  the  one,  and 
not  be  stated.  It  will  be  presumed  that  describe  him  as  such — «.  y.,thus,  "  to  Y. 
it  was  at  a  seasonable  hour.  Cayuga  Z.,  one  of  the  firm  of  Y.  Z.  &  Co.,  the 
Comity  Bank  v.  Hunt,  2  Hill,  635;  De  makers."  Otsego  County  Bank  v.  War- 
Wolf*.  Murray,  2  Sand/.,  166.  ren,  18  Barb.,  290. 

(b)  The  certiticate  must  show  that  the  {d)  The  place  should  be  distinctly 
notary  liimself  presented  the  bill  or  note,  stated.  Ifthenoteis  payable  at  a  bank. 
Stating  that  l>e  caused  it  to  be  presented  it  is  not  enough  to  state  a  demand  on  the 
is  not  enough.  Warwick  v.  Crane,  4  cashierof  the  bank,  without  saying  wlierc. 
Den.,  460.  (e)  This  form  of   certifying  service  is 

(c)  If  they  are  a  firm,  the  certificate  sustained  by  Seneca  County  Bank  v. 
should  either  state  a  presentment  to  the  Neass,  5   Jjen.,  829;    3  N.  Y.  (Crmst.), 


firm,  or,  if  it  state  a  pres"utment  to  one    442. 


624  I      ABBOTTS'  FOKMS. 


Protests  for  Non-payment,  etc. 


of  the  person  to  whom  the  notice  was  directed,  and  the  post-office  nearest 
thereto,  and  each  of  said  notices  being  mailed  at  and  postage  prei)aid. 

[Signature  and  title.] 

1201.  Certificate  of  Protest;  When  tTie  Malcer,  etc.,  Cannot  Be  Found. 

[As  in  Form  1199,  inserting  sonie  such  statement  as  the  following  in  lieu 
of  the  words  between  the  *  * ;]  did  present  the  original  hereunto  an- 

nexed, at  ,  at  the  place  of  business  of  E.  F.,  the  acceptor  [or,  maker' 

of  the  said  ,  he  being  absent  therefrom  [or,  at  the  dwelling-liouse  of 

E.  F.,  etc.,  his  place  of  business  being  closed,  and  he  being  absent  from  his 
said  dwelling-house],  and  demanded  payment  of  the  same,  which  was  re- 
fused [or,  did  make  diligent  inquiry  for  the  said  E.  F.,  and  his  place  of  busi- 
ness, or  dwelling-house,  in  the  said  town  of  ,  where  the  said 
was  made  payable  [or,  purported  to  be  drawn],  but  was  unable  to  find  the 
said  E.  F.,  or  his  place  of  business,  or  dwelling-house,  in  said  ,  in  order 

demand  payment  of  the  said  .     Whereupon,  etc. 

1202.  Notice  of  Protest  of  Note.{f) 
To  Messrs.  W.  S.  and  D.  H.  S. : 
Please  take  notice,  that  a  promissory  note  made  by  S.  H.,  treasurer,  for 
dollars,  dated  ,18    ,  payable  months  from  date,  in  favor 

of  yourselves,  and  indorsed  by  you,  has  been  presented  by  me  to  the  office 
of  the  said  treasurer,  at  ,  and  payment  being  duly  demanded,  was 

refused,  whereupon,  by  direction  of  the  holder,  the  same  has  been  protested, 
and  payment  thereof  is  requested  of  you. 

[Signature  of]  Notary  Public. 

1203.  Notice  of  Protest  of  Bill  for  N'on-acceptance.{g) 
To  Mr.  A.  B. : 

Please  take  notice,  that  your  bill  for  dollars,  at        days  from  sight, 

dated  ,  drawn  on  0.  D.,  has  this  day  been  protested  for  non-accept- 

ance. [Signature  of]  Notary  Public. 

[DaU.] 

1204.  Notice  of  Protest  for  Non  payment. 
To  Mr.  A.  B. : 

Please  take  notice,  that  your  bill  for  dollars,  at        days  from  sight, 

dated  ,  drawn  on  and  accepted  by  0.  D.,  has  this  day  been  protested 

(/■)  This  form  is  sustained  by  Hodges  which  it  refers,  and  will,  in  addition,  im- 

7.  Shuler,  22  N.  Y.,  114.  port  that  the  bill  has  been  dishonored ; 

No  precise  form  of  words,  and  no  par-  and  it  is  usual  also  to  inform  the  party 

ticular  manner,  is  necessary  to  be  used  in  notified  that  he  is  looked  to  fur  payment, 

giving  the  drawers  notice  of  dishonor;  {g)  Tiiis  form  is  sustained  by  Cowper- 

but  the  note  or  bill  should  be  described  thwaite  d.  Sheffield,  1  Aanti/^,  416  ;  Cayuga 

in  the  notice  with  such  distinctness  and  County  Bank  -v.  Warden,  1  N.  Y.  {Gonut.), 

certainty  as  will  enable  the  party  notified  413  ;  Cook  v.  Litchfield,  9  iVi  Y.{b  Seld.), 

to  ascertain  from  it  the  particular  bill  to  279. 


PEOTESTS.  625 


Marine  Protests. 


for  non-payment  [or,  that  the  bill  of  A.  B.  for  dollars,  at  clays  from 
sight,  dated  ,  drawn  on  and  accepted  by  C.  D.,  and  indorsed  by  you, 

or  by  you  and  by  E.  F.,  has  this  day  been  protested  for  non-payment]. 
[Date.]  [Signature  of]  Notary  Public. 

II.  Marine  Protests. 
1205.  Notation  of  Protest. 

State  of  ,  1 

County  of  .  j     ' 

By  this  public  instrument  be  it  known,  unto  all  whom  it  may  concern, 
that  on  this  day  of  ,  18     ,  before  me,  A.  B.,  a  public  notary  in 

and  for  the  State  of  ,  by  letters  patent  under  the  great  seal  of  the 

State,  duly  commissioned  and  sworn,  and  dwelling  in  the  city  of  , 

personally  came  0.  D.,  master  of  the  ship  called  the  Mary,  of  ,  of  the 

burden  of         tons  or  thereabouts,  now  lying  in  the  port  of  ,  and 

said  that  he  sailed  in  and  with  the  said  vessel  on  the        day  of  last, 

from  the  port  of  ,  with  a  cargo  of  bound  to  the  port  of 

Having,  in  the  due  prosecution  of  the  said  voyage  [here  state  briefly  any  ac- 
cident that  may  have  occurred,  or  the  cause  of  putting  into  port],  he  now 
enters  with  me,  the  said  notary,  in  due  form  of  law,  his  protest,  to  serve  as 
occasion  may  require,  reserving  to  himself  the  right  to  extend  the  same  in 
time  and  place  convenient. 

In  testimony  wheeeof,  the  said  master  has  hereunto  sub- 

[Seal.]  scribed  his  name,  and  I,  the  said  notary,  have  to  these  pres- 

ents set  my  hand  and  seal  of  office,  the  day  of  the  date  first 
above  written. 
[Signature  of]  Master.  [Signature  of]  Notary  Public. 


1206.  Protest:  Extended  Before  the  Same  Notary. 

By  this  public  instrument  of  protest,  be  it  known  to  all  to  whom  these 
presents  shall  come,  that  on  this        day  of  ,  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  ,  before  me,  A.  B.,  a  public  notary 

in  and  for  tlie  State  of  ,  by  letters  patent  under  the  great  seal  of  the 

State,  duly  commissioned  and  sworn,  personally  appeared  0.  D.,  master,  E. 
F.,  first  mate  [etc.,  etc.]  of  the  late  brig  Mary,,  of  ,  of  the  burden  of 

tons,  or  thereabouts,  who,  being  by  me  duly  sworn,  severally  declared 
on  oath  (protest  having  been  duly  noted  before  me  on  arrival)  that  *  [here 
set  forth  the  facts  in  detail]. 

And  that  any  loss,  damage  or  injury,  which  has  arisen  or  accrued,  or  that 
may  arise  or  be  sustained  in  any  manner  whatever,  is  solely  owing  to  the 
accidents  and  difficulties  herein  set  forth  and  declared,  and  not  to  any  negli- 
gence, want  of  skill,  vigilance  or  exertion  on  the  part  of  the  deponents,  or 
any  of  the  officers  or  men  of  the  said  ship. 

Wherefore,  the  said  A.  B.,  master  and  commander  as  aforesaid,  hath  re- 
quested me  to  protest,  and  I,  the  said  notary,  at  such,  his  request,  have  pro- 
40 


626  ABBOTTS'  FORMS. 


Marine  Protests. 


tested,  and  by  these  protests  do  publicly  and  solemnly  protest  against  all 
and  every  person  and  persons  whom  it  doth,  shall  or  may  concern,  and 
against  all  and  singular,  the  accidents,  casualties  and  circumstances  already 
set  forth  in  the  foregoing  declaration,  on  oath,  for  all  manner  of  losses, 
costs,  damages,  charges,  expenses  and  injuries  whatsoever,  which  the  said 
ship  and  her  cargo  on  board,  and  the  freight  by  her  earned,  or  to  be  earned, 
or  either  of  them,  or  any  part  thereof,  have  already  sustained,  or  may  here- 
after sustain,  by  reason  or  means  of  the  foregoing  premises. 

Thus  done  and  protested,  in  the  city  of  ,  this        day  of 

,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
\Seal.]         and 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed 
my  notarial  seal.  [Signature  of]  Notary  Public. 

[Signatures  of  deponents.] 

COTTNTT  OF  ,  SS. 

I,  A.  B.,  a  public  notary,  in  and  for  said  county,  duly  commissioned  and 
sworn,  dwelling  in  said  ,  do  certify  the  foregoing  to  be  a  true  and 

exact  copy  of  an  original  protest  on  record  in  my  office. 

In  testimony  whereof,  I  hereunto  set  my  hand  and  notarial 
[Seal.]         seal,  this         day  of  ,  one  thousand  eight  hundred 

ani  .  [Signature  of]  Notary  Public. 

1207.  Protest :  Extended  Before  Another  Notary. 

By  this  public  instrument  of  protest,  be  it  known  to  all  whom  it  may 
concern,  that  on  the        day  of  ,  in  the  year  of  our  Lord  one  thou- 

sand eight  hundred  and  ,  before  M.  N.,  a  notary  public,  of  , 

personally  appeared  0.  D.,  master  of  the  ship  Mary,  of  ,  of  the  burden 

of  about  tons,  and  noted  with  him  in  due  time,  and  in  due  form  of  law, 
his  protest,  for  the  uses  and  purposes  hereinafter  mentioned. 

And  now,  on  this        day  of  ,  in  the  year  ,  before  me,  A.  B., 

a  notary  public,  in  and  for  the  county  of  ,  in  the  State  of  ,  duly 

commissioned  and  sworn,  and  residing  in  the  city  of  ,  and  State 

aforesaid,  comes  the  said  0.  D.,  and  requires  me  to  extend  his  said  protest, 
and  together  with  him  come  and  appear  [naming  them]  of  said  vessel,  all  of 
whom  being  by  me  duly  sworn,  severally  declared  on  oath  that  [continuing 
as  in  preceding  form,  from  th^*]. 


RECEIPTS.  «27 


Definition.  Efi'ect  of. 


CHAPTEE  LXXVII 

RECEIPTS. 

A  RECEIPT  is  a  written  acknowledgment  of  a  delivery,  either  of  money  or  of 
other  property.  It  is  executed  by  the  party  who  receives  the  thing  delivered, 
and  operates  against  him  as  his  admission  of  the  fact,  which  he  vdll  not  be 
allowed,  in  a  court  of  justice,  to  contradict  without  showing  some  adequate 
reason. 

Receipts  may  occur  as  clauses  inserted  in  the  frame  of  instruments  having 
an  independent  character ;  as  in  a  deed,  in  a  bill  of  lading.  In  this  chapter 
is  only  considered  the  form  of  drawing  a  receipt  when  it  is  to  be  given 
separately. 

A  receipt  which  contains  nothing  but  a  simple  acknowledgment  that  a  pay- 
ment of  money  or  delivery  of  property  has  been  made,  without  any  special 
clauses,  and  without  a  seal,  is  not  treated  in  law  as  of  very  binding  of 
conclusive  effect.  It  is  merely  presumptive  evidence  of  the  fact  admitted.  It 
is  in  general  open  to  explanation.  The  rule  which  applies  to  written  agree- 
ments, that  they  cannot  be  varied  by  parol  evidence,  does  not  apply  to  such  a 
receipt ;  but  the  party  may  show  the  circumstances  under  which  it  was  given, 
and  may  avoid  its  effect  not  only  by  showing  that  he  was  led  to  give  it  by 
fraud,  or  by  some  serious  mistake,  but  generally  by  any  clear  proof  that  the 
money  receipted  for  was  not  actually  paid.(a) 

A  more  conclusive  character  is  impressed  upon  a  receipt,  by  affixing  a  seal 
to  it.    It  will  then  be  deemed  to  conclude  the  party  executing  it.(6) 

Clauses  inserted  in  a  receipt  which  import  contract  as  to  the  application  of 
the  money,  or  the  effect  to  be  attributed  to  the  payment,  may  render  it  con- 
clusive, drawing  it  within  the  rule  which  forbids  the  contradiction  of  vsritten 
contracts.(c)  This  is  particularly  true,  when  the  amount  of  a  debt  being 
honestly  contested,  a  receipt  is  given  for  a  less  sum  "  in  fvXH'  of  the 
whole.(d) 

(a)  Thompson  v.  Faussat,  Pet.   C.  C,  Ala.,^.  S., 59;  Thomaav.  Austin, iJiarb., 

182;  Dobbin  ».  Perry,  1  ^icA.,  32;  Fitz-  265;    Tobey    v.    Barber,    5    Johns.,    63; 

gibbon  0.  Kinney,  3  Harring,  317;  State  Brooks  v.  White,  2  Mete,  283;  Putnam 

V.  Eobinson,  2  Harring,  5;  Southwick  v.  v.  Lewis,  8  Johns.,  389  ;   Van  Eensselaer 

Hayden,  7  Ctow.,  384 ;  McCrea «.  Purmort,  v.  Morris,  1  Faige,  13;  Union  Bank  v. 

16  Wend.,  460;  Rollins  v.  Dyer,  16  Me.,  SoUee,  2  Strobh.,  390. 
475;  Humphries  v.  McCiaw,  5  Pet.,  61;        (b^  Rountree  v.  Jacob,  2  Tauni.,  141; 

Stackpolev.  Arnold,  11  Mass.,  27;  Johnson  Spiers  v.  Clay,  2  Hawks.,  22. 
V.  Johnson,  lb.,  363  ;   Weed  v.  Snow,  3        (c)  Hillyer  v.  Vaughan,  J.  J.  Marsh., 

McLean,  265;   Byrne  v.  Schwing,    6   B.  583;  Egglestont).  Kuickerbocker,  6  ^ar6., 

Monr.,    199;    Murray    v.    Governeur,    2  58;  Paige  r.  Perno,  10  Fi!.,  491 ;   Reid  t?. 

Johns.  Cos.,  438  ;   Farrar  v.  Hutchinson,  Reid,  2  Dev.  L.  R.,  247. 
1  Per.  &  I).,  437  ;  Skaife  «.  Jackson,  3        {d)   Ennie   v.    Gilbert,    Wright,  464 ; 

Barn,  d:  C,  4:21;  House  «.  Low,  2  t/oA»#.,  Bailey   e.  Day,  26  Me.,  88;   Palmerston 

378;   Johnson   v.   Weed,  9  Johris.,  310;  v.  Huxton,   4   Dm.,   166;    Thompson  v. 

Pettus  V.  Roberts,  6  Ala.,  811 ;  Giddings  Faussat,  Pet.  0.  C,  182;  Bristow  v.  Ear^t- 

V.  Munson,  4  Vt.,  308  ;   Beebee  v.  Moore,  man,  1   Esp.,  173  ;   Alner  v.  George,    1 

8  McLean,   387;    Hogan  v.   Reynolds,  8  Campb.,  892;  Eve  v.  Mosely,  2  Strobh., 


628  ABBOTTS'  FORMS. 


Analysis. 


Whenever  an  innocent  person  has  acted  upon  faith  reposed  in  a  receipt,  in 
such  a  way  that  he  would  be  injured  by  allowing  it  to  be  falsified,  the  rule 
which  permits  it  to  be  explained  away  by  parol  evidence  does  not  apply  as 
against  him. 

I.  GeNZRAL  BE0EIPT8.  FAOB 

1208.  General  receipt  for  money 628 

1209.  For  chattels fi28 

1210.  For  papers 628 

1211.  Receipt  for  money  paid  by  a  third  person 629 

1212.  Receipt  for  money  on  behalf  of  a  third  person 629 

1213.  Form  for  indorsing  a  receipt  on  a  written  instrument 629 

II.  Rbckipts  for  pabtioular  objects. 

1214.  Receipt  on  account  generally 629 

1215.  Receipt  for  a  quarter's  rent 629 

1216.  For  interest  on  a  bond 629 

1217.  For  part  of  the  principal  of  a  bond 629 

1218.  For  payment  for  professional  services 629 

1219.  For  money  to  be  paid  over 630 

1220.  For  money  to  be  disbursed 630 

1221.  For  money  to  be  repaid 630 

1222.  For  papers  to  be  safely  kept  and  restored 630 

III.  Receipts  in  full. 

1223.  In  full  of  a  particular  demand 630 

1224.  In  full  of  all  demands 681 


1208.  General  Receipt  for  Money, 

$  .    Received  from  Y.  Z.  the  sum  of  dollars, 

[Date.]  A.  B. 

1209,  For  Chattels. 

Received  from  Y.  Z.  one  cart,  one  wagon,  one  plough,  one  harrow,  one 
black  horse  five  years  old,  known  as  Jack,  and  a  yoke  of  oxen,  heretofore 
kept  by  said  Y.  Z.,  on  his  farm  in  .  A.  B. 

[Date.] 

1210.  For  Papers. 

I  hereby  acknowledge  that  I  have  received  from  Y,  Z.  the  several  notes 
[or,  deeds,  oi;  contracts],  and  other  papers,  which  are  enumerated  and 
described  in  the  schedule  annexed.  -  A,  B, 

[Date.] 

[Annex  list,  identifying  papers  hy  dates,  parties^  names,  etc.] 

203 ;    Holbrook   v.  Blodget,  5    Ft.,  520 ;  219  ;    Lessions   v.   Gilbert,   Brayt.,   75  ; 

Cunningham  v.  Batchelder,  32  Me.,  816  ;  Benson   v.  Bennet,    1    Camph.,   394,   n.  ; 

Thomas  v.  Austin,  4  Barb.,  265  ;  Patter-  Snyder  v.  Findley,  Coxe,  48  ;  Middleditch 

son  V,  Atcheson,  1  Edw.  Ch.,  101,  and  2  v.  Sharland,  5  Ves.  jr.,  87 ;  McDowell  v. 

/J.,  427  ;  Derrickson  «.  Morris,  2  i^mn^,  Lenaitre,  2  MeCord,  320;    Lawrence  v. 

892;  TriBlerp.Williarason,  4//ar.tfci/c/^,  Schuylkill  Nav.  Co.,  4  Wash.,  562. 


RECEIPTS.  620 


Receipts  for  Particular  Objects. 


1211.  Receipt  for  Money  Paid  ly  a  Third  Person. 

$  .    Received  from  Y.  Z.,  by  the  hand  of  M.  K,  ,  the  sum 

of  dollars.  A.  B. 

[Date.] 

1212.  Receipt  for  Money  on  Behalf  of  a  Third  Person. 

%  .   Received  from  Y.  Z.  the  sum  of  dollars.  A.  B., 

per  M.  N. 

1213.  Form  for  Indorsing  a  Receipt  on  a  Written  Instrument. 

%  .    Received  from  Y.  Z.  the  sum  of  dollars,  being  [a  part  of] 

the  amount  due  upon  the  written  bond  [or,  contract,  or,  policy  of  insurance, 
etc.]  A.  B. 

[Bate.] 

1214.  Receipt  on  Account  Generally. 

^  .    Received  from  Y.  Z.  the  sum  of  dollars,  on  account. 

[Bate.]  A.  B. 

1215.  Receipt  for  a  Quarterns  Rent.(e) 

%           .    Received  of  Y.  Z.  the  sum  of  dollars,  being  one 

quarter's  rent,  due  this  day,  for  my  dwelling-house  and  estate.  No. 

street,  now  occupied  by  said  Y.  Z.  A.  B. 
[Bate.] 

1216.  For  Interest  on  a  Bond. 

$  .    Received  of  Y.  Z.  the  sum  of  dollars,  being  the  animal 

interest  due  on  his  bond,  dated  the  day  of  »  18    ,  given  to  me 

[oi\  to  M.  N".],  and  conditioned  for  the  payment  of  the  sum  of  two  thousand 
dollars,  in  three  years  from  date,  with  annual  interest  [which  payment 
herein  acknowledged,  I  promise  to  indorse  on  said  bond].  A.  B. 

[Bate.] 

1217.  For  Part  of  the  Principal  of  a  Bond. 

$  .    Received  of  Y.  Z.  the  sum  of  dollars,  to  apply  on  his 

bond,  dated  the        day  of  >  18    ,  given  to  me  [or,  to  M.  N.],  being 

the  same  payment  which  I  have  this  day  indorsed  on  said  bond.      A.  B. 

[Bate.] 

1218.  For  Payment  for  Professional  Services. 

$  .    Received  from  Y.  Z.  the  sum  of  dollars,  for  professional 

services  rendered  by  me  in  [state  the  nature  of  the  services].  A.  B. 

[Date.] 

(<-)  A  receipt  for  a  sum  of  money  ex-  tract,   and    not    liable    to    be   varied   by 

pressed  to  be  ''to  secure  board,  and  to  be  parol  evidence  of  previous  arrangements. 

»[. plied  on  the  first  week's  board:  to  be  Townsend  v.  Fisher,  2  Hilt.,  47. 
forfeited  if  not  taken," — Held,  to  be  a  con- 


630  ABBOTTS'  FORMS. 


Receipts  in  Full. 


1219,  For  Money  to  le  Paid  Over. 

%  .    Eeceived  from  T.  Z.  the  sum  of  dollars,  to  be  paid  to 

the  Bank  of  ,  on  their  surrendering  a  note  which  they  hold,  made  by 

said  Y.  Z.,  dated  the  day  of  ,  18    ,  for  dollars,  payable 

days  after  date.  A.  B. 

1220.  For  Money  to  he  Disbursed. 

$  .    Received  from  Y.  Z.  the  sum  of  dollars,  to  be  expended 

in  necessary  travelling  expenses  and  disbursements  in  going  to  Washington 
for  him  to  obtain  letters  patent  \pr  otherwise  state  the  nature  of  the  dis- 
bursements intended.]  A.  B. 

[Date.] 

1221.  For  Money  to  he  Repaid. 

%  .    Received  from  Y.  Z.,  of  ,  the  sum  of         dollars,  which 

I  promise  to  repay  to  him  on  demand  [or,  in  days,  or,  months ;  or,  on 
the        day  of  ,  18    ].  A.  B. 

[Date.]  ■ 

1222.   For  Papers  to  be  Safely  Kept  and  Restored. 

I  hereby  acknowledge  that  the  several  deeds  and  writings  contained  in 
the  schedule  annexed  were  this  day  delivered  to  me  by  Y.  Z.,  of,  etc,  and  I 
hereby  undertake  to  keep  them  with  the  same  degree  of  care,  as  I  keep  my 
own  deeds,  writings  and  papers,  or  other  valuable  effects,  and  to  restore 
them  to  the  said  Y.  Z.,  his  heirs  or  assigns,  on  his  or  their,  etc.  [state  the 
condition,  or  say,  upon  request],  uninjured  and  undefaced,  inevitable 
casualty  excepted.  A.  B. 

[Date.]  [Annex  Schedule,  as  in  Form  1210.] 


1223.  InFuU(f)  of  a  Particular  Demand. 

$  .    Received  from  Y.  Z.  the  sum  of  dollars,  in  full  of  all  de- 

mands for  printing  up  to  date  [or,  to  the         day  of  ,  18    ]. 

[Date.]  A.  B. 

(/)  Receipt  "  in  full," — Held,  open  to  refused  the  wagen  necessary  for  his  sup- 
proof  that  no  money  was  paid,  but  only  a  port  unless  he  will  sign  a  receipt  of  a  part- 
check  which  was  dishonored.  Houston  payment  in  full, — is  not  concluded  by  it, 
r.  Shindler,  11  Barb.,  86.  although  it  is  expressed  to  be  in  full. 

A  receipt,  although  in  full  of  all  de-  Thomas   v.    McDaniel,  14   Johns.,   185 ; 

mands,  and  under  seal,  is  no  bar  to  a  sub-  Rourk  v.  Story,  4  E.  D.  Smith,  524. 

sequent  action,  if  it  was  given  without  The  words  "  in  full,"  occurring  in  a  re- 

any  consideration.     If  given  upon  an  ac-  ceipt  at  the  end  of  a  specification  of  sev- 

tual  part-payment,  it  would  show  an  ac-  eral  demands,  are  not  necessarily  confined 

cord  and  satisfaction.     Riley  v.  White,  6  to  the  demand  last  mentioned,  but  may 

iV.  Y.  Leg.  Obs.,  272.  extend  to  the  others.    Bogart  s.  Van  Vel- 

One  who  gives  a  receipt  under  compul-  sor,  4  Edw.,  718. 
Bion, — e.  g.,  where  a  person  employed  is 


RECOGNIZANCES.  631 


General  Principles. 


\22^.  In  Full  of  All  Demands. 

%  .     Received  of  Y.  Z.  the  sum  of  dollars,  in  full  of  all  de- 

mands against  him.  A.  B. 


CHAPTER  LXXYIIT. 
EECOGNIZANCES. 


A  RECOGNIZANCE  Is  an  obligation  of  record,  entered  into  before  a  court  or 
officer  duly  authorized  for  that  purpose,  with  a  condition  to  do  some  act  re- 
quired by  law,  which  is  therein  specified. 

In  the  absence  of  any  statute  regulation,  the  manner  of  taking  a  recogruzance 
is  that  the  magistrate  repeats  to  the  recognizors  the  obligation  into  which  they 
are  to  enter,  and  the  condition  of  it,  at  large,  and  asks  them  if  they  are  content. 
He  makes  a  short  memorandum  of  it  in  his  minutes,  which  it  is  not  necessary 
that  they  should  sign.  From  this  short  minute,  the  magistrate  may  afterwards 
draw  up  the  recognizance  in  full  form,  and  certify  it  to  the  court ;  or,  as  is  the 
general  practice,  certify  either  the  original,  or  a  copy,  of  the  short  memorandum. 

By  the  statutes  of  New  York,  it  is  provided  that  recognizances  authorized  to 
be  taken  in  any  criminal  proceeding  in  open  court  by  any  court  of  record, 
shall  be  entered  into  the  minutes,  and  the  substance  thereof  read  to  the  person 
recognized.  All  other  recognizances  in  any  criminal  proceeding,  or  proceeding 
imder  the  laws  respecting  internal  police,  shall  be  in  writing  and  subscribed 
by  the  parties  to  be  bound  thereby.(a) 

A  written  recognizance  should  express  that  the  obligors  are  bound  to  the 
State  or  commonwealth  in  a  specified  sum,  and  should  state  the  condition  It 
is  usual  also  to  state  the  offence  charged,  and  the  circumstances  under  which 
the  recognizance  is  taken,  so  as  to  show  the  jurisdiction  of  the  officer.(6) 

1225.  Short  Form  of  Memorandum  of  £eeognuance.(e) 

A.  B.,  bound  in  dollars. 

C.  D.,  bound  in  dollars. 

On  condition  that  A.  B.  be  and  appear  at  the  next  court  in  , 

to  answer. 

[Date.] 

1226.  Formal  Recognizance. 
State  of  ,  ] 

County  of  .  j     * 

Be  it  remembered,  that  I,  A.  B.,  of  the  town  of  ,  in  said  county, 

do  hereby  acknowledge  myself  to  be  indebted  to  the  People  of  the  State 
of  ,  in  the  sum  of  dollars,  to  be  well  and  truly  paid,  if  default 

shall  be  made  in  the  condition  following : 

(o)  2  Rev.  Stat.,  746,  §  24.  JBarb.,  511 ;  Gildersleeve  v.  People,  10  76., 
(J)  It  has  been  held,  however,  that  this  35  ;  S.  C,  9  iV.  Y.  Leg.  Obs.,  18. 
is  not  essential  to  its  validity.    People  v.         (c)  This  form  is  sustained  by  Common- 
Kane,  4  Den.,  530;  People  *.  Willis,  5  wealth  t>.  Emery,  2  J?iw».,  48. 


632  ABBOTTS'  FORMS. 


Secognizances.  Releases. 

Whereas  the  said  A.  B.  [here  'briefly  state  the  circumstances  authorizing 
the  exaction  of  the  recognizance'] :  Now,  tiieeefobe,  the  condition  of  this 
recognizance  is  such,  that  if  the  said  A.  B.  shall  [Jiere  state  what  is  to  he 
performed  by  him],  then  this  recognizance  shall  be  void ;  else,  to  remain 
of  force. 

Subscribed  and  acknowledged  1  [Signature  and  seal.] 

[in  open  court]  this         day  >• 
of  >  18    ,  before  me.      ) 

[Signature  and  title  of  magistrate 
^  or  cleric  of  court.] 


CHAPTER  LXXIX. 

RELEASES. 


The  distinction  between  a  release  and  a  receipt  is,  that  the  first,  by  its 
own  operation,  extinguishes  a  pre-existing  right,  and  therefore  cannot  be 
contradicted  or  explained  by  parol ;  the  second,  has  never  the  effect  of 
destroying  a  subsisting  right,  but  is  merely  evidence  of  a  fact — the  fact  of 
payment — and  therefore,  like  all  other  facts  given  in  evidence,  may  be  refuted 
or  explained. 

A  release  by  one  of  two  or  more  creditors  or  claimants,  who  must  have  joined 
as  plaintifis  had  an  action  been  brought,  is  valid  and  binding  on  the  others, 
unless  it  shows  that  the  consideration  was  not  for  their  benefit.  So  a  release 
given  to  one  of  several  joint  debtors  who  must  have  been  joined  as  defendants 
if  an  action  had  been  brought,  is  valid,  and  has  the  effect  of  discharging  all  the 
debtors,  if  it  be  under  seal.  But  it  is  competent  for  the  parties  to  prevent  tliis 
effect  by  expressing  in  the  release  that  it  is  not  to  discharge  the  other  joint 
debtors.(a) 

In  general,  a  release  should  express  a  consideration ;  and  it  is  usual  to  state 
a  nominal  consideration  if  there  is  no  other ;  and  the  instrument  should  also 
be  tmder  seal. 

A  general  release  will  be  confined  in  its  operation  to  the  demands  which 
appear  to  have  been  intended  by  the  parties,  notwithstanding  general  words. 
Especially  where  the  same  instrument  is  executed  by  various  persons,  standing 
in  various  relations,  and  having  various  kinds  of  claims  and  demands  against 
the  releasee,  general  words,  though  the  most  broad  and  comprehensive,  are  to 
be  limited  to  particular  demands,  where  it  manifestly  appears,  by  the  con- 
sideration, by  the  recital,  by  the  nature  and  circumstances  of  the  several 
demands,  to  one  or  more  of  which  it  is  proposed  to  apply  the  release,  that  it 
was  so  intended  to  be  limited  by  the  parties.  And  for  the  purpose  of  ascertain- 
ing that  intent,  every  part  ot  the  instrmnent  is  to  be  considered. 

But  the  intention  to  limit  the  release  to  a  particular  debt  must  be  shown  by 
the  deed  itself,  or  by  the  instruments  in  pan  materia  containing  the  agree- 
ment and  release. 

'a)  Tliis  is  the  rule  established  in  New  Yorli  by  Statute.    Laws  of  183S,  243,  ch.  257. 


EELEASES.  633 


General  Eeleases. 


PAflB 

1227.  General  release  of  all  demands 633 

1228.  Mutual  general  release 638 

1229.  General  release  sometimes  required  by  an  award 638 

1230.  Special  release 684 

1281.  Eelease  by  a  ward  on  coming  of  age,  to  his  guardian 684 

1232.  Eelease  by  one  partner 684 

1233.  Eelease  of  one  of  several  partners  or  joint  debtors 635 

1234.  Eelease  of  lands  from  the  lien  of  a  judgment 635 

1235.  Eelease  of  lands  from  a  legacy  charged  thereupon  by  will 635 


1227.  General  Release  of  All  Demands. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of  ,  for 

and  in  consideration  of  the  sum  of  one  dollar  to  me  in  hand  paid  by  Y.  Z., 
of  ,  do  hereby  release  and  forever  discharge  the  said  Y.  Z.,  his  heirs, 

executors  and  administrators,  of  and  from  all  actions,  causes  of  action,  suits, 
controversies,  claims  and  demands  whatsoever,  *  for  or  by  reason  of  any 
matter,  cause  or  thing,  from  the  beginning  of  the  world  down  to  the  day 
of  ,  18    . 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this        day 
of  ,  one  thousand  eight  hundred  and 

In  presence  of  [Signature  and  seal.} 

[Witness's  signature."] 

1228.  Mutual  General  Eelease. 

This  dtdentube,  made  this  day  of  »  18    ,  between  A.  B.,  of 

,  of  the  one  part,  and  Y,  Z.,  of  ,  of  the  other  part,  witnesses, 

that  the  said  A.  B.  and  Y.  Z.  have  this  day  cancelled  and  delivered  up  to 
the  other  certain  covenants,  bond,  notes  and  written  contracts,  upon  which 
he  claimed  to  have  demands  on  the  other ;  the  said  claims  and  instruments 
60  cancelled  and  delivered  up  being  supposed  and  intended  to  be  all  the 
claims  and  evidence  of  claims  by  either  of  the  parties  hereto  on  the  other. 
And  in  consideration  thereof,  each  of  them,  the  said  A.  B.  and  Y.  Z.,  does 
hereby,  for  himself  and  his  legal  representatives,  release  and  absolutely  and 
forever  discharge  the  other  of  and  from  all  claims  and  demands,  actions, 
causes  of  action,  of  every  name  and  nature,  so  that  neither  of  them  shall 
have  any  claim  on  the  other,  directly  or  indirectly,  on  any  contract,  or  sup- 
posed liability,  or  thing  undertaken,  done  or  omitted  to  be  done,  from  the 
beginning  of  the  world  to  this  day. 

In  testimony  wheeeof,  the  said  parties  have  hereto  interchangeably  set 
their  hands  and  seals,  the  day  and  year  first  above  written. 

In  presence  of  [Signatures  and  sealsJ] 

[Signature  of  witness.] 

1229.  General  Release  Sometimes  Required  By  An  Award. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of  , 

tor  and  in  consideration  of  the  sum  of  one  dollar  to  me  in  hand  psud  by  Y. 


634  ABBOTTS'  FORMS. 


Special  Releases. 


Z.,  of  ,  and  in  pursuance  of  an  award  made  by  M.  N.,  O.  P.  and  Q.  R., 

arbitrators  between  us,  the  said  A.  B.  and  Y.  Z.,  and  bearing  date  the 
day  of  ,  one  thousand  eight  hundred  and  ,  do  hereby  release 

and  forever  discharge  the  said  Y.  Z,,  his  heirs,  executors  and  administra- 
tors, of  and  from  all  actions,  causes  of  action,  suits,  controversies,  claims 
and  demands  whatsoever,  for  or  by  reason  of  any  matter,  cauae  or  thing, 
from  the  beginning  of  the  world  down  to  \Jiere  insert  the  date  of  the  honda 
of  arbitration,  or  of  the  submission]. 

In  witness  whebeof,  I  have  hereunto  set  my  hand  and  seal,  this  day 
of  ,  one  thousand  eight  hundred  and 

In  presence  of  [Signature  and  stal.] 

[  Witnesses  signature.] 

1230.  Special  Release. 

\A8  in  Form  1227  to  the  *,  continuing  ly  stating  the  special  matter  in- 
tended— e.  g.,  thus :]  by  reason  of  a  mortgage  made  by  one  M.  N,  to  me, 
dated  the        day  of  j  18    ,  upon  lands  in  ,  and  by  reason  of 

the  said  Y.  Z.  having  assumed  to  pay  the  same. 

In  witness  [etc.,  as  aiove]. 

1231.  Release  By  a  Ward  on  Coming  of  Age,  to  His  Guardian. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  son  and  heir  of 

,  deceased,  in  consideration  of  ,  by  these  presents  remise,  re- 

lease and  forever  discharge  Y.  Z.,  of  ,  my  guardian,  of  and  from  all 

and  all  manner  of  actions,  suits,  accounts,  debts,  dues  and  demands  whatso- 
ever, which  I  ever  had,  now  have,  or  which  I  or  my  executors  or  administra- 
tors, at  any  time  hereafter,  can  or  may  have,  claim  or  demand  against  the  said 
Y.  Z.,  his  executors  or  administrators,  for,  touching  or  concerning  the  man- 
agement and  disposition  of  any  of  the  lands,  tenements  or  hereditaments  of 
the  said  A.  B.,  situate,  etc.,  or  any  part  thereof,  or  for  or  by  reason  of  any 
money,  rents  or  other  profits  by  him  received  out  of  the  same,  or  any  pay- 
ments made  thereof  during  the  minority  of  the  said  A.  B.,  or  by  reason  of 
any  matter,  cause  or  thing  whatsoever,  from  the  b^inning  of  the  world  to 
the  day  of  the  date  hereof 

In  witness  [etc.,  as  alovo.] 


1232.  Release  By  One  Partner. (I) 

In  consideration  of  the  sum  of  one  dollar  to  me  in  hand  paid  by  Y.  Z., 
of  ,  I  do,  on  behalf  of  the  firm  of  A.  B.  &  Co.,  of  ,  hereby  re- 

lease, quit-claim  and  forever  discharge  the  said  Y.  Z.  of  and  from  all  big 
debts,  dues,  claims  and  demands  which  the  said  firm  of  A.  B.  &  Co.  have 
against  the  said  Y.  Z. 

[Bate.]  [Signature  and  seal.] 

(b)  This  form  is  sustained  by  Stearns  v.  Tappin,  5  Denn.,  294. 


RELEASES.  635 


Of  Joint  Debtor.  Of  Lands. 

1233.  Release  of  One  of  Several  Partners  or  Joint  Debtors. 

"Wheeeas,  the  late  copartnership  firm  of  Y.  Z.  «&  Co.,  of  ,  are  in- 

debted to  me,  the  undersigned  A.  B.,  of  the  city  of  ,  in  the  sum  ot 

dollars  \and  if  the  indebtedness  is  on  a  judgment  of  a  court  of  record 
of  tim  State,  add  words  to  this  effect,  by  virtue  of  a  judgment  recovered  in 
the  Supreme  Court  of  the  State  of  ,  in  an  action  wherein  said  A.  B. 

was  the  plaintiff,  and  the  said  late  firm  were  defendants]. (c)  And  whereas 
such  firm  has  been  dissolved :  And  whereas  I  have  agreed  with  Y.  Z., 
a  member  of  the  said  firm,  to  compound  or  compromise  my  claim  on 
him  individually  in  respect  of  the  said  indebtedness  to  me  of  the  said  firm, 
for  the  sum  of  dollars :     Now  know  te,  that  in  consideration  of  the 

sum  of  dollars  to  me,  the  said  A.  B.,  paid  by  the  said  Y.  Z.,  at  or  before 

the  time  of  subscribing  this  release,  I,  the  said  A.  B.,  do  hereby,  according 
to  the  statu-te  in  such  case  made,  release,  acquit  and  forever  discharge,  the 
said  Y.  Z.  and  his  estate  of  and  from  all  individual  liability,  claim  and  de- 
mand whatsoever,  for  or  in  respect  of  the  said  indebtedness  to  me  of  the 
said  late  firm :  Peovided,  however,  that  this  present  release  is  made  pur- 
suant to  an  act  entitled,  "An  Act  for  the  relief  of  partners  and  joint  debt- 
ors," passed  April  18,  1838,  and  shall  have  no  greater  or  other  effect  than 
as  by  the  said  act  and  by  this  release  is  provided. 

Witness  my  hand,  this        day  of  ,18    .         [Signature  and  seal] 

1234.  Release  of  Lands  from  the  Lien  of  a  Judgment. 

[Title  of  the  cause.] 

Judgment  for       '    dollars  damages  and  costs.     Judgment-roll  filed,  and 
judgment  docketed  on  the        day  of  ,  18    ,  in  the  office  of  the  clerk 

of 

In  considekation'  of  dollars  to  me  in  hand  paid,  I  do  hereby  release 

and  discharge  the  lands  and  premises  hereafter  described,  from  all  claim, 
interest  and  lien,  which  I  may  have  by  virtue  of  the  above-mentioned 
judgment,  and  any  proceedings  thereupon.    [Deseription.li 

Witness  my  hand  and  seal,  this        day  of  ,  18    . 

[Signature  and  seal.] 

[Aelcnowledgment  or  proof  as  in  case  of  a  deed.] 


1235.  Release  of  Lands  from  a  Legacy  Charged  Thereupon  by  Will. 

This  indentuke,  made  the         day  of  ,  between  A.  B.,  of  etc.  (re- 

leasor), of  the  one  part,  and  0.  D.,  of  etc.  (releasee),  of  the  other  part : 
Whereas  S.  H.,  late  of,  etc.,  duly  made  and  executed  his  last  will  and  testa- 
ment, in  writing,  dated  the         day  of  ,  and  thereby  (amongst  other 

(c)  If  the  indebtedness  is  on  a  judg-    ledged  and  filed  with  the  clerk  of  the 
ment,  the    release    should  be    acknow-    court  in  which  the  judgment  was  obtained. 


636  ABBOTTS'  FORMS. 

Releases.  Religious  Corporations. 

things)  he  gave  and  bequeathed  the  sum  of  dollars  to  the  said  A.  B., 

and  directed  that  the  same  should  be  charged  on,  and  be  payable  primarily 
out  of  his  real  estate,  and  the  said  testator  by  his  said  will  gave  and  de- 
vised all  his  real  estate  so  charged  as  aforesaid  unto  the  said  0.  D  ,  his  heirs 
and  assigns,  forever,  and  said  testator  having  died,  and  his  will  having  been 
proved :  And  whereas  [here  state  the  consideration  for  giving  the  release] : 
Now  THIS  iNDKXTtrKE  WITNESSETH,  that,  ill  puTsuauce  of  the  said  agreement, 
and  in  consideration  of  the  sum  of  dollars  to  the  said  A.  B.  paid  by 

the  said  0.  D.,  on  or  before  the  execution  .of  these  presents  (the  receipt 
whereof  he,  the  said  A.  B.,  doth  hereby  acknowledge),  he,  the  said  A.  B., 
doth  hereby  release,  exonerate  and  forever  discharge  the  said  C.  D.,  his 
heirs,  executors,  administrato-rs  and  assigns,  and  every  of  them,  and  also 
all  and  every  the  lands,  tenements,  hereditaments  and  real  estate,  by  the  said 
will  of  the  said  S.  H.  charged  with  the  payment  of  the  said  legacy  of 
dollars,  and  all  interest  on  account  thereof,  and  all  claims  and  demands 
for  or  in  respect  of  the  same.  And  he  covenants  with  said  0.  D.,  that  he 
has  not  done  any  aot  whereby  he  is  prevented  from  releasing  the  said  sum 
of  dollars. 

In  wirNKss  [etc.,  as  above.l 


CHAPTER   LXXX. 
RELIGIOUS  CORPORATIONS. 


By  the  laws  of  the  State  of  New  York,  and  those  of  some  other  States,  any 
Church  or  Congregation  may  become  incorporated  by  complying  with  certain 
requirements  of  the  8tatute.(a) 

The  following  forms  are  agreeable  to  the  laws  of  New  York ;  and  will  serve 
as  guides  in  proceedings  under  the  statutes  of  other  states. 

1236.  Certificate  of  incorporation  or  religious  society 636 

1237.  The  same ;  in  the  case  of  a  Protestant  Episcopal  Church 687 

1238.  Certificate  of  election 688 

1239.  Triennial  report  of  a  religious  corporation 688 

124C.  Petition  of  trustees  for  leave  to  sell  or  mortgage  real  property  of  the  society.  689 
1241.  Order  for  leave  to  mortgage  or  sell 689 

1236.  Certijicaie  of  Incorporation  of  a  Religious  Society. 

We,  the  undersigned,  two  of  the  elders  [or,  church  wardens]  of  the 
church  [or,  two  of  the  members  of  the  church,  or,  of  the  congregation,  or, 
society]  hereafter  mentioned,  hereby  certify,  that,  on  the        day  of  , 

18    ,  at  a  meeting  of  the  male  persons  of  full  age,  belonging  to  the 
church  [or,  congregation,  or,  society],  for  the  purpose  of  incorporating  the 

(o)  SSev.Stat.  of  N.  T.,  292;  /6.,5ed.,  vol.  ii.,  p.  604. 


EELIGIOnS  CORPORATIONS.  637 

Incorporating. 

same,  whicli  meeting  was  held  at  ,  in  the  house  where  they  statedly 

assemhle  for  divine  worship,  and  pursuant  to  notice  duly  given,  upon  the 
day  of  and  the        day  of  ,  at  the  stated  meetings  of  said 

congregation  for  puhlic  worship,  by  M.  N.,  the  minister  [o?',  in  the  absence 
of  the  minister,  by  M.  N.,  one  of  the  elders,  or,  other  oflBcer  or  member 
according  to  the  statute]  of  said  church,  the  undersigned  were  nominated 
by  a  majority  of  the  members  present  as  returning  oflBcers ;  and  that  said 
male  members  did  then  and  there  elect,  by  plurality  of  voices  {naming  the 
trustees^  not  less  than  three,  nor  more  than  nine],  as  trustees  of  the  said 
church,  congregation  or  society ;  and  the  said  persons  did  then  and  there 
also  determine  by  the  like  plurality  of  voices,  that  the  said  trustees  and 
their  successors  should  forever  hereafter  be  called  and  known  by  the  name 
or  title  of  [here  designate  title]. 

In  witness  wheeeof,  we  have  affixfid  our  hands  and.  seals,  at  ,  thia 

day  of  ,  18     . 

Signed  and  sealed  in  the )  [Signatures  and  seals.] 

presence  of  ) 

[Signature  of  witness.] 

1237.  The  Same;  In  the  Case  of  a  Protestant  Episcopal  Church. 

We,  the  undersigned,  do  hereby  certify,  that  on  the        day  of  ,  in 

the  year  18    ,  the  male  persons  of  full  age  of  the  Church  in 

[or,  of  a  congregation]  worshipping  in  [here  designate  place  of  worship],  in 
the  town  of  ,  in  the  county  of  ,  and  State  of  New  York,  in 

communion  with  the  Protestant  Episcopal  Church  in  the  State  of  New 
York,  who  wei'e  duly  qualified  under  the  statute,  and  were  not  heretofore 
incorporated,  met  at  their  place  of  worship  aforesaid,  for  the  purpose  of 
incorporating  themselves  as  a  religious  society,  under  the  acts  of  the  Legis- 
lature of  the  State  of  New  York,  and  in  pursuance  of  notice  duly  given  to 
the  said  congregation,  in  the  time  of  morning  service,  on  two  Sundays  pre- 
vious to  such  meeting,  that  the  male  persons  of  full  age  belonging  to  said 
congregation  would  meet  at  the  time  and  place  aforesaid,  for  the  pur- 
pose of  incorporating  themselves,  and  of  electing  churchwardens 
and  vestrymen.  And  we  further  certify,  that  the  Reverend  A.  B., 
being  rector  of  said  church,  presided  at  the  said  meeting  [or,  if  there  ie  no 
rector,  say :  there  being  no  rector  of  the  said  congregation,  or,  church,  the 
undersigned  C.  D.  was,  by  a  majority  of  the  said  persons  so  met,  called  to 
the  chair,  and  presided  at  the  said  meeting].  And  we  further  certify,  that 
at  the  said  meeting  [names]  were  duly  elected  churchwardens  of  the  said 
congregation  and  church,  and  [names]  were  duly  elected  vestrymen ;  that 
day  in  Easter  week  was,  by  the  said  meeting,  fixed  on  as  the  day  on 
which  the  said  ofiices  of  churchwardens  and  vestrymen  should  annually 
thereafter  cease,  and  their  successors  in  office  be  chosen;  and  that  the  said 
meeting  determined  and  declared  that  the  said  church  and  congregation 
should  be  known  in  law  by  the  name  of  [hei-e  state  it]. 

In  witness  wheeeof,  we,  the  said  A.  B.  [rector],  who  presided  at  the  said 
election  of  wardens  and  vestrymen,  and  C.  D.  and  E.  F.,  who  were  present 


638  ABBOTTS'  FORMS. 


Eeligious  Corporations. 


and  witnessed  the  proceedings  aforesaid,  have  hereunto  subscribed  our 
names,  and  affixed  our  seals,  this        day  of  ,  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and 

Signed  and  sealed  I  [Signatures  and  seals.] 

in  presence  of   [ 
[Signatures  of  witnesses.] 

1238.   Certificate  of  Election. 

We,  the  undersigned,  two  of  the  elders  [or,  churchwardens — or,  members] 
of  the  Society,  hereby  certify,  that  on  the        day  of  ,  in  the 

church  at  ,  a  meeting  of  the  said  society  was  held,  pursuant  to  notice 

duly  given  by  A.  B.,  the  minister  of  said  church  [or,  one  of  the  elders,  or 
other  officer,  of  said  church,  in  the  absence  of  the  minister],  for  the  purpose 
of  electing  trustees  to  fill  the  vacancies  occurring  by  the  expiration 

of  the  terms  of  office  of  and  ,  on  the        day  of  .     That 

at  said  meeting  the  undersigned  were  nominated  by  a  majority  of  the  mem- 
bers present,  as  returning  officers ;  and  that  the  male  members  of  said  so- 
ciety of  lawful  age,  and  duly  qualified  under  the  statute,  then  present,  did 
by  a  plurality  of  voices  elect  [here  insert  names]  as  trustees  of  said  society, 
to  fill  said  vacancies. 

In  witness  [etc.,  as  in  Form  1236]. 


1239.  Triennial  Report  of  a  Religious  Corporation. 

To  the  Hon.  ,  one  of  the  judges  of  the  Supreme  Court  of  the  State  of 

New  York : 

The  undersigned,  the  rector,  churchwardens  and  vestrymen  of  St.  Mark's 
Church  [or,  the  trustees  of  the  Society  of  ],  a  religious  corpora- 

tion, in  the  city  of  ,  in  said  State,  respectfully  report,  that  the  follow- 

ing is  a  faithful,  true  and  correct  account  and  inventory  of  all  the  estate, 
both  real  and  personal,  belonging  to  said  church  [or,  congregation — or,  so- 
ciety] at  the  time  of  making  this  report — to  wit : 

The  church  edifice,  and  the  lot  on  which  the  same  stands,  known  as  [etc.] 
on  street,  in  said  city  of  ,  and  valued  at  dollars. 

[Insert  in  the  same  way  all  the  item^s  of  real  and  personal  estate.] 

And  the  undersigned  further  report  that  the  following  is  a  just  and  cor- 
rect account  of  the  annual  revenue  arising  from  the  real  and  personal  estate 
aforesaid,  from  the        day  of  ,  18    ,  to  the        day  of  »  1^    » 

to  wit  [insert  here  the  revenue  for  each  year  separately]. 

Dated  at  ,  the  day  of  ,  18    .  [Signatures.] 

County  of  ,  as. 

[Here  insert  names  of  signers],  being  duly  sworn,  each  for  himself  deposes 
and  says,  that  he  has  read  [or,  heard  read]  the  foregoing  report  by  him 
signed,  and  that  the  same  is  in  all  respects  faithful,  just  and  true,  to  the 
best  of  his  knowledge  and  belief. 

SwoBN  [etc.,  as  in  Form  1115].  [Signatures.] 


RELIGIOUS  CORPORATION'S.  639 

Leave  to  Sell  or  Mortgage  Property. 

1240.  Petition  of  Trustees  for  Leave  to  Sell  or  Mortgage  Real  Property  of 

the  Society. 

To  the  Supreme  Court  of  the  State  of  New  York : 

The  petition  of  the  undersigned  respectfully  shows,  that  they  are  the 
trustees  of  the  religious  society  known  as  ,  a  religious  corporation 

formed  under  the  laws  of  this  State,  having  no  personal  property  except 
[their  church  furniture],  and  no  real  estate  except  [the  lot  on  which  stands 
their  house  of  worship] ;  [here  state  the  facts  that  the  petition  is  based  on — 
e.g.^  thus:  that  said  house  of  worship  has  just  been  erected  at  a  cost  of 
about  dollars,  and  they  ask  the  leave  of  the  court  to  mortgage  said 

property  for  dollars,  the  term  of  years,  for  to  raise  the  balance 

of  said  money.  And  this  petition  further  shows,  that  the  resolution  hereto 
annexed  is  a  copy  of  a  resolution  which  was  unanimously  passed  by  the 
trustees  of  said  society,  at  a  meeting  duly  held ;  and  that  the  petition  hereto 
annexed  is  the  petition  of  a  majority  of  the  legal  voters  of  said  religious 
corporation,  and  that  the  property  which  they  desire  to  mortgage  is  bounded 
and  described  as  follows  :  [Add  description^ 

[Signatures  of  trustees.'] 
County  of  ,  ss. 

A.  B.  being  sworn,  says  that  he  is  the  clerk  [or,  the  president]  of  the 
board  of  trustees  of  the  religious  corporation  known  as  the  ;  that  he 

has  read  the  foregoing  petition  by  him  subscribed,  and  knows  the  contents 
thereof,  and  that  the  same  is  true  of  his  own  knowledge,  except  as  to  the 
matters  therein  stated  on  his  information  and  behef,  and  as  to  those  matters 
he  believes  it  to  be  true ;  that  the  persons  who  have  signed  the  annexed 
petition  of  legal  voters  are  all  legal  voters  of  said  religious  corporation,  and 
that  the  whole  number  of  legal  voters  of  said  society  does  not  exceed  , 

and  that  the  foregoing  signers  of  this  petition  are  all  the  trustees  of  said 
corporation. 

Sworn  [etc.^  as  in  Form  1115].  [Signature.] 

124:1.  Order  for  Leave  to  Mortgage  or  Sell. 

At  a  special  term  of  the  Supreme  Court  of  the  State  of  New  York,  held  at 
the  City  Hall  in  the  city  of  ,  on  the  day  of  ,  18    . 

Present — Hon.  A.  B.,  justice. 


In  the  matter  of  the  applica- 
tion of  for  leave  to  ■ 
sell   [or,  mortgage]  their 
real  property. 

Upon  reading  and  filing  the  petition  of  ,  dated  the        day  of         , 

and  on  motion  of  ,  for  said  petitioners,  it  is  hereby  ordered,  that  the 

said  be  authorized  to  sell  the  real  estate  in  said  petition  described  [or, 

to  mortgage  the  real  property  in  said  petition  described,  for  a  period  not  to 
exceed  years,  for  a  sum  not  to  exceed  dollars],  and  to  appropriate 

the  proceeds  as  requested  in  the  said  petition. 


640  ABBOTTS'  FORMS. 


Satisfaction  of  Liens,  etc. 


CHAPTER  LXXXI. 

S  ATI  SF  ACTIO  N-PIEOES. 

Judgments,  mortgages  which  have  been  registered,  and  other  liens  resting 
in  record,  should  have  the  evidence  of  their  discharge  also  recorded.  The  in- 
strument appropriate  to  this  purpose  is  termed  a  satisfaction-piece.  It  should 
be  acknowledged  or  proved  by  a  witness  in  the  same  way  as  a  deed,  according 
to  the  forms  given  in  the  chapter  of  Acknowledgments. 

1242.  Satisfaction  of  judgment  640 

1243.  Satisfaction  of  justice's  judgment 640 

1244.  Satisfaction  of  mortgage 640 

1245.  Satisfaction  of  mechanic's  lien 641 

1242.  Satisfaction  of  Judgment. 
[Name  of  court  and 

title  of  cause.] 
County  of 

Satisfaction  is  acknowledged  between  A.  B.,  plaintiff,  and  Y.  Z.,  defend- 
ant, for  the  sum  of  dollars,  *  judgment  entered,  jn  the  judgment-book 
of  the  Court  *  in  the  county  of  ,  the  day  of  ,  one 
thousand  eight  hundred  and 

Acknowledged  before  me,  the         "]  [Signature  of  judgment 

day  of  ,  18    ,  by  the  said  A.  |  creditor.] 

B.,  to  me  known  [or,  proven  by  the 
oath  of  M.  N".,  a  credible  witness]  to 
be  the  plaintiff  in  the  above  action,     j 
[Signature  of  officer.] 

1243.  Satisfaction  of  Justice's  Judgment. 

[As  in  the  preceding  form,  substituting  for  the  words  between  the  *  *  the 
following:]  judgment  rendered  by  M.  K,  Esq.,  a  justice  of  the  peace  in  the 
town  of  ,  and  county  of  ,  for  dollars  and  cents, 

damages  and  costs ;  transcript  filed  and  judgment  docketed, — 

1244.  Satisfaction  of  Mortgage. 
I,  A.  B.  [or,  we,  the  president,  directors  and  company  of,  etc.],  do  hereby 
certify,  that  a  certain  mortgage,  bearing  date  the        day  of  ,  in  the 

year  one  thousand  eight  hundred  and  ,  made  and  executed  by  Y.  Z., 

of  [and  W.  Z.  his  wife],  to  me  [or,  to  us — or,  to  one  M.  N.,  and  by 

him  heretofore  assigned  to  me— or,  us],  and  recorded  in  the  oflSce  of  , 


SCHOOLS.  641 


Satisfaction  Pieces.  School  Laws. 

in  the  county  of       .     ,  in  Lib.  of  mortgages,  page        [or,  if  a  chattel 

mortgage,  say :  and  filed  in  the  oflSce  of  ,  in  the  county  of  ],  on 

the        day  of  ,  is  paid.     And  I  [or,  we]  do  hereby  consent  that  the 

same  be  discharged  of  record. 

Dated  the        day  of  ,18    [or,  if  executed  ly  a  corporation,  say  : 

In  witness  whereof,  the  said  {naming  corporation]  have  caused  their  cor- 
porate seal  to  be  hereunto  aflSxed,  this        day  of  ,  18    ]. 

In  presence  of  [Signature,  etc.] 

[Signature  of  witness.] 

[Add  acTcnowledgment  or  proof  ly  subscribing  witness,  as  in  case  of  a 
Deed.] 

1245.  Satisfaction  of  Mechanic's  Lien. 

I,  A.  B.,  do  hereby  certify,  that  a  certain  mechanic's  lien,  filed  in  the 
office  of  the  clerk  of  the  county  of  ,  the        day  of         ,  one  thousand 

eight  hundred  and  ,  at        o'clock  in  the        noon,  in  favor  of  A.  B., 

claimant,  against  the  building  and  lot  situate  on  the  side  of 

street,  in  ,  between  and  streets,  and  known  as  No.        in 

said  street,  M.  N.  owner  and  0.  P.  contractor,  is  discharged. 

In  presence  of  [Signature  of  lienor.] 

[Signature  of  witness.] 

[Add  acknowledgment  or  proof  by  subscribing  witness,  as  in  case  of  a 
Deed.] 


CHAPTER  LXXXII. 

SCHOOLS. 


The  Common-school  Systems  adopted  in  various  States  differ  so  much,  and 
the  features  and  practice  are  generally  so  fully  set  forth  in  the  statute  regula- 
tions, that  a  full  statement  of  the  law  should  be  sought  in  the  statutes  and  in 
the  instructions,  if  any  issued,  by  the  state  officers  having  supervision  of  the 
public  instruction.  The  following  forms  have  reference  to  the  most  common 
needs  of  professional  or  clerical  use  under  the  statutes  of  New  York. 

PAes 

1 246.  Order  altering  school  districts 642 

1247.  Order  erecting  a  new  district , 642 

1 248.  Consent  of  trustees  indorsed  on  order 642 

1249.  Notice  of  first  meeting  in  a  new  school  district 642 

1250.  Ordinary  notice  of  district  school  meeting 642 

1251.  Tax-list  for  collection  of  moneys  raised  for  building  a  school-house 643 

1252.  Warrant  to  be  attached  to  tax-list 643 

41 


642  ABBOTTS'  FORMS. 


School  Laws. 


PAOK 

1253.  Eate-bills  for  sums  to  be  paid  by  the  inhabitants  for  instruction  or  for  fuel.  648 

1254.  Renewal  of  warrant 648 

1255.  Collectors'  notice  to  pay  taxes 644 

1256.  Return  of  the  collector 644 

1257.  Notice  of  levy  and  sale  by  the  collector 644 


1246.  Order  Altering  School  Districts. 

It  is  hereby  ordered  by  the  school  commissioner  of  the  Assembly 

District  of  the  county  of  [and  the  supervisor  and  town  clerk  of  the 

town  of  ],  that*  school  district  No.  in  said  town  be  enlarged  by 

adding  thereto  the  following  described  farms  and  dwellings  to  be  taken 
from  district  No.  in  said  town  [description]. 

[Date.]  [Signatures  and  titles.] 

1247.  Order  Erecting  a  New  District. 

[As  in  the  preceding  form  to  the  *,  and  continue :]  a  new  school  district 
to  be  called  district  N"o.  ,  be  erected  in  the  town  of  ,  said  district 

to  embrace  the  following  described  dwellings,  farms  and  territory  which 
are  taken  from  districts  Nos.  and  ;  said  territory  so  set  apart  for 

said  new  district  is  described  as  follows  [description]. 

[Date.]  [Signatures  and  titles.] 


1248.  Consent  of  Trustees  Indorsed  on  Order. 

"We  hereby  consent  to  the  within  alteration  of  school  districts. 
[Date.]  [Signatures  of]  Trustees. 

1249.  Notice  of  First  Meeting  in  a  New  School  District. 

Notice  is  hereby  given,  to  the  inhabitants,  qualified  to  vote  at  district 
school  meetings  of  the  district,  described  in  the  annexed  order,  that  the 
first  district  meeting  of  said  district  will  be  held  at  the  house  of  ,  in 

said  district,  on  the        day  of  >  18    ,  at  o'clock  in  the        noon, 

for  the  purpose  of  electing  district  school  oflBcers,  and  determining  upon  the 
site  for  the  school-house,  and  the  amount  of  tax  to  be  raised  to  build  the 
house,  and  any  other  business  necessary  to  be  done  at  said  meeting. 

[Date.]  [Signature  of]  School  Commissioner. 

1250.  Ordinary  Notice  of  District  School  Meeting. 

Notice  is  hereby  given,  that  a  special  [or,  an  annual,  or,  adjourned]  meet- 
ing of  the  freeholders  and  inhabitants  of  this  school  district,  authorized  by 
law  to  vote  therein,  will  be  held  at  ,  on  ,  at  o'clock  iu 

the         noon,  for  [the  election  of  officers]  and  other  necessary  business. 

[Date.]  [Signature  of  clerJcl 


SCHOOLS. 


643 


Collection  of  Taxes. 


1251.  Tax-list  for  Collection  of  Moneys  Raised  for  Building  a  School- 
House. 

List  of  taxes,  payable  by  the  following  persons,  taxable  inhabitants  of 
district  No.  ,  in  the  town  of  ,  made  by  the  trustees  of  said  dis- 

trict, on  the        day  of  ,  18    ,  in  conformity  to  law. 


TALITATION  OF  EEAL 
ESTATE. 


PEKSONAL 
ESTATE. 


AMOUNT  OF 
TAXES. 


[Here  insert  them,  and  add  signature  of  trustees.'] 


1252.   Wa/rrant  to  ie  Attached  to  Tax-list. 

To  the  collector  of  School  District  No.  ,  in  the  town  of  ,  in  the 

county  of  ,  greeting : 

In  the  name  of  the  People  of  the  State  of  New  York,  you  are  hereby 
commanded  and  required  to  collect,  from  each  of  the  inhabitants  of  said  dis- 
trict, in  the  annexed  tax-list  named,  the  sum  of  money  set  opposite  to  his 
name  in  said  list,  and  within  thirty  days  after  receiving  this  warrant,  to  pay 
the  amount  thereof  collected  by  you  (retaining  your  fees  for  collection),  into 
the  hands  of  the  trustees  of  said  district,  or  some  or  one  of  them,  and  take 
his  or  their  receipt  therefor ;  and  in  case  any  person  named  in  such  list 
shall  not  pay  the  sum  therein  set  opposite  to  his  name,  on  demand,  you  are 
hereby  commanded  to  levy  the  same  by  distress  and  sale  of  the  goods  and 
chattels  of  the  said  delinquent,  in  the  same  manner  as  on  warrants  issued 
by  the  board  of  supervisors  to  the  collectors  of  taxes. 

Given  under  our  hands  and  seals,  this        day  of  ,  18    . 

[Signatures,  titles  and  seals.] 


1253.  Rate-hills  for  Sums  to  be  Paid  hy  the  Inhabitants  for  Instruction  or 

for  Fuel. 

Eate-bill  of  the  persons  liable  for  teachers'  wages  {or,  fuel],  in  district 
No.  ,  in  the  town  of  ,  for  the  school-term  ending  the         day 

of  ,  18    . 


NAMES. 


NO.  OF  DAYS  SENT. 


AMOUNT  OF  SCHOOL  BILL  [OT,  BILL  FOB 
fuel],  INCLUDINO  OOLLECTOE'S  FEES. 


[Here  insert  them,  and  add  signatures.] 


1254.  Renewal  of  Warrant. 

The  undersigned,  trustees  of  school  district  No.        ,  in  the  town  of 
hereby  renew  the  within  [or,  foregoing]  warrant. 
[Date.^  [Signatures.] 


644  ABBOTTS'  FORMS. 


Collection  of  School  Taxes.  Seals. 


1265.  Colleetor'a  Notice  to  Pay  Taxes. 

The  undersigned  has  received  from  the  trustees  of  school  district  'So.  , 
town  of  ,  the  warrant  and  tax-list  to  collect  the'siuus  therein  specified 

from  the  persons  therein  named  as  liable  to  pay  the  same  in  said  district ; 
and  all  persons  who  pay  their  tax  to  me  within  two  weeks  from  this  date 
will  be  charged  but  one  per  cent,  fees,  and  five  per  cent,  will  be  collected 
from  all  persons  who  do  not  pay  their  taxes  until  after  the  expiration  of 
said  two  weeks. 

[Date].  .  [Signature  o/]  Collector. 

1256.  Return  of  the  Collector. 

T  hereby  certify  and  return,  that,  by  virtue  of  the  foregoing  warrant,  I 
have  collected  the  sum  of  dollars,  being  the  amount  of  the  several 

sums  thereon  marked  by  me  as  paid;  and  that  the  following  persons  have 
not  paid  the  sums  in  which  they  are  taxed,  nor  have  I  been  able  to  find  any 
property  of  them  upon  which  I  could  levy  [names.'] 

[Date.]  [Signature  of]  Collector. 

1257.  Notice  of  Leoy  and  Sale  hy  the  Collector. 

Bj  virtue  of  a  warrant  and  tax-list  issued  to  me  by  the  trustees  of  school 
district  No.  of  the  town  of  ,  I  have  levied  upon  and  taken  the 

following  described  goods  of  M.  N".,  which  I  shall  seU  at  public  auction  at 
the  house  of  in  said  town,  on  the        day  of  ,  18    ,  at 

o'clock  in  the        noon  [description  of  goods]. 

[Date.]  [Signature  of]  Collector. 


CHAPTEE  LXXXm. 

SEALS. 


According  to  the  more  strict  authorities,  a  seal  is  an  impression  upon  wax, 
wafer  or  some  other  tenacious  substance  aflSxed  to  the  paper  or  parchment  on 
which  an  instrument  is  written.  In  many  of  tlie  Southern  and  Western 
States,  as  well  as  in  Pennsylvania  and  New  Jersey,  this  kind  of  seal  has  been 
dispensed  with,  the  courts  holding  a  scroll  or  device,  made  by  the  pen  or 
printed,  to  be  a  sufficient  seal,  if  intended  as  such.  In  some  of  the  States,  the 
use  of  private  seals  has  been  wholly  dispensed  with  by  statute.  In  others,  as 
in  New  York,  the  statutes  authorize  corporate,  oflScial  and  judicial  seals  to  be 
made  by  an  impression  upon  the  paper  directly,  without  the  use  of  wax  or 
wafer. 

The  rules  which  prevail  in  the  several  States,  in  respect  to  private  seals,  are 


SEARCHES.  64:5 


General  Rules. 


for  greater  convenience,  stated,  in  the  chapter  of  Deeds,  where  the  law  will  be 
found,  in  the  alphabetic  order  of  the  names  of  the  States. 

The  effects  of  affixing  a  seal  upon  a  contract  are,  in  general — ^first,  that  it  im- 
ports or  implies  a  consideration  sufficient  in  itself  to  support  the  contract ;  and 
second,  that  lapse  of  time  will  not  bar  a  right  of  action  on  the  contract  until 
twenty  years  have  passed,  instead  of  barring  it  in  six  years  or  such  other 
briefer  period  as  the  law  may  prescribe  for  unsealed  contracts. 


CHAPTER  LXXXIV. 

SEARCHES. 


In  examining  the  title  to  real  property,  the  conveyancer  may  look  through 
the  records  himself,  or  may,  by  a  requisition  addressed  to  the  recording  officer, 
procure  him  to  search  for  and  certify  the  conveyances  and  encumbrances. 
The  requisition  and  certificate  is  termed  a  search.  In  drawing  it  or  filling  the 
blanks  (which  can  usually  be  procured  at  the  law  stationer's),  particular  regard 
should  be  had  to  the  time  during  which  the  person  searched  against  has  owned 
the  premises,  so  as  to  cover  fully  his  period  of  title  in  seeking  for  conveyances, 
etc.,  and  to  the  times  fixed  by  the  statutes  regulating  other  liens,  such  as 
judgments,  which  may  affect  the  property  though  recovered  against  him  before 
he  became  the  owner.  The  clerk  who  searches  for  judgments  will  return 
those  that  have  been  satisfied,  as  well  as  those  which  have  not ;  and  satisfied 
judgments  should  be  inquired  into,  for  they  may  have  been  satisfied  by  a 
sheriff's  sale  of  the  very  property  in  question. 

FAGB 

1258.  Search  for  deeds,  etc 645 

1259.  County  clerk's  search 646 

1260.  Search  for  judgments  in  United  States  courts 646 

1261.  Loan  commission  search 647 

1262.  Tax  search 647 


1258.  Search  for  Deeda^  etc. 

Aix  THAT  CEETAiN  [etc.,  inserting  a  full  description  of  the  land ;  and,  if 
a  city  lot,  it  will  be  convenient  to  give  a  diagram  of  the  hlocTc,  showing  the 
position  of  the  lot}. 

The  ekgistee  of  the  city  and  county  of  New  York  will  please  search  for 
mortgages,  conveyances,  leases  and  all  other  encumbrances  of  record  in  his 
olEce,  of,  upon  or  affecting  the  premises  above  described,  or  any  part  there- 
of, by  the  persons  whose  names  are  hereto  subjoined,  and  for  the  periods 
set  opposite  their  respective  names,  and  certify  the  result  below,  for 

[Date.']  [Signature  of  conveyancer.]  ' 


6^6  ABBOTTS'  FORMS. 


Searches. 


For  transcripts  of 


[Here  insert  names  and  dates — e.  g.^  thusl : 
Against  A.  B.,  from  the        day  of         ,18    ,  to  the        day  of         .18     . 
"     0.  D.,  from  the        day  of         ,  18    ,  to  date  of  your  return. 
[The  officer  will  add  his  return,  thus ;] 
A.  B.  and  wife  to  0.  D.    Deed  dated  the        day  of  >  18    ,  and  re- 

corded the        day  of  ,  in  Lib.        of  Deeds,  p. 

Nothing  else  found. 
[Date.}  [Signature  of  officer^ 

1259.   County  Cleric's  Search. 

The  clerk  of  the  city  and  county  of  New  York  will  please  search  his  oflBoa 
for  judgments  and  decrees,  and  also 

'  Decrees  in  chancery  or  equity. 
Judgments  from  the  late  and  present  Supreme  Court. 
Judgments  from  the  Superior  Court. 
Judgments  from  the  Court  of  Common  Pleas. 
Judgments  from  other  courts. 

Also  transcripts  from  the  marine  and  justice's  courts  against  the  following : 

[Here  insert  names  and  periods.'] 
Also  for  surrogate's  decrees,  and  forfeited  recognizances,  against  the  same 

persons  for  the  same  periods. 
Also,  for  mechanic's  liens  affecting  property  side  of  street,  near 

,  since  ,  against  A.  B. 

Also,  for  unsafe  building-notices  affecting  same  property  since  the  passage 

of  the  act,  against  A.  B. 
Also,  for  bonds  of  collectors,  and  their  sureties,  from  April,  1838,  to  April, 

1844,  against  A.  B. 
Also,  for  notices  of  lispendens. 

"      certificate  of  sheriff's  and  marshal's  sales. 

"      insolvent  assignment. 

"      general  assignment. 

"      foreclosures  by  advertisement. 

"      appointment  of  receivers,  and  of  trustees  of  absent  debtors. 
Against  the  persons  following,  for  the  following  periods  respectively  [namet 

and  periods].  [Signature  of  conveyancer.] 


1260.  Search  for  Judgments  in  United  States  Courts. 
To  the  clerk  of  the  Circuit  [or.  District]  Court : 

Please  search  for  judgments  in  the  Circuit  [or,  District]  Court  of  the 
United  States  for  the  district  of  New  York,  against  the  persons  whose 
names  are  hereto  subjoined,  and  for  the  periods  set  opposite  their  respec- 
tive names,  and  certify  the  result  below,  for 

[Date.]  [Signature  of  conveyancer.] 

[Add  names  and  periods.] 


SERVICE  (AND  Pboof  cf).  647 

Searches.  Certificate  of  Service. 

1261.  Loan  Commission  Search. 

The  commissioners  for  loaning  moneys  of  the  United  States  in  the  county 
of  will  please  search  in  their  office  for  mortgages  upon  premises  [here 

iriejiy  designate  them],  made  by  [names], 

[hate.]  [Signature  of  conveyancer.] 


1262.  Tax  Search. 
To  M.  K : 

Please  search  for  taxes,  assessments,  water-rents,  and  sales  for  the  same 
or  either  of  them,  of,  upon  or  affecting  the  premises  laid  down  on  the  fol- 
lowing diagram,  or  any  part  thereof,  and  certify  the  result  below,  for 

[Date.]  [Signature  of  conveyancer.] 

[Diagram  showing  location  and  dimensions  of  premises.] 


CHAPTER  LXXXy. 

SERVICE  (AND  PROOF  OF).         , 

Where  the  law  requires  written  notice  to  be  given  to  a  i)erson,  it  usually  is 
to  be  understood  to  intend  a  delivery  of  the  notice  to  him  personally.  This  is 
termed  personal  service,  in  contradistinction  to  service  by  leaving  the  notice  at 
the  person's  residence  in  the  hands  of  another,  or  by  mailing  or  by  publication. 
Personal  service  is  in  general  to  be  required,  if  the  object  of  the  notice  is 
to  subject  the  party  to  the  jurisdiction  of  a  court  or  magistrate,  or  if  he  is  to  be 
punished  for  not  regarding  the  notice,  or  if  it  is  a  condition  precedent  to  some 
act  on  the  part  of  others  prejudicial  to  the  party  to  be  not&ed.(a)  Where  a 
statute  gi^■ing  a  special  or  summary  mode  of  proceeding  specifies  the  manner 
of  service,  its  directions  should  be  strictly  complied  with.  Forms  of  proof  In 
such  instances  will  be  seen  in  the  chapter  on  Fobeclosuke  and  Insolvency. 

PAOK 

1263.  Sherifr»  certificate  of  service 647 

1264.  Affidavit  of  personal  service 648 


1263.  Sheriff's  Certificate  of  Service. 

[If  in  an  action,  insert  here  its  title.] 
County  of 

I  HEREBY  certify  that  on  the  day  of  ,  1 8    ,  at  ,1 

served  on  Y.  Z.  [one  of  the  defendants  above  named]  the  summons  in  this 
action  [or,  the  annexed  notice],  by  delivering  a  copy  thereof  to  him  per- 
sonally, and  leaving  the  same  with  him.  [Signature  of]  Sheriff. 

[Date.] 

(a)  See  the  chapter  on  notices. 


648  ABBOTTS'  FORMS. 


Affidavit  of  Service.  Shipping  Articles. 


1264.  Affidavit  of  PeraoTMl  Service. 

[If  in  an  action^  insert  here  its  titled 
County  of 

M.  N.,  being  duly  sworn,  says  that  he  is  [a  derk  in  the  office  of  plain- 
tiffs attorney  herein] ;  and  that  on  the  day  of  ,  18  ,  he  served 
on  Y.  Z.  [one  of  the  defendants  above  named]  at  [his  place  of  business] 
No.  ,  street,  in  the  city  of  New  York,  the  within  summons 
[or,  notice],  by  delivering  a  copy  thereof  to  him  personally,  and  leaving  the 
same  with  him  [or,  by  tendering  a  copy  thereof  to  him  personally,  and  on 
his  refusal  to  receive  the  same,  deponent  laid  them  down  upon  his  desk, 
saying  to  him :  "  I  hereby  deliver  these  to  you."]  Deponent  further  says 
that  he  knows  tlie  person  so  served  to  be  the  person  mentioned  and  de- 
scribed in  the  summons  as  defendant  therein  [or,  the  person  to  whom  said 
notice  is  addressed].  [Signature.'] 

SwoKN  [etc.,  as  in  Form  1115]. 


CHAPTER  LXXXVI. 

SHIPPING  ARTICLES. 


The  Statutes  of  the  United  States(a)  provide  that  every  master  or  com- 
mander of  any  ship  or  vessel  bound  from  a  port  in  the  United  States  to  any 
foreign  port,  or  of  any  ship  or  vessel  of  the  burden  of  fifty  tons  or  upwards, 
bound  from  a  port  in  one  State  to  a  port  in  any  other  than  an  adjoining  State, 
shall,  before  he  proceed  on  such  voyage,  make  an  agreement  in  writing  or  in 
print,  with  every  seaman  or  mariner  on  board  such  ship  or  vessel  (except  such 
as  shall  be  apprentice  or  servant  to  himself  or  owners),  declaring  the  voyage 
or  voyages,  term  or  terms  of  time,  for  which  such  seaman  or  mariner  shall  be 
shipped. 

Carrying  out  a  seaman  without  his  first  signing  such  articles  subjects  the 
master  to  a  penalty,  and  entitles  the  seaman,  for  his  service,  to  the  highest 
wages  given  at  the  port,  within  three  months  preceding  the  time  of  shipment. 

At  the  foot  of  every  such  contract  there  must  be  a  memorandum  in  writing 
of  the  day  and  hour  on  which  the  seaman  or  mariner,  who  shall  so  ship  and 
subscribe,  shall  render  themselves  on  board,  to  begin  the  voyage  agreed  upon. 

Nothing  repugnant  to  the  foregoing  requirements  can  be  inserted  ;  but  addi- 
tional provisions  not  inconsistent  with  them  may  be  inserted.(6)  The  courts, 
however,  are  careful,  in  protection  of  seamen,  to  inquire  into  harsh  or  unusual 
stipulations,  and  they  will  not  enforce,  against  seamen,  stipulations  which 
operate  to  their  disadvantage,  and  are  inserted  in  the  articles  in  addition  to 
the  stipulations  recognized  by  this  act,  unless  it  appear,  from  evidence  outside 
the  articles,  that  the  seamen  fully  understood  the  stipulations  and  received  an 
adequate  consideration  therefor.(c) 

(o)  1  U.  S.  Stat,  at  Z.,  131.  (c)  Brown  v.  Lull,  2  Summ.,  444 ;  Har- 

{b)  Webb  V.  Duckingfield,  18  Johns,,  den  t>.  Gordon,  2  Mas.,  541 ;  The  Sarah 
890.  Jane,  1  Blatchf.  &  H.,  401. 


SHIPPING  AKTIOLES.  649 

General  Form. 

1265.  Form  of  Shipping  Articles. 

United  States  of  America. 

It  is  agreed  between  the  master  and  seamen,  or  mariners,  of  the  [name 
of  vessel],  of  ,  whereof  A.  B.  is  at  present  master,  or  whoever  shall  go 

for  master,  now  bound  from  the  port  of  [naming  shipping  port],  to  [here 
designate  the  voyage  (lefinitely].{d) 

That,  in  consideration  of  the  monthly  or  other  wages  against  each 
respective  seaman  or  mariner's  name  hereunder  set,  they  severally  shall  and 
will  perform  the  above-mentioned  voyage :  And  the  said  master  doth 
hereby  agree  with  and  hire  the  said  seamen  or  mariners  for  the  said 
voyages,  at  such  monthly  wages  or  prices,  to  be  paid  pursuant  to  this  agree- 
ment, and  the  laws  of  the  Congress  of  the  United  States  of  America ;  and 
they,  the  said  seamen  or  mariners,  do  severally  hereby  promise  and  oblige 
themselves  to  do  their  duty,  and  obey  the  lawful  commands  of  their  officers 
on  board  the  said  vessel,  or  the  boats  thereunto  belonging,  as  become  good 
and  faithful  seamen  or  mariners ;  and  at  all  places  where  the  said  vessel 
shall  put  in,  or  anchor  at  during  the  said  voyage,  to  do  their  best  endeavors 
for  the  preservation  of  the  said  vessel  and  cargo,  and  not  to  neglect  or 
refuse  doing  their  duty  by  day  or  night,  nor  shall  go  out  of  the  said  vessel 
on  board  any  other  vessel,  or  be  on  shore,  under  any  pretence  whatsoever, 
until  the  above  said  voyage  be  ended,  and  the  said  vessel  be  discharged  of 
her  loading,  without  leave  first  obtained  of  the  captain  or  commanding 
officer  on  board ;  that  in  default  thereof,  he  or  they  wiU  be  liable  to  all  the 
penalties  and  forfeitures  mentioned  in  the  marine  law,  enacted  for  the 
government  and  regulation  of  seamen  in  the  merchants'  service,  in  which 
it  is  enacted,  "That  if  any  seaman  or  mariner  shall  absent  himself  from  on 
board  the  ship  or  vessel,  without  leave  of  the  master  or  officer  commanding 
on  board ;  and  the  mate,  or  other  officer  having  charge  of  the  log-book, 
shall  make  an  entry  therein  of  the  name  of  such  seaman  or  mariner,  on  the 
day  on  which  he  shall  so  absent  himself;  and  if  such  seaman  or  mariner 
shall  return  to  his  duty  within  forty-eight  hours,  such  seaman  or  mariner 
shall  forfeit  three  days'  pay  for  every  day  which  he  shall  so  absent  himself, 
to  be  deducted  out  of  his  wages;  but  if  any  seaman  or  mariner  shall  absent 
himself  for  more  than  forty-eight  hours  at  one  time,  he  shall  forfeit  all 
wages  due  to  him,  and  all  his  goods  and  chattels  which  were  on  board  the 
said  ship  or  vessel,  or  in  any  store  where  they  may  have  been  lodged  at  the 
time  of  his  desertion,  to  the  use  of  the  owner  or  owners  of  the  said  ship  or 
vessel,  and  moreover  shall  be  liable  to  pay  him  or  them  all  damages  which 
he  or  they  may  sustain  by  being  obliged  to  hire  other  seamen  or  mariners 
in  his  or  their  place."    And  it  is  further  agreed,  that  in  case  of  desertion, 

(d)  Not  only  the  termini  of  the  voyage  Europe,"  since  it  leaves   the   master  at 

must  be  stated,  but  it  must  be  go  stated  liberty  to  make  such  voyages  thither  as 

as  to  render  the  voyage  or  voyages  definite  he  pleases,  leaves  the  seaman  at  liberty 

and  certain.     A  clause  providing  that  the  to  abandon  the  service.     Snow  v,  Wope, 

voyage  between  two  ports  may  be  either  2  Curt.  G,  Gt.,  801. 
*'  direct  or  via  ports  iu  the  East  Indies  or 


650  ABBOTTS'  FORMS. 


Sliippiug  Articles. 


death  or  imprisonment,  the  wages  are  to  cease.  And  it  is  fcbther  agreed 
by  both  parties,  that  each  and  every  lawful  command  which  the  said  master 
or  other  officer  shall  think  necessary  hereafter  to  issue  for  the  effectual 
government  of  the  said  vessel,  suppressing  immorality  and  vice  of  all  kinds, 
shall  be  strictly  complied  with,  under  the  penalty  of  the  person  or  persons 
disobeying,  forfeiting  his  or  their  whole  wages  or  hire,  together  with  every 
thing  belonging  to  him  or  them  on  board  the  said  vessel.  And  it  13 
FUBTHER  agreed  ON,  that  no  officer  or  seaman  belonging  to  the  said  vessel 
shall  demand  or  be  entitled  to  his  wages,  or  any  part  thereof,  until  the 
arrival  of  said  vessel  at  the  said  vessel's  final  port  of  discharge,  and  her 
cargo  delivered.  And  it  is  hereby  further  agreed,  between  the  master, 
officers  and  seamen  of  the  said  vessel,  that  whatever  apparel,  furniture  and 
stores  each  of  them  may  receive  into  their  charge,  belonging  to  the  said 
vessel,  shall  be  accounted  for  on  her  return ;  and  in  case  any  thing  shall  be 
lost  or  damaged  through  their  carelessness  or  inefficiency,  it  shall  be  made 
good  by  such  officer  or  seaman,  by  whose  means  it  may  happen,  to  the 
master  and  owners  of  the  said  vessel. 

And  it  is  hereby  expressly  agreed,  that  should  the  said  ship  on  the  said 
voyage  be  seized,  detained  or  fined,  for  smuggling  tobacco,  or  any  other 
article,  by  one  or  more  of  the  undersigned  sailors,  cooks  or  stewards,  they 
shall  all  be  responsible  for  the  damages  thence  resulting,  and  shall  severally 
forfeit  their  wages,  and  all  their  goods  and  chattels  on  board  to  the  amount 
of  such  damage,  and  that  the  certificate  of  the  person  or  persons  who  may 
seize,  detain  or  fine  the  said  ship  for  smuggling,  signed  by  him  or  them,  and 
verified  by  the  American  Consul  at  under  his  seal  of  office,  shall  be 

conclusive  evidence  of  the  facts  therein  stated,  in  all  courts  whatsoever, 
and  especially  as  to  the  fact  that  smuggling  had  been  committed,  the  in- 
dividual or  mdividuals  by  whom  the  same  had  been  committed,  the  amount 
of  the  fine  imposed  therefor  upon  the  said  ship,  the  incidental  expenses 
thereon,  and  the  number  of  days  the  said  ship  was  detained  in  consequence 
thereof.  No  grog  allowed,  and  none  to  be  put  on  board  by  the  crew;  and 
no  profane  language  allowed,  nor  any  sheath-knives  permitted  to  be  brought 
or  used  on  board. 

And  whereas,  it  is  customary  for  the  officers  and  seamen  while  the  ves- 
sel is  in  port,  or  while  the  cargo  is  delivering,  to  go  on  shore  at  night  to 
sleep,  greatly  to  the  prejudice  of  such  vessel  and  freighters,  be  it  FtiBTHEB 
agreed  by  the  said  parties,  that  neither  officer  nor  seaman  shall,  on  any  pre- 
tence whatever,  be  entitled  to  such  indulgence,  but  shall  do  their  duty  by 
day  in  discharge  of  the  cargo,  and  keep  such  watch  by  night  as  the  master 
shall  think  necessary  to  order  relative  to  said  vessel  or  cargo ;  and  whereas, 
it  frequently  happens  that  the  owner  or  captain  incurs  expenses  while  in 
a  foreign  port,  relative  to  the  imprisonment  of  one  or  more  of  his  officers 
or  crew,  or  in  the  attendance  of  nurses,  or  in  the  payment  of  board  on  shore, 
for  the  benefit  of  such  person  or  persons:  Now  it  is  understood  and 
agreed  by  the  parties  hereunto,  that  all  such  expenditures  as  may  be  in- 
curred by  reason  of  the  foregoing  premises,  shall  be  charged  to,  and  de- 
ducted out  of  the  wages  of  any  officer  or  such  one  of  the  crew  by  whose 
means  or  for  whose  benefit  the  same  shall  have  been  paid.    And  whebeas, 


STAMPS.  661 

Shipping  Articles. 


it  often  happens  that  part  of  the  cargo  is  embezzled  after  being  safely 
delivered  into  lighters,  and  as  such  losses  are  made  good  by  the  owners 
of  the  vessel,  be  it  xnEEEFOEE  agreed  by  these  peesents,  that  what- 
ever officer  or  seaman  the  master  shall  think  proper  to  appoint, 
shall  take  charge  of  her  cargo  in  the  lighters,  and  go  with  it  to  the 
lawful  quay,  and  there  deliver  his  charge  to  the  vessel's  husband,  or  his 
representative,  to  see  the  same  safely  landed :  That  each  seaman  or  mariner 
who  shall  well  and  truly  perform  the  above-mentioned  voyage  (provided 
always  that  there  be  no  desertion,  plunderage,  embezzlement  or  other  un- 
lawful acts  committed  on  the  said  vessel's  cargo  or  stores),  shall  be  entitled 
to  the  payment  of  the  wages  or  hire  that  may  become  due  to  him  pursuant 
to  this  agreement,  as  to  their  names  is  severally  aflSxed  and  set  forth: 
Provided  nevertheless,  that  if  any  of  the  said  crew  disobey  the  orders  of  the 
said  master  or  other  officer  of  the  said  vessel,  or  absent  himself  at  any  time 
without  liberty,  his  wages  due  at  the  time  of  such  disobedience  or  absence 
shall  be  forfeited ;  and  in  case  such  person  or  persons  so  forfeiting  wages 
shall  be  reinstated  or  permitted  to  do  further  duty,  it  shall  not  do  away 
such  forfeiture.  It  being  understood  and  agreed,  by  the  said  parties, 
that  parol  proof  of  the  misconduct,  absence  or  desertion  of  any  officer  or 
any  of  the  crew  of  said  vessel,  may  be  given  in  evidence  at  any  trial  between 
the  parties  to  this  contract,  any  act,  law  or  usage  to  the  contrary  thereof 
notwithstanding.  In  testimony  whereof,  and  for  the  due  performance  of 
each  and  every  of  the  above-mentioned  articles  and  agreements,  and  ac- 
knowledgment of  their  being  voluntarily,  and  without  compulsion  or  any 
other  clandestine  means  being  used,  agreed  to  and  signed  by  us,  we  have 
each  and  every  of  us  hereunto  affixed  our  hands,  the  month  and  day  against 
our  names  as  hereunder  written.  And  it  is  hereby  understood  and 
MUTUALLY  AGREED,  by  and  between  the  parties  aforesaid,  that  they  will 
render  themselves  on  board  the  said  vessel,  on  or  before  [Saturday]  the 
day  of  ,  18    ,  at  o'clock  in  the  noon.     [^Here  set  down  in 

columns  the  date  of  entry  ;  signature  iy  the  seamen  ;{e)  stations  ;  birthplace; 
age;  height  in  feet  and  inches  ;  wages  per  month  ;  advance  wages  ;  advance 
abroad;  hospital  money  ;  time  of  service  in  months  and  days;  whole  wages; 
wages  due;  sureties;  and  witnesses  of  the  signing  of  each,] 


CHAPTER  LXXXVn. 

STAMPS. 


It  is  the  duty  of  the  maker  of  an  instrument,  upon  which  a  stamp  is  re- 
quired by  the  internal  revenue  law,  to  affix  and  cancel  the  stamp.  If  he  neg- 
lects to  do  so,  the  party  for  whose  use  it  is  made  may  stamp  it  before  it  is  used  ; 
but  in  no  case  can  it  be  legally  used  without  a  stamp.  Any  failure  upon  the 
part  of  the  maker  of  an  instrument  to  appropriately  stamp  it,  subjects  him  to  a 

(«)  Signature  by  the  master  is  not  essential.    Baker  v.  Towner,  3  K  D.  Smith,  182. 


652  ABBOTTS'  FORMS. 


Stamps. 


penalty  of  fifty  dollars.  The  proper  method  of  cancelling  is  by  writing  or 
stamping  upon  the  face  of  the  stamp  the  initials  of  the  party,  and  date  upon 
which  the  stamp  was  attached  or  used. 

When  two  or  more  persons  join  in  the  execution  of  a  single  instrument,  the 
stamp  which  it  requires  may  be  aflElxed  and  cancelled  by  any  one  of  the 
parties. 

Recording  officers  and  officers  certifying  copies  of  stamped  instruments 
should  note  upon  the  copy  that  the  original  had  a  stamp,  stating  its  amount, 
and  that  it  was  cancelled. 

The  various  classes  of  instruments  which  require  stamps,  and  their  respec- 
tive rates  are  prescribed  by  a  part  of  the  internal  revenue  law,  which  is  known 
as  Schedule  B. 

Repeal  of  the  Stamp  Tax. 

By  section  36  of  the  Act  of  Congress,  approved  June  6,  1872,  it  is  enacted  as 
follows . 

Sec.  36.  "  That  on  and  after  Ist  October,  1872,  all  the  taxes  imposed  by 
stamps  under  and  by  virtue  of  schedule  'B,*  of  section  170  of  the  Act  approved 
June  30,  1864,  and  the  several  Acts  amendatory  thereof,  be,  and  the  same  are 
hereby  repealed,  excepting  only  the  tax  of  two  cents  on  bank  checks,  drafts  or 
orders :  provided.  That  where  any  mortgage  has  been  executed  and  recorded,  or 
may  be  executed  and  recorded  before  the  first  day  of  October,  1872,  to  secure 
the  payment  of  bonds  or  obligations  that  may  be  made  and  issued  from  time  to 
time,  and  such  mortgage  not  being  stamped,  all  such  bonds  or  obligations  so 
made  and  issued  on  or  after  the  said  1st  October,  1872,  shall  not  be  subject  to  any 
stamp  duty,  but  only  such  of  their  bonds  or  obligations  as  may  have  been  made 
and  issued  before  the  day  last  aforesaid;  and  pr'^vided  further,  That  in  the 
meantime  the  holder  of  any  instrument  ot  writing,  of  whatever  kind  and  descrip- 
tion, which  has  been  made  or  issued  without  being  duly  stamped,  or  with  a 
defunct  (deficient)  stamp,  may  make  application  to  any  Collector  of  Internal 
Revenue,  and  that  upon  such  application  such  Collector  shall  thereupon  affix  the 
stamp  provided  by  such  holder  upon  such  instrument  of  writing,  as  required  by 
law  to  be  put  upon  the  same,  and  subject  to  the  provisions  of  sectioa  158  of  the 
Internal  Revenue  Laws." 

The  list  of  rates  below  given  is  retained  in  this  edition  because  for  a  time  it 
has  an  importance  in  reference  to  previously  executed  instruments. 

1266.  Stamp  Duties. 
Aehnowledgment  of  deeds,  or  other  instruments,  made  before  a 

justice,  notary  or  other  qualified  officer Exempt. 

Affidavit.    See  note  (c)  below $0.05 

Agreement  or  contract,  other  than  those  specified  in  this  schedule ; 
any  appraisement  of  value  or  damage,  or  for  any  other  pur- 
pose ;  for  every  sheet  or  piece  of  paper  upon  which  either  of 

the  same  shall  be  written 0.05 

Provided,  that  if  more  than  one  appraisement,  agreement  or 
contract  shall  be  written  upon  one  sheet  or  piece  of  paper, 
five  cents  for  each  and  every  additional  appraisement,  agree- 
ment or  contract. 
Any  renewal  of  agreement,  contract  or  charter,  the  same  as 
required  on  the  original. 


STAMPS.  653 

Appraisements.  Bills. 

Appraisement.    See  Agreement. 

Assignment  or  transfer  of  lease,  mortgage  or  policy  of  insurance. 

See  Lease,  Mortgage,  Insurance,  below. 
Assignment^  patent  right 0,05 

Banh  checTc^  draft  or  order  for  the  payment  of  any  sum  of  money 
whatsoever,  drawn  upon  any  bank,  banker  or  trust  company, 
or  for  any  sum  exceeding  $10  drawn  upon  any  other  person 
or  persons,  companies  or  corporations,  at  sight  or  on  de- 
mand           0.02 

Bill  of  exchange  (inland),  draft  or  order  for  the  payment  of  any 
sum  of  money,  not  exceeding  one  hundred  dollars,  otherwise 
than  at  sight  or  on  demand,  or  any  promissory  note  (except 
bank-notes  issued  for  circulation,  and  checks  made  and  in- 
tended to  be  forthwith  presented,  and  which  shall  be  presented 
to  a  bank  or  banker  for  payment),  or  any  memorandum,  check, 
receipt  or  other  written  or  printed  evidence  of  an  amount  of 
money  to  be  paid  on  demand  or  at  a  time  designated,  for  a 

sum  not  exceeding  one  hundred  doUars 0.05 

And  for  every  additional  hundred  dollars,  or  fractiomal  part 

thereof  in  excess  of  one  hundred  dollars 0.05 

(A  renewal  of  a  promissory  note  or  other  contract  subjects  it  to 
the  same  amount  of  stamp  duty  as  an  original  note.) 

Bill  of  exchange  (foreign),  or  letter  of  credit  drawn  in,  but  payable 
out  of,  the  United  States,  if  drawn  singly,  or  otherwise  than 
in  a  set  of  three  or  more,  according  to  the  custom  of  merchants 
or  bankers,  shall  pay  the  same  rates  of  duty  as  inland  bills  of 
exchange  or  promissory  notes.  If  drawn  in  sets  of  three  or 
more :  for  every  bill  of  each  set  where  the  sum  made  payable 
shall  not  exceed  one  hundred  dollars,  or  the  equivalent  thereof 
in  any  foreign  currency  in  which  such  bills  may  be  expressed, 
according  to  the  standard  of  value  fixed  by  the  United  States.  0.02 
And  for  every  additional  hundred  dollars,  or  fractional  part 
thereof  in  excess  of  one  hundred  dollars 0.02 

Bill  of  exchange  (foreign),  or  letters  of  credit,  drawn  out  of,  but 
payable  in  the  United  States,  same  duty  as  bill  of  exchange 
(inland). 

Bill  of  lading,  or  receipt  (other  than  charter  party)  for  any  goods, 
merchandise  or  effects,  to  be  exported  from  a  port  or  place  in 
the  United  States  to  any  foreign  port  or  place  (except  of  British 
North  America) 0.10 

Bill  of  sale,  by  which  any  ship  or  vessel,  or  any  part  thereof,  shall 
be  conveyed  to  or  vested  in  any  other  person  or  persons, 

when  the  consideration  shall  not  exceed  $500 0.50 

Exceeding  $500  and  not  exceeding  $1,000 1.00 

Exceeding  $1,000,  for  every  additional  amount  of  $500,  or  frac- 
tional part  tl.ereof 0.50 


654  ABBOTTS'  FORMS. 


Bills.  Certificatea, 

Bill  of  sale  of  personal  property  other  than  ship  or  vessel.     (See 

Agreement.) 0.05 

Bond. — For  indemnifying  any  person  for  the  payment  of  any  sum 
of  money,  where  the  money  ultimately  recoverable  thereupon 

is  one  thousand  dollars  or  less 0.50 

Where  the  money  ultimately  recoverable  thereupon  exceeds  one 
thousand  dollars,  for  every  additional  one  thousand  dollars,  or 
fractional  part  thereof  in  excess  of  one  thousand  dollars 0.50 

Bond. — For  the  due  execution  or  performance  of  the  duties  of  any 

office 1.00 

Bonds. — County,  city  and  town  bonds,  railroad  and  other  corpora- 
tion bonds,  and  scrip,  are  subject  to  stamp  duty.  (See  Mort- 
gage.) 

Bond  of  any  description,  other  than  such  as  may  be  required  in 
legal  proceedings,  or  used  in  connection  with  mortgage  deed 
and  not  otherwise  charged  in  this  schedule.(a) 0.25 

Certificates  of  loan,  in  which  there  shall  appear  any  written  or 
printed  evidence  of  an  amount  of  money  to  be  paid  on  demand, 
or  at  a  time  designated,  are  subject  to  stamp  duty  as  bills  of 
exchange  inland. 

Certificate  of  stock  in  any  incorporated  company 0.25 

Certificate  of  profits.^  or  any  certificate  or  memorandum  showing 
an  interest  in  the  property  or  accumulations  of  any  incorpo- 
rated company,  if  for  a  sum  not  less  than  $10  and  not  exceed- 
ing $50  0.10 

Exceeding  $50  and  not  exceeding  $1,000 0.25 

Exceeding  $1,000,  for  every  additional  $1,000,  or  fractional 
part  thereof 0.25 

Certificate. — Any  certificate  of  damage  or  otherwise,  and  all  other 
certificates  or  documents  issued  by  any  port  warden,  marine 
surveyor,  or  other  person  acting  as  such 0.25 

Certificate  of  deposit  of  any  sum  of  money  in  any  bank  or  trust 
company,  or  with  any  banker  or  person  acting  as  such — 

If  for  a  sum  not  exceeding  $100 0.02 

For  a  sum  exceeding  $100 0.05 

Certificate  of  qualification  of  a  justice  of  the  peace,  commissioner 
of  deeds  or  notary  public ;  or  of  school  teachers  (when  re- 
quired by  State  law),  each 0.05 

Certificate  of  the  record  of  a  deed  or  other  instrument  in  writing, 
or  the  acknowledgment  or  proof  thereof  by  attesting  witnesses, 
either  on  the  instrument  itself,  or  upon  the  book Exempt. 

Certificate  of  search  of  records ;  that  certain  papers  are  on  file  ; 


(a)  Where  a  bond  requires  no  stamp  witnesses,  that  it  was  executed  in  connec- 

■  oy  reason  of  its  being  given  with  a  mort-  tion  witli  a  mortgage-deed,  and  that  the 

gage  duly  stamped,  it  is  well  to  note  at  proper  stamp  was  affixed  to  the  mortgage. 
,he  end,  and  before  the  signatures  of  the 


STAMPS.  655 

Certificates.  Conveyances. 

that  certain  papers  cannot  be  found ;  of  the  sale  of  land  for 
taxes ;  of  redemption  of  land  sold  for  taxes ;  of  birth,  marriage 

and  death  (when  required  by  State  law),  each $0.05 

Certified  transcripts  of  judgment,  satisfaction  of  judgment,  and 

of  all  papers  recorded,  and  of  papers  on  file,  each 0.05 

Certificate  of  any  other  description  than  those  specified  which 

may  have  any  value  in  any  court  of  law  or  equity 0.05 

Charter  Parti/. — Contract  or  agreement  for  the  charter  of  any 
ship  or  vessel,  or  steamer,  or  any  letter,  memorandum  or  other 
writing,  between  the  captain,  master  or  owner,  or  person  acting 
as  agent  of  any  ship  or  vessel,  or  steamer,  and  any  other  person 
or  persons,  for  or  relating  to  the  charter  of  such  ship  or  vessel, 
or  steamer,  or  any  renewal  or  transfer  thereof,  if  the  regis- 
tered tonnage  of  such  ship  or  vessel,  or  steamer,  does  not  ex- 
ceed one  hundred  and  fifty  tons 1.00 

Exceeding  one  hundred  and  fifty  tons  and  not  exceeding  threS 

hundred  tons 3.00 

Exceeding  three  hundred  tons  and  not  exceeding  six  hundred 

tons 5.00 

Exceeding  six  hundred  tons 10.00 

Confession  of  judgment  (see  "  legal  documents"),  for  less  than  $100         0.05 
Contract. — Broker's  note,  or  memorandum  of  sale  of  any  goods  or 
merchandise,  stocks,  bonds,  exchange,  notes  of  hand,  real  es- 
tate or  property  of  any  kind  or  description  issued  by  brokers 
or  persons  acting  as  such,  for  each  note  or  memorandum  of 

sale 0.10 

Conveyance.(b) — Deed,  instrument  or  writing,  whereby  any  lands, 
tenements  or  other  realty  sold  shall  be  granted,  assigned, 
transferred  or  otherwise  conveyed  to,  or  vested  in,  the  pur- 
chaser or  purchasers,  or  any  other  person  or  persons  by  his, 
her  or  their  direction,  when  the  consideration  or  value  does 
not  exceed  $500 0.50 

When  the   consideration  exceeds  $500  and  does  not  exceed 
$1,000 1.00 

And  for  every  additional  $500,  or  fractional  part  thereof,  in  ex-        , 
cess  of  $1,000 0.50 

Certificate  of  acknowledgment  of  deed,  no  duty. 

Conveyance  or  deed,  made  in  a  foreign  country  to  be  used  in  the 
United  States,  same  duty  as  if  made  in  the  United  States. 

In  all  cases  of  "conveyance"  of  real  estata  (and  when  the  con- 

(b)  "Where  there  is  a  sale  of  land  en-  the  grantee  assumes  to  pay  the  mortgage 

cumbered  by  a  mortgage,  without  a  cov-  debt,  or  takes  the  land  subject  to  it,  that 

enant  by  the  grantee,  express  or  implied,  debt  is  properly  estimated  as  a  part  of  the 

to  pay   the    mortgage   debt,   the    stamp  consideration,  and  the  stamp  will  be  such 

must  be  appropriate  to  the  consideration  as  is  appropriate  to  the  whole  value  of 

of  the  grant,  of  which  consideration  the  the  lana. 
mortgage  will  not  form  a  part.    Where 


656  ABBOTTS'  FORMS. 


Entries.  Leases. 

sideration  is  nominal)  the  stamps  used  must  answer  to  the 
value  of  the  estate  conveyed. 

Entry  of  any  goods,  wares  or  merchandise  at  any  custom-house, 
either  for  consumption  or  warehousing,  not  exceeding  $100 

in  value $0.25 

Exceeding  $100  and  not  exceeding  $500  in  value 0.50 

Exceeding  $500  in  value 1.00 

Entry  for  the  withdrawal  of  any  goods  or  merchandise  from 

honded  warehouse 0.50 

Chiager^s  returns^  if  for  a  quantity  not  exceeding  500  gallons  gross         0.10 
Exceeding  500  gallons  gross 0.25' 

Insurance  (life). — Policy  of  insurance,  or  other  instrument  by 
whatever  name  the  same  shall  he  called,  whereby  any  in- 
surance shall  be  made  upon  any  life  or  lives — 

When  the  amount  insured  shall  not  exceed  $1,000 0.25 

Exceeding  $1,000  and  not  exceeding  $5,000  in  value 0.50 

Exceeding  $5,000 1.00 

Insurance  (marine,  inlant),  and  fibe). — Each  policy  of  insurance 
or  other  instrument,  by  whatever  name^  the  same  shall  be 
called,  by  which  insurance  shall  be  made  or  renewed  upon 
property  of  any  description,  whether  against  perils  by  the  sea 
or  by  fire,  or  other  peril  of  any  kind,  made  by  any  insurance 
company,  or  its  agents,  or  by  any  other  company  or  person, 

the  premium  upon  which  does  not  exceed  $10 0.10 

Where  the  premium  exceeds  $10  and  does  not  exceed  $50 0.25 

Exceeding  $50 0.50 

Assignment  or  transfer  of  any  policy  of  insurance  must  have 
afSxed  the  same  amount  of  stamp  as  the  original  document. 

Lease,  agreement,  memorandum  or  contract,  for  the  hire,  use 
or  rent  of  any  land,  tenement,  or  portion  thereof,  where  the 
rent  or  rental  value  is  $300  per  annum  or  less 0.50 

Where  the  rent  or  rental  value  exceeds  the  sum  of  $300  per  an- 
num, for  each  additional  $200,  or  fractional  part  thereof  in 
excess  of  $300 0.50 

Upon  each  and  every  assignment  of  any  lease,  a  stamp  duty  shall 
be  required  and  paid  equal  to  that  imposed  on  the  original  in- 
strument, increased  by  a  stamp  duty  on  the  consideration  or 
value  of  the  assignment  equal  to  that  imposed  upon  the  con- 
veyance of  land  for  similar  consideration  or  value. 

Lease  of  coal  or  iron  lands  are  subject  to  duty  under  head  of  "  Con- 
veyance." Perpetual  lease  subject  to  stamp  duty  under  head 
of  "  Conveyance,"  the  stamp  to  be  measured  by  resolving  the 
annual  rental  into  a  capital  smn. 
Clause  of  guarantee  of  payment  of  rent,  incorporated  or  indorsed, 
additional  duty  of. 0.05 


STAMPS.  657 

Legal  Documents.  Mortgages. 

Legal  documents.(c) — Writ,  or  other  original  process  by  which  any 
suit  is  commenced  in  any  court  of  record,  either  of  law  or 
equity $0.50 

Where  the  amount  claimed  in  a  writ,  issued  by  a  court  not  of 

record,  is  $100  or  over 0.50 

Upon  every  confession  of  judgment,  or  cognovit,  for  $100  or 
over  (except  in  those  cases  where  the  tax  for  the  writ  of  a 
commencement  of  suit  has  been  paid) 0.50 

Writs  or  other  process  on  appeals  from  justices'  courts  or  other 

courts  of  inferior  jurisdiction  to  a  court  of  record .  0.50 

Warrant  of  distress,  when  the  amount  of  rent  claimed  does  not 
exceed  $100 0.25 

When  the  amount  claimed  exceeds  $100 0.50 

Provided,  That  no  writ,  summons  or  other  process  issued  by 
and  returnable  to  a  justice  of  the  peace,  except  as  hereinbe- 
fore provided,  or  by  any  police  or  municipal  court  having  no 
larger  jurisdiction  as  to  the  amount  of  damages  it  may  render 
than  a  justice  of  the  peace  in  the  same  State,  or  issued  in  any 
criminal  or  other  suits  commenced  by  the  United  States  or 
any  State,  shall  be  subject  to  the  payment  of  stamp  duties: 
Manifest  for  custom-house  entry  or  clearance  of  the  cargo  of  any 
ship,  vessel  or  steamer,  for  a  foreign  port  (except  ports  in 
British  N'orth  America),  if  the  registered  tonnage  of  such  ship, 
vessel  or  steamer  does  not  exceed  300  tons 1.00 

Exceeding  300  tons,  and  not  exceeding  600  tons 3.00 

Exceeding  600  tons 5.00 

Measurer's  returns,  if  for  a  quantity  not  exceeding  1,000  bushels. .  0.10 

Exceeding  1,000  bushels 0.25 

Mortgage  of  lands,  estate  or  property,  real  or  personal,  heritable 
or  movable  whatsoever,  where  the  same  shall  be  made  as  se- 
curity for  the  payment  of  any  definite  and  certain  sum  of 
money  lent  at  the  time  or  previously  due  and  owing  or  for- 
borne to  be  paid,  being  payable;  also  any  conveyance  of  any 
lands,  estate   or  property  whatsoever,  in  trust,  to  be  sold  or 


(c)  Suits  are  commenced  in  many  States  davits,  is  hold  to  be  a  certificate,  and  sub- 
by  other  process  than  writ — viz.,  sum-  ject  to  a  stamp  duty  of  five  cents.  Where, 
mons,  warrant,  publication,  petition,  etc. —  however,  affidavits  are  made  relative  to 
in  which  cases  these  are  regarded  as  the  any  petition,  motion  or  other  proceeding 
original  processes,  and  severally  require  in  any  &w'\t  actually  pending  m  uny  {ionrt, 
stamps.  no  stamp  duty  is  chargeable  thereon,  in 

An  appeal  or  instrument  by  which  a  consideration  of  the  fifty  cent  stamp  af- 

suit  is  transferred  from  a  justice  of  the  fixed  to  the  "  original  process,"  by  which 

peace  to  a  superior  court  is  deemed  origi-  such  suit  was  commenced.     The  fifty  cent 

nal  process,  and  subject  to  stamp  duty  as  stamp  affixed  to  the  "  original  process," 

such.     So  are  writs  of  scire  facias.  in  the  commencement  of  a  suit,  exempts 

The  jurat  of  an  affidavit,  taken  before  all  affidavits  made  or  oerti&cates-  issued 

a  justice  of  the  peace,  notary  public  or  under  it. 
other  officer  duly  authorized  to  take  aflP 
42 


658  ABBOTTS'  FOEMS, 


Mortgages.  Powers. 

otherwise  converted  into  money,  which  shall  be  intended  only 
as  security,  and  shall  be  redeemable  before  the  sale  or  other 
disposal  thereof,  either  by  express  stipulation  or  otherwise  ; 
or  any  personal  bond  given  as  security  for  the  payment  of  any 
definite  or  certain  sum  of  money  exceeding  $100,  and  not 

exceeding  $500 $0.60 

Exceeding  $500  and  not  exceeding  $1,000 1.00 

And  for  every  additional  $500,  or  fractional  part  thereof  in  ex- 
cess of  $1,000 0.50 

And  whenever  any  bond  or  note  shall  be  secured  by  a  mortgage, 
but  one  stamp  duty  shall  be  required  to  be  placed  on  such 
papers :  Provided,  that  the  stamp  duty  placed  thereon  is  the 
highest  rate  required  for  said  instruments,  or  either  of  them. 
On  any  warrant  of  attorney  accompanying  a  bond  or  note, 
when  such  bond  or  note  shall  have  affixed  thereto  the  stamp 
or  stamps  denoting  the  duty  required,  no  stamp  will  be  required. 
Any  assignment  or  transfer  of  any  mortgage  requires  same  stamp 

duty  as  the  original  document. 
Each  and  every  bond  or  note,  secured  by  a  chattel  or  real  estate 
mortgage,  having  paid  a  duty  as  prescribed  above,  no  stamp 
duty  is  required  on  the  mortgage  securing  the  same. 

Original  process^  by  which  any  suit  is  commenced  in  any  court  of 

record,  either  law  or  equity 0.50 

The  same  in  courts  not  of  record  where  the  amount  claiined  is 
$100,  or  over  $0.50. 

Passage  ticket,  by  any  vessel  from  a  port  in  the  United  States  to  a 
foreign  port  (except  of  British  North  America),  not  exceed- 
ing $35 0.50 

Exceeding  $35  and  not  exceeding  $50 1.00 

And  for  every  additional  $50,  or  fractional  part  thereof,  in  ex- 
cess of  $50 1.00 

Pawner's  checks 0.05 

Pension  Papers. — Powers  of  attorney  and  all  other  papers  relating 
to  applications  for  bounties,  arrearages  of  pay,  or  pensions,  or 
to  receipt  thereof. Exempt. 

Power  of  attorney  for  the  sale  or  transfer  of  any  stock,  bonds,  or 

scrip,  or  for  the  collection  of  any  dividends  or  interest  thereon.         0.25 

Power  of  attorney  or  proxy,  for  voting  at  any  election  for  officers 
of  any  incorporated  company  or  society,  except  religious, 
charitable  or  literary  societies,  or  public  cemeteries 0.10 

Power  of  attorney  to  receive  or  collect  rent , 0.25 

Power  of  attorney  to  sdl  and  convey  real  estate,  or  to  rent  or  lease 

the  same 1.00 

Power  of  attorney,  conveyance  or  document  of  any  kind,  made  in 
any  foreign  country  to  be  used  in  the  United  States,  same 
stamp  duty  as  is  required  on  similai*  instruments  made  in  the 
United  States 


STAMPS.  659 

Powers.  Weigher's  Eeturns. 

Power  of  attorney^  to  sell  property  in  case  of  default  of  sum  cov- 
ered by  and  expressed  in  stamped  mortgage Exempt. 

Power  of  attorney  for  any  other  purpose $0.50 

Prolate  of  will,  or  letters  of  administration :  where  the  estate  and 
effects  for  or  in  respect  of  which  such  probate  or  letters  of  ad- 
ministration applied  for  shall  be  sworn  or  declared  not  to  ex- 
ceed the  valne  $2,000 1.00 

Exceeding  $2,000,  for  every  additional  $3,000,  or  fractional  part 

thereof  in  excess  of  $2,000 . . . , 0.50 

Bonds  of  executors,  trustees,  administrators  and  guardians,  each.         0.50 

Letters  of  appointment Exempt. 

Certificate  of  appointment 0.05 

Promissory  Note. — See  Bills  of  Exchange  (inland.) 
Protest. — .Upon  the  protest  of  every  note,  bill  of  exchange,  ac- 
ceptance, check  or  draft,  or  any  marine  protest,  whether  pro- 
tested by  a  notary  public  or  by  any  other  officer  who  may  be 
authorized  by  the  law  of  any  State  or  States  to  make  such 

protest 0.25 

Quit-claim  deed  should  be  stamped  as  "  Conveyance,"  except  when 

given  as  "  Eelease  of  Mortgage,"  in  which  case  it  is  exempt. 
Receipts  for  the  payment  of  any  sum  of  money,  or  for  the  pay- 
ment of  any  debt  due,  exceeding  $20,  not  being  for  the  satis- 
faction of  any  mortgage  or  judgment  or  decree  of  any  court, 
and  a  receipt  for  the  delivery  of  any  property,  except  receipts 
issued  by  any  persons,  firms  or  companies  doing  business  as 
an  express  or  express  company  on  the  delivery  of  any  prop- 
erty for  transportation:  Provided,  that  when  two  or  more 
persons  shall  sign  the  same  receipt,  one  or  more  stamps, 
equal  in  value  to  the  several  stamps  required  by  this  act,  may 

be  affixed  to  said  receipt  in  lieu  of  said  several  stamps 0.02 

Satisfaction  of  judgment 0.05 

Sheriff ''s  return  on  writ,  or  other  process Exempt 

Trust-deed,  made  to  secure  a  debt,  containing  a  clause  of  defeas- 
ance, and  operating  as  a  mortgage,  is  to  be  stamped  as  a 
mortgage. 
Trust  deed,  conveying  estate  to  uses,  should  be  stamped  as  "con- 
veyance." 
Warehouse  receipt  for  property,  goods,  wares  or  merchandise,  not 
otherwise  provided  for,  in  any  public  or  private  warehouse, 
when  the  property  or  goods  so  deposited  or  stored  shall  not 

exceed  in  value  $500 0.10 

Exceeding  in  value  $500,  and  not  exceeding  $1,000 0.20 

Exceeding  in  value  $1,000,  for  every  additional  $1,000 0.10 

Warehouse  receipts  for  any  goods,  merchandi.se  or  property  of 
any  kind,  not  otherwise  provided  for,  held  on  storage  in  any 

private  or  public  warehouse  or  yard 0.25 

Weigher''s  returns,  if  for  a  weight  not  exceeding  5,000  pounds. . .  0.10 

Exceeding  5,000  pounds 0.25 


660  ABBOTTS'  FORMS. 


Subscriptions. 


CHAPTEK  LXXXVIII. 

SUBSCRIPTION  PAPERS. 

Stjbscriptton  PAFER8,  like  all  other  contracts,  require  both  a  i>arty  to  con 
tract  with  and  a  consideration,  to  make  them  valid  and  binding ;  but,  from 
their  simple  and  informal  nature,  they  are  often  defective  in  these  respects, 
and  sometimes  prove  entirely  nugatory  on  this  account.  The  object  of  the 
Bubscription  should  be  clearly  stated,  the  party  to  whom  it  is  to  be  paid  and 
the  consideration.  Where,  however,  the  paper  imports  a  request  to  the  body 
who  are  to  apply  the  fund,  and  they  go  on  and  incur  liabilities  on  the  faith  of 
the  subscription,  the  consideration  may  be  inferred  from  the  facts ;  and  in  such 
a  case,  the  subscription  becomes  binding  from  the  time  of  the  acts  constituting 
the  consideration. 

1267.  Subscription  for  a  building 660 

1268.  Subscription  to  the  support  of  a  clergyman 660 

1269.  Subscription  to  endow  a  college 661 


1267.  Subscription  for  a  Building. {a) 

"We,  the  subscribers,  agree  to  pay  the  sums  set  opposite  our  respective 
names,  for  the  purpose  of  building  a  Presbyterian  church  at  Glen's  Falls ; 
said  church  to  be  built  on  the  lot  now  occupied  by  the  old  Presbyterian 
church  in  said  village.  The  amount  to  be  subscribed,  in  cash,  is  to  be 
$5,000  ;  the  money  to  be  paid  to  the  trustees  of  said  church,  or  to  a  build- 
ing committee  to  be  appointed  by  the  undersigned  subscribers.  The  body 
of  the  church  to  be  finished  and  furnished  uniformly ;  the  pews  or  slips  are 
to  be  equally  assessed,  and  rented  annually ;  and  said  assessments  and  rents 
to  be  paid  and  applied  by  said  trustees  in  payment  for  the  stated  preaching 
of  the  gospel  in  said  church  and  congregation,  and  expenses  of  said  churcli. 

[Date.}  [Signatures  and  sums.'] 

1268.  Subscription  to  the  Support  of  a  Clergyman.(b) 

Wk,  the  subscribers,  being  members  of  the  religious  society  in 

,  and  being  desirous  of  raising  a  salary  for  the  support  of  the  Rev- 

(a)  This  form  is  sustained  by  Barnes  v.  112.     It  is  binding  on  the  subscribers  so 

Ferine,  12  N.  Y.  (2  Kern.),  18,  where  it  long  as  S.  F.  continues  to  administer  the 

was  held  binding,  upon  the  ground  that  gospel,   and    the    subscribers   to    reside 

the  trustees  had  gone  on  and  removed  within  tlie  distance  of  four  miles,  and 

the  old  building,  and  incurred  expense  could  not   be  dissolved  but  by   mutual 

on  the  faith  of  the  subscription.  consent,  nor  cease  to  be  obligatory,  until 

(A)  This  form  is  sustained  by  Religious  the  minister  ceased  to  render  the  service 

■Society  in  Whitestown  v.  Stone,  7  Johns.,  stipulated. 


SUPERVISORS.  661 


Subscription  Papers. 


erend  S.  F.,  as  a  minister  of  the  gospel  in  said  society,  do,  for  this  purpose, 
and  for  the  consideration  of  one  dollar  received  of  the  trustees  of  said  so- 
ciety, before  signing  this  instrument,  promise,  covenant  and  engage,  each 
one  for  himself,  individually  and  severally,  to  and  with  the  said  trustees, 
that  we  will  each  pay  to  the  said  trustees,  or  such  person  as  they  shall  ap- 
point to  receive  the  same,  the  sums  respectively  annexed  to  our  names,  to 
be  paid  annually,  so  long  as  the  said  S.  F.  shall  administer  the  gospel  in 
said  society,  and  so  long  as  we,  the  subscribers,  shall  reside  within  four 
miles  of  the  meeting-house  in  said  society,  to  be  by  the  said  trustees  ap- 
plied for  the  sole  purpose  of  paying  the  salary  of  Mr.  S.  F.  The  first  annual 
payment  shall  be  made  at  the  expiration  of  one  year  after  he  shall  be  in- 
stalled or  ordained  in  the'  said  society,  and  in  each  and  every  year  therer 
after.  And  this  instrument  shall  not  be  obligatory  on  us  in  any  manner, 
until  the  whole  sum  subscribed  shall  amount  to  the  sum  of  dollars. 

[Date.]  [Signatures  and  sums.] 

1269.  Subscription  to  Endow  a  College.(c) 

In  consideration  of  the  effort  by  the  trustees  of  College  to  raise  a 

fund  of  dollars,  and  their  agreement  to  receive,  hold  and  apply  such 

fund  as  hereinafter  provided,  we,  the  subscribers,  hereby  bind  ourselves  to 
pay  to  the  said  trustees  the  sums  opposite  to  our  respective  names,  in  four 
equal  annual  payments,  the  first  to  be  made  on  the        day  of  ,  18     . 

The  conditions  of  the  subscription  are  the  following : 

1.  That  the  moneys  collected  on  it  shall  be  permanently  invested  as  a  pro- 
ductive fund,  the  interest  of  which  shall  be  applied  to  the  payment  of  the 
salaries  of  the  officers. 

2.  That  we  shall  not  be  holden  to  pay  the  sum  subscribed  by  us  unless 
the  aggregate  of  our  subscriptions  and  of  contributions  to  this  object  shall, 
by  the        day  of  ,  18    ,  amount  to  dollars,  nor  until  A.  B.,  of 

,  shall  certify  that,  in  his  judgment,  responsible  subscriptions  or  con- 
tributions amounting  to  dollars  shall  have  been  made. 

[Date.]  [Signatures  and  sums^ 


CHAPTEE  LXXXIX. 

SUPERVISORS. 


The  supervisors  of  a  county,  as  a  board  or  body,  and  each  supervisor  in  his 
own  town,  are  regarded  by  the  law  as  quasi  corporations,  so  far  as  is  necessary 
for  the  discharge  of  the  duties  prescribed  by  law. 

(c)  The  statement  of  the  consideration  (Comst.),    581,    to   obviate  the  objection 

we  have  inserted  in  this  form,  which  is  there  held  fatal,  that  no  consideration  was 

from  the  case  of  Stewart  v.  Trustees  of  expressed  or  could  be  implied. 
Hamilton   College,   2  Ben.,  403,  1  JV.  Y. 


662  ABBOTTS'  FORMS. 


Supervisors.  Taxes. 

Their  powers  and  duties  are  prescribed  in  detail  by  the  statutes,  which  are 
very  numerous,  and  the  general  regulations  are  much  qualified  by  local  pro- 
visions  lor  which  the  session  laws  must  be  consulted. 

Forms  for  supervisors'  use  in  connection  with  the  subjects  treated  in  this 
volume,  will  be  found  in  their  approj^riate  chapters. 

PAoa 

1270.  Appointment  to  fill  vacancy 662 

1271.  Certificate  to  correctness  of  accounts 662 

1270.  Appointment  to  Fill  Vacancy. 
Town  of  ,  ss. 

"Whereas  A.  B.,  duly  elected  supervisor  of  said  town  at  the  annual  town 
meeting  held  therein  on  the        day  of  ,  18    ,  has  neglected  to  take 

the  oath  of  oflBce  prescribed  in  the  sixth  article  of  the  constitution  of  this 
State,  and  to  file  the  same  as  the  law  directs,  by  reason  whereof  the  said 
oflBce  has  become  vacant :  Now  tiierefoee  we,  the  undersigned,  three  of 
the  justices  of  the  peace  of  said  town  of  ,  in  pursuance  of  the  statute 

in  such  case  made  and  provided,  hereby  appoint  0.  D.,  supervisor  of  said 
town  of  ,  to  hold  the  said  office  until  a  successor  be  duly  elected  or 

appointed.  [Signatures  and  seals.] 


1271.  Certificate  to  Correctness  of  Accounts. 

"We,  the  undersigned,  the  justices  of  the  peace  and  town  clerk  of  the  town 
of  ,  hereby  certify  that  we  have  this  day  examined  the  within  [or, 

foregoing]  account  of  A.  B.,  supervisor  of  said  town ;  and  we  find  the  same 
in  all  respects  correct  and  true,  and  that  there  is  now  a  balance  of 
dollars  due  from  [or,  to]  him  to  [or,  from]  said  town  of 

[Date.]  [Signatures.] 


CHAPTER  XC. 

TAXES. 

The  statutes  of  New  York  provide  that  the  assessors  of  taxes  are  to  use 
forms  of  assessment-rolls  furnished  by  the  comptroller  of  the  State.  Returns 
of  unpaid  taxes  are  also  to  be  furnished  by  him. 

VAon 

1272.  Notice  of  completion  of  assessment 668 

1273.  Afiidavit  to  reduce  tax  on  real  estate 663 

1274.  AflBdavit  to  reduce  tax  on  personal  estate 663 

1275.  Oath  of  the  assessors  to  the  assessment-roll 663 

1276.  Notice  by  supervisor  to  collector,  of  the  amount  of  taxes 664 

1277.  Bond  of  collector 664 

1278.  Approval  by  supervisor 664 

1 279.  Warrant  for  collection  of  taxes »664 

1280.  Collector's  notice 665 


TAXES.  663 

Assessment. 


1272.  Notice  of  Completion  of  Assessment. {a) 

Notice  is  hereby  given,  that  the  assessors  of  the  town  of  ,  have 

completed  their  assessment-roll  for  the  year  18  ,  and  a  copy  thereof  is 
left  with  A.  B.,  one  of  them  at  [here  specify  the  place],  where  the  same 
may  he  seen  and  examined  by  any  person  interested,  at  any  time  between 
the  hom's  of  a.m.  and  p.  m.,  until  the  day  of  ,18  ,  on  which 
day  the  undersigned  assessors  will  meet  at  in  said  town,  at        o'clock 

in  the  noon  to  review  their  assessments,  and  will  then  receive  the  ap- 
plication of  any  person  conceiving  himself  aggrieved. 

[Bate.]  [S^gnature8^ 

1273.  Affidavit  to  Reduce  Tax  on  Real  Estate.Q))  ' 

OOUNTT  OF  ,  ss. 

A.  B.,  of  the  town  of  ,  in  said  county,  being  duly  sworn,  says  that 

the  value  of  [here  designate  the  real  estate],  which  on  the  assessment-roll  of 
said  town,  for  the  year  18    ,  is  assessed  to  him  and  valued  at  dollars, 

does  not  exceed  in  value  dollars.     [Deponent  further  says  that  he  is 

a  minister  of  the  gospel,  and  the  value  of  his  whole  real  and  personal  estate 
does  not  exceed  the  sum  of  dollars.] 

SwoEN  before  me,  this        day  j  [Signature.] 

of  ,  18    .  I 

[Signature  of]  Assessor.(c) 

1274.  Affidavit  to  Reduce  Tax  on  Personal  Estate. 
County  of            ,  ss. 

A.  B.,  of  the  town  of  ,  in  said  county,  being  duly  sworn,  says  that 

the  value  of  the  personal  estate  owned  by  him  does  not  exceed  the  sum 
of  dollars,  after  deducting  his  just  debts(d)  [and  his  property  invested 

in  incorporated  companies  liable  to  taxation]. 

SwoEN  [etc.,  as  above],  [Signature.} 

1275.  Oath  of  the  Assessors  to  the  Asssessment  Roll. 
State  of  ,  ) 

County  of  .  J     ' 

We,  the  undersigned,  do  severally  depose  and  swear,  that  we  have  set 
down  in  the  foregoing  assessment-roll  all  the  real  estate  situated  in  the 

(a)  To  be  posted  in  three  or  more  pub-  People  v.  Supervisors  of  Westchester,  15 

lie  places  in  the  town.  Barb.,  607;  People  v.  Boss,  \6  How.  Pr., 

(6)  The  affidavit  as  to  value  must  be  63. 
positive.  It  is  not  enough  to  swear  to  {d)  An  affidavit  stating  that  the  amount 
belief.  People  v.  Supervisors  of  West-  of  the  applicant's  property  does  not  exceed 
Chester,  15  Barb.,  607.  '  a  certain  sum,  deducting  debts  and  Ha- 
le) The  New  York  statute  requires  the  bilities,  is  defective.  Debts  are  mentioned 
affidavit  to  be  taken  before  one  of  the  in  the  statute,  but  liabilities  are  not. 
assessors.  It  is  not  satisfied  by  an  affl-  People  v.  Supervisors  of  Westchester,  15 
davit  taken  before  a  justice  of  the  peace.  Barb.,  607. 


664:  ABBOTTS'  FORMS. 


Taxes. 


town  of  [or,  Ward  of  the  city  of  ],  according  to  our  best 

information  ;  and  that,  with  the  exception  of  those  cases  in  which  the  vahie 
of  the  said  real  estate  has  been  changed  by  reason  of  proof  produced  before 
us,  we  have  estimated  the  value  of  the  said  real  estate  at  the  sums  which  a 
majority  of  the  assessors  have  decided  to  be  the  full  and  true  value  thereof, 
and  at  which  they  would  appraise  the  same  in  payment  of  a  just  debt  due 
from  a  solvent  debtor ;  and  also  that  the  said  assessment-roll  contains  a  true 
statement  of  the  aggregate  amount  of  the  taxable  personal  estate  of  each 
and  every  person  named  in  such  roll,  over  and  above  the  amount  of  debts 
doe  from  such  persons  respectively,  and  excluding  such  stocks  as  are  other- 
wise taxable,  and  such  other  property  as  is  exempt  by  law  from  taxation, 
at  the  full  and  true  value  thereof,  according  to  our  best  judgment  and  be- 
« lief.  [Signatures  of  a%se»»orsr\ 

I  certify  that  the  foregoing  was  severally  subscribed  and  sworn  by  said 
assessors  before  me,  this        day  of  ,  18    . 

[Signature  o/]  Justice  of  the  Peace. 

1276.  Notice  by  Supervisor  to  Collector,  of  the  Amount  of  Taxes, 
To  A.  B.,  collector  of  the  town  of  : 

You  are  hereby  notified  that  the  amount  of  taxes  to  be  collected  by  you 
in  said  town  of  ,  for  the  current  year,  is  dollars  and  cents. 

[Date.]  [Signature.] 

1277.  Bond  of  Collector. 

[Penal  clause  tunning  to  the  supervisor  of  the  town  (see  p.  212),  and  in  a 
penalty  double  the  amount  of  the  taxes.] 

The  coNDiTioir  of  this  obligation  is  such,  that  whereas  the  said  A.  B.  has 
been  chosen  [or,  appointed]  collector  of  said  town,  and  has  received  [or, 
wiU  receive]  the  assessment-roll  of  said  town,  for  the  purpose  of  collecting 
the  taxes  therein  named,  amounting  to  the  sum  of  dollars :  now, 

therefore,  if  the  said  A.  B.  shall  faithfully  execute  the  duties  of  said  collect- 
or, then  this  obligation  to  be  void ;  otherwise,  to  remain  in  full  force  and 
virtue. 

In  presence  of  [Signatures.] 

[Signature  of  witness.] 

1278.  Approval  by  Supervisor. 

I  approve  the  within  bond  and  the  surety  [or,  sureties]  therein. 
[Date.]  [Signature.] 

1279.   War7'ant  for  Collection  of  Taxes. 
CotmTT  OF  ,  ss. 

The  People  of  the  State  of  New  York  to  A.  B.,  collector  of  the  town  of         , 
in  said  county : 
You  are  hereby  commanded  to  collect  from  the  several  persons  named  in 
the  assessment-roll  hereunto  annexed  and  herewith  delivered  to  you,  the 


TAXES.  6^5 

Custom-house  Power. 


several  sums  mentioned  in  the  last  column  thereof  opposite  to  their  respec- 
tive names  [also  to  collect  the  sum  of  50  cents,  as  commutation  tax,  from 
every  person  appearing  by  said  assessment-roll  liable  to  pay  the  same ;  and 
when  the  name  of  any  person  between  the  ages  of  eighteen  and  twenty-one 
years  shall  appear  in  said  roll  liable  to  pay  said  commutation  tax,  you  are 
hereby  further  directed  to  coUect  the  said  sum  of  50  cents  of  the  father, 
master  or  guardian  with  whom  such  person  shall  reside,  or  out  of  any  prop- 
erty such  minor  may  have  in  the  town].  And  on  all  sums  of  taxes  received 
or  collected  within  thirty  days  after  giving  the  notices  required  by  the  29th 
section  of  the  act  of  May  10,  1845,  chapter  180,  and  the  acts  amending  the 
same,  you  are  directed  to  receive  and  collect,  in  addition  to  the  taxes  named 
in  the  said  assessment  roll,  cents  on  every  dollar  of  tax,  for  your  fees 

for  collecting  the  same.  And  on  all  sums  of  taxes  remaining  unpaid  after 
the  expiration  of  thirty  days  from  posting  the  notices  specified  in  said  act, 
you  are  directed  to  receive  and  collect,  in  addition  to  the  said  tax  so  re- 
maining unpaid,  five  cents  on  evei-y  dollar  for  your  fees  for  collecting  the 
same. 

And  you  are  hereby  directed  out  of  the  moneys  so  collected  to  pay  on  or 
before  the  day  of  ,  18     [here  insert  directions  as  to  what  officers 

the  moneys  are  to  ie  paid  to,  and  the  amount  to  be  paid  to  each]. 

And  in  case  any  person  named  in  the  assessment-roH  shall  neglect  or  re- 
fuse to  pay  his  taxes  or  the  fees  for  collecting  the  same  (after  the  notice 
allowed  by  law),  you  are  hereby  authorized  to  levy  the  said  taxes  and  foes 
as  aforesaid,  by  distress  and  sale  of  the  goods  and  chattels  of  such  person, 
together  with  the  costs  and  charges  of  such  distress  and  sale ;  and  for  so 
doing  this  shall  be  your  sufficient  warrant. 

Given  under  our  hands  and  seals,  this        day  of  ,  18    , 

\ Signatures,  titles  and  seals.] 

1280.  Collector's  Notice. 

Notice  is  hereby  given,  that  the  undersigned,  the  collector  of  taxes  in  and 
for  the  town  of  [or,  Ward  of  the  city  of  ],  have  received 

the  warrant  for  the  collection  of  the  taxes  for  the  present  year ;  and  that  I 
will  attend  at  [specifying  the  place],  in  said  town  [or,  ward],  on  day 

of  oach  week,  for  thirty  days  from  the  date  hereof,  from  nine  o'clock  in  the 
forenoon  until  four  o'clock  in  the  afternoon,  for  the  purpose  of  receiving 
payment  of  taxes. 

[Date.]  [Signature.] 


666  ABBOTTS'  FORMS. 


Towns. 


CHAPTEK  XCI. 

TOWNS. 

Townships,  or  towns,  as  they  are  designated  in  tlie  laws  of  New  York  and 
some  other  States,  in  contradistinction  to  cities  and  other  municipalities  incor- 
porated by  special  charters,  for  the  most  part  administer  their  affairs  according 
to  general  laws  applicable  throughout  the  State  at  large.  There  are  many 
exceptions  to  this,  however,  arising  where  local  statutes  exist  affecting  one  or 
more  towns. 

The  following  forms  relate  to  the  ordinary  cases  of  proceedings  in  the  ad- 
ministration of  town  affairs.  Special  subjects,  such  as  Disorderly  Persons, 
EsTRATs,  Fences,  Highways,  Poor  Laws  and  Schools,  are  the  subject  of 
separate  chapters. 

PAGE 

1281.  Call  for  a  special  town  meeting 666 

1282.  Notice  of  intention  to  propose  resolution  to  build  new  town-house 666 

1288.  Notice  to  board  of  supervisors,  of  resolution  to  raise  money  for  new  town- 
house  667 

1284.  Kesolution  of  the  board  of  supervisors 667 

1285.  Division  of  a  town  into  election  districts,  or  alteration  of  the  districts 667 

1286.  Notice  of  supervisor  or  town  clerk,  calling  meeting  to  fill  vacancy  in  office 

of  inspector  of  elections 667 

1287.  Appointment  of  an  inspector  of  elections  to  fill  a  vacancy 667 

1288.  Notice  of  acceptance  of  resignation  of  a  town  officer 668 

1289.  Affidavit  to  be  attached  to  an  account  presented  for  audit 668 

1290.  Certificate  of  town  auditors 668 

1291.  Abstract  of  claims  presented  to  the  town  auditors  for  audit 668 

1281.  Call  for  a  Special  Town  Meeting, 

To  the  clerk  of  the  town  of  : 

The  undersigned  persons,  who  are  by  law  eligible  to  the  office  of  super- 
visor, require  a  special  town  meeting  to  be  called  for  the  purpose  of  [here 
state  the  object],  and  request  you  to  give  due  notice  thereof,  to  be  held  on 
the        day  of  ,  at         o'clock  in  the         noon,  at  the 

[Date.]  [Signatures.] 

1282.  Notice  of  Intention  to  Propose  Resolution  to  Build  New  Town-House. 
Town  of 

Notice  is  hereby  given  that  at  the  annual  town  meeting,  on  the  day 
of  next,  the  undersigned  wiU  propose  a  resolution,  authorizing  the 

sum  of  dollars  to  be  raised  for  the  purchase  of  a  site  for,  and  the 

building  o^  a  town-house,  in  said  town. 

[Date.]  [Signature.] 


TOWNS.  667 

Election  Districts.  Inspectors. 

1283.  Notice  to  Board  of  Supervisors^  of  Resolution  to  Raise  Money  for 
New  Town-Rouse, 

To  the  board  of  supervisors  of  the  county  of 

The  electors  of  the  town  of  ,  in  which  there  is  now  no  town-house, 

ind  the  number  of  electors  in  which  town  is  ,  adopted  the  following 

resolution,  after  due  previous  notice,  at  a  meeting  held  on  the        day  of 

\Copy  of  resolution.} 
[Date.]  [Signatures  of  justices  who  presided.] 

1284.  Resolution  of  the  Board  of  Supervisors. 

Resohed,  That  the  question  of  raising  the  sum  of  dollars  in  the 

town  of  ,  for  the  purchase  of  a  site  for,  and  the  building  of,  a  town- 

house,  in  said  town,  voted  upon  at  the  last  annual  town  meeting  held 
therein,  be  again  submitted  to  the  electors  thereof,  at  the  next  annual  town 
meeting. 

1285.  Division  of  a  Town  Into  Election  Districts,  or  Alteration  of  the 

Districts. 
Town  of  ,  ss. 

We,  the  undersigned,  composing  the  board  of  town  oflScers  of  ,  do 

hereby  certify  that  we  have  divided  the  town  into  [three]  election  districts 
[or,  that  we  have  altered  the  existing  election  districts  in  said  town,  so  that 
it  now  consists  of  election  districts],  which  are  numbered  and  bounded 

as  foUows — viz. : 

Number  one,  bounded  [describing  each  district]. 

[Signatures  and  titles.] 

1286.  Notice  of  Supervisor  or  Town  Cleric  Calling  Meeting  to  Fill  Vacancy 

in  Office  of  Inspector  of  Elections. 

You  are  hereby  notified  to  attend  a  meeting  of  the  supervisor,  town  clerk, 
and  justices  of  the  peace,  of  this  town,  appointed  by  me  to  be  held  at  the 
office  of  ,  on  the        day  of  ,  at         o'clock  in  the        noon,  for 

the  purpose  of  filling  a  vacancy  in  the  office  of  inspector  of  elections,  in 
election  district  number  ,  in  said  town. 

[Date.]  [Signature.] 

[Address]. 

1287.  Appointment  of  an  Inspector  of  Elections  to  Fill  a  Vacancy. 
Town  of  ,  ss. 

A.  B.  is  hereby  appointed  an  inspector  of  elections  in  and  for  election 
district  number  ,  in  said  town,  to  fill  the  vacancy  occasioned  by  [here 

itate  cause  of  vacancy,  naming  the  previous  incumient]. 
Given  under  our  hands,  this        day  of  ,  18    . 

[Signatures.] 


668  ABBOTTS'  FORMS. 


Audit  of  Claims. 


1288,  ITbtice  of  Acceptance  of  Resignation  of  a  Town  Officer. 

To  the  town  clerk  of  the  town  of  : 

You  are  hereby  notified,  that  we,  the  undersigned,  justices  of  the  peace 
of  the  said  town,  have,  for  good  cause  shown,  accepted  the  resignation  ot 
A.  B.  [here  designate  also  his  office],  of  said  town. 

[Date.]  [Signatures  of  justices.] 

[Appointment  to  fill  a  vacancy  may  he  as  in  Form  1270.] 


1289.  Affidavit  to  ie  Attached  to  an  Account  Presented  for  Audit. 

CoiTOTY  OP  ,  88. 

A.  B.,  of  ,  being  duly  sworn,  says,  that  the  items  fur  services  and 

disbursements  mentioned  in  the  foregoing  account  by  him  presented  [or, 
claimed],  are  in  all  respects  correct ;  that  such  disbursements  and  services 
have  in  fact  been  made  or  rendered,  or  are  necessary  to  be  made  or  rendered 
at  this  session  of  the  board ;  and  that  no  part  thereof  has  been  paid  or 
satisfied. 

Sworn  to,  this        day  of)  [Signature  of  deponent.] 

,18    ,  before  me     ) 

[Signature  of]  Chairman  of  the  Board  of  Auditors  of  the  Town  of 


1290.  Certificate  of  Town  Auditors.{a) 

County  of  ,  ss. 

We,  the  undersigned,  composing  the  board  of  town  auditors  of  said  town, 
hereby  certify,  that  we  have  this  day  audited  and  allowed  to  A.  B.  [desig- 
nating his  office,  if  any],  by  whom  the  foregoing  account  has  been  presented 
to  us,  the  sum  of  dollars,  as  and  for  his  services  as  such  [and 

the  disbursements  necessarily  paid  out  by  him  in  the  discharge  of  his 
duties],  up  to,  and  including,  the         day  of  ,  instant ;  and  that  we 

find  a  balance  of  dollars  and  cents,  to  be  due  from  [or,  to]  the 

said  A.  B.,  to  [or,  from]  the  town  of 

[Date.]  [Signatures^ 


1291.  Ahstra/it  of  Claims  Presented  to  the  Town  Auditors,  for  Audit. 

Abstbact  of  the  names  of  all  persons  who  presented  accounts  to  be 
audited,  to  the  board  of  town  auditors  of  the  town  of  ,  on  the        day 


(a)  This  form  is  sustained  by  People  v.  town  auditors,  be  signed  with  tbeir  official 

Supervisors  of  Queens,  1  Hill,  195.    It  is  additions,  nor  state  that  they  met  at  the 

not  essential  that  a  certificate  purporting,  the  time  and  place  prescribed  by  law. 
by  its  terms,  to  be  made  by  a  board  of 


TRUSTS.  669 

General  Principles. 


of  ,18    ,  with  the  amounts  claimed  by  each,  and  the  amounts  finally 

audited. 


TITLE  OF  OFFIOEB,  OE  NATURE 
OF  CLAIM  OE  SEEVI0E8. 


AMOUNT 
OLAIMKD. 


AMOUNT 
AUDITED. 


We  hereby  certify  that  the  foregoing  abstract  is  correct. 

[Date.]  [Signatures.] 


CHAPTEE  XCII. 

TRUSTS. 


A  TRUST  is  a  confidence  reposed  in  one  person,  who  is  termed  the  trustee,  for 
the  benefit  of  another,  who  is  called  the  cestui  que  trust ;  and  it  is  a  confidence 
respecting  property,  which  is  thus  held  by  the  former  for  the  benefit  of  the 
latter.  Out  of  this  confidence  arise  two  estates  in  the  property  which  is  the 
subject  of  it ;  a  legal  estate  in  the  trustee,  which  consists  essentially  in  obliga- 
tion ;  and  an  equitable  estate  in  the  cestui  que  trust,  which  consists  in  right 
and  beneficial  enjoyment.(a) 

By  the  provisions  of  the  Revised  Statutes  of  the  State  of  New  York,  which 
have  been  in  substance  adopted  in  some  other  States,  all  trusts  in  real  property, 
except  trusts  resulting  from  implication  of  law,  and  except  also  certain  enu- 
merated express  trusts,  are  abolished  ;  and  every  person  entitled  to  the  possession 
of  land,  and  to  the  receipt  of  its  rents  and  profits,  is  declared  to  have  a  legal 
estate  therein  commensurate  with  his  beneficial  interest.  Express  trusts  are , 
therein  defined,  and  the  purposes  for  which  they  may  be  created,  enumerated ; 
and  minute  provisions  are  inserted  to  guard  them  and  prevent  their  being 
abused  to  the  injury  of  creditors  and  bona-fide  purchasers.  Trusts  which  are 
not  authorized  as  trusts  by  these  provisions,  operate,  if  at  all,  as  powers  in 
trust.  The  objects  for  wliich  express  trusts  in  lands  may  be  created  are  thus 
defined  by  the  statute.  1.  To  sell  lands  for  the  benefit  of  creditors.  2.  To  sell, 
mortgage  or  lease  lands  for  the  benefit  of  legatees,  or  for  the  purpose  of  satis- 
fying any  charge  thereon.  3.  To  receive  the  rents  and  profits  of  lands,  and 
apply  them  to  the  use  of  any  person,  during  the  life  of  such  person,  or  for  any 
shorter  term,  subject  to  the  rules  of  the  statute  as  to  the  creation  of  estates. 
4.  To  receive  the  rents  and  profits  of  lands,  and  to  accumulate  the  same,  for 
purposes  and  within  the  limits  prescribed  by  the  statute  for  the  suspension  of 
the  absolute  power  of  alienation. 

A  trust  to  receive  the  rents,  profits  and  income  of  property,  and  to  pay  them  to 
the  cestui  que  trust,  is  valid  as  a  trust  to  apply  them  to  his  tise,  within  the  statute. 

Express  trusts  of  personal  estate  may  be  created  for  any  purpose  which  is 
not  illegal,  for  the  Revised  Statutes  have  not  defined  the  pxirposes  for  which 
they  may  be  created. 

By  the  Statute  of  Frauds,  as  generally  enacted  in  this  country,  assignments 
of  property  in  trust  must  be  in  writing,  subscribed  by  the  party  or  his  agent. 

In  other  cases  than  assignments  or  conveyances  in  trust,  it  is  not  essential 
to  the  creation  of  a  trust,  even  in  lands,  that  a  deed  or  written  instrument  be 
executed. 

A  i)erson  in  the  legal  possession  of  money  or  property,  acknowledging  a 
trust,  becomes  from  that  time  a  trustee,  if  the  acknowledgment  is  founded  on 

(a)  BurrilVa  Law  Diet.,  tit.  Tbust. 


670  ABBOTTS*  FORMS. 


Declaration  of  Trust. 


a  valuable  or  meritorious  consideration.  But  to  render  the  obligation  of  a 
trust  in  real  property  enforceable,  it  must  be  manifested  or  declared  by  some 
writing  signed  by  tlie  trustee.  And  although  it  is  not  essential  that  the 
writing  by  which  the  trust  is  manifested  and  proven  should  be  in  any  par- 
ticular form,  the  nature  of  the  trust,  and  the  terms  and  conditions  of  it,  must 
sufficiently  appear,  so  that  the  court  may  not  be  called  upon  to  execute  the 
trust  in  a  manner  different  from  that  intended. 

Trusts  are  usually  created  by  Assignments  for  Creditors,  Deeds  or 
Wills,  and  for  the  forms  appropriate  to  this  purpose,  the  reader  is  referred  to 
those  chapters. 

1292.  Declaration  of  trust  in  personal  property 670 

1298.  Declaration  of  trust  in  lands 670 


1292.  Declaration  of  Trust  in  Personal  Property. 

'   I,  A.  B.,  of  ,  in  consideration  of  ,  hereby  acknowledge  and 

declare,  that  I  am  possessed  of  [ten  shares  of  the  capital  stock  of  the  0.  D. 
Company,  numbered  from  one  to  ten  inclusive],  in  trust,  and  for  the  only 
benefit  and  advantage  of  Y.  Z.,  of  ,  his  executors,  administrators  and 

assigns,  the  same  having  been  purchased  with  the  moneys  of  the  said  Y.  Z., 
and  my  name,  as  to  the  said  shares,  and  all  the  income  thereof,  from  hence- 
forth to  grow  due  or  accrue,  is  used  only  in  trust  for  the  said  Y.  Z.  And 
I,  for  myself,  my  executors  and  administrators,  hereby  covenant  with  the 
said  Y.  Z.,  his  executors,  administrators  and  assigns,  that  I  and  they  shall 
and  will,  at  any  time  hereafter,  at  the  request  and  costs  of  the  said  Y.  Z., 
his  executors,  administrators  and  assigns,  assign  and  transfer  the  said  shares 

*\^S.T  *^^'"'  *"'  '"'^^'"  [Signature.] 

1293.  Declaration  of  Trust  in  Lands. 

To  all  to  whom  these  presents  shall  come,  I,  A.  B.,  of  ,  send  greet- 

ing: 
"Whereas,  0.  D.,  of  ,  has,  by  his  deed  bearing  even  date  herewith, 

for  the  consideration  of  dollars,  granted  and  conveyed  to  me  in  fee- 

simple,  all  {etc.,  Tiere  insert  description],  as  by  said  deed  will  more  fully  ap- 
pear :  And  whereas  I  have  this  day  executed  and  delivered  to  said  0.  D.  a 
mortgage  upon  said  premises,  as  collateral  security  for  the  payment  of  ray 
bond,  conditioned  for  the  payment  of  dollars  [here  state  terms],  to 

secure  a  part  of  the  consideration  money  expressed  in  the  said  deed.  Now, 
KNOW  TE,  that  I,  the  said  A.  B.,  do,  by  these  presents,  make  known,  admit 
and  declare,  that  said  premises  were  so  conveyed  to  me,  and  that  I  now 
hold,  and  will  continue  to  hold,  the  same,  in  trust  only,  for  the  use  and  ben- 
efit of  Y.  Z.,  son  and  heir-at-law  of  ,  deceased,  his  heirs,  executors 
and  administrators,  and  that  I  have  no  beneficial  interest  therein,  except 
what  may  arise  by  legal  or  equitable  implication  from  the  circumstance 
of  my  having  executed  the  said  bond  and  mortgage.  And  I  do  further  ad- 
mit, that  the  residue  of  the  consideration  money  expressed  in  said  deed  to 
me — to  wit,  the  sum  of  dollars — was  paid  by  W.  X^  ,  for  the 
benefit  of  said  Y.  Z.     And  I  do,  for  myself,  my  heirs,  executors  and 


TURNPIKE  COMPANIES.  671 

Articles  of  Association. 

administrators,  covenant  and  agree  to  and  with  said  W.  X.  and  Y.  Z.,  and 
each  of  them,  and  with  their  and  each  of  their  executors,  and  administra- 
tors and  assigns,  that  I,  or  my  heirs,  shall  and  will  convey  the  said  premises, 
by  a  good  and  sufficient  deed,  to  the  said  Y.  Z ,  or  his  assigns,  as  he  or 
they  may  direct  or  require,  whenever  and  as  soon  as  the  said  mortgage,  so 
executed  by  me,  shall  have  been  paid  off  and  discharged,  or  otherwise  fully 
secured  to  me,  and  that  free,  clear  and  discharged  of  and  from  all  and 
every  encumbrance  thereon  by  me  or  my  heirs.  And  that  I,  or  my  heirs, 
shall  not  do,  or  knowingly  suffer  or  permit,  any  act,  deed,  matter  or  thing, 
whereby  said  premises  can,  shall  or  may  be  in  any  wise  impaired,  injured 
or  encumbered,  in  title,  interest,  charge,  estate  or  otherwise,  however. 
In  witness  [etc.,  as  in  Form  1228]. 


CHAPTEE  XCIII. 

TUENPIKE  COMPANIES. 

Companies  for  the  construction  of  turnpikes  and  plankroads  may  be  formed 
under  the  general  laws  of  the  State  of  New  York,  by  any  number  of  persons 
not  less  than  five.  The  statutes  prescribe  in  detail  the  moides  of  proceeding  to 
form  such  corporations,  and  to  lay  out  the  road. 

FAOB 

1294.  Articles  of  association t 671 

1295.  Notice  that  the  books  are  open  for  subscription 672 

1296.  Affidavit  of  directors  as  to  subscription 672 

1297.  Application  to  supervisors  to  lay  out  road 672 

1298.  Notice  of  application  to  supervisors 678 

1299.  Consent  of  land  owners  to  use  of  highway 673 

1800.  Kelease  of  right  of  way,  by  supervisor  and  highway  commissioners 673 


1294.  Articles  of  Association. 

Articles  of  association  made  this         day  of  ,18    ,  between  the 

subscribers : 

1.  The  undersigned  hereby  form  themselves  into  a  corporation  for  the 
purpose  of  constructing,  owning  and  keeping  in  repair  a  plankroad  from 

to  ,  to  be  called  and  known  as  the  Company,  and  to 

continue  for  the  period  of  years  from  the  date  hereof. 

2.  The  amount  of  capital  stock  of  said  company  shall  be  dollars, 
and  shall  consist  of            shares,  of            dollars  each. 

3.  The  affairs  of  the  company  shall  be  managed  by  a  board  of 
directors ;  the  first  directors,  until  others  are  legally  chosen,  shall  be  [here 
insert  names]. 


6T2  ABBOTTS'  FORMS. 


Superscription. 


4.  The  said  road  is  to  be  constructed  from  [here  designate  the  route,  ter- 
mini, etc.] 

5.  The  bona-fide  stockholders  owning  a  majority  of  the  capital  stock  of 
said  association  may,  at  any  legally  notified  meeting  of  the  members  there- 
of, adopt,  alter  or  amend  such  by-laws  as  are  proper  for  the  regulation  of 
the  affairs  of  the  corporation. 

6.  The  directors  shall  issue  scrip  to  those  entitled  to  stock  in  said  com- 
pany when  per  cent,  on  the  amount  of  such  stock  shall  have  been  paid 
by  them  thereon;  the  scrip' to  be  signed  by  the  president,  and  counter- 
signed by  the  secretary ;  and  the  treasurer  shall  indorse  upon  the  scrip  held 
by  any  stockholder  all  sums  paid  by  him  thereon,  and  the  time  when  paid. 

[Date.] 


NAMES  OF   SUBSORIBEES. 


PLACE  OF   EESIDEXCE. 


NTTMBEB  OF  SHARES. 


1295.  Notice  that  the  BooJcs  are  Open  for  Subscription. 

Notice  is  hereby  given,  that  books  for  subscribing  to  the  capital  stock  of 
the  [name  of  road]  to  be  constructed  from  [here  specify  the  termini  and 
route],  will  be  opened  at  ,  in  the  town  of  ,  between  the  hours  of 

and        ,  from  the        day  of  to  the        day  of  ,  inclusive. 

[Date.]  [Signature.] 

1296.  Affidavit  of  Directors  as  to  Subscription. 

OOXTNTT  OF  ,  88. 

A.  B.,  0.  D.  and  E.  F.  being  severally  sworn,  say,  that  they  are  the  direc- 
tors of  the  Company,  and  that  the  amount  of  capital  stock  required 
by  the  first  section  of  the  "Plankroad  Act,"  passed  May  7,  1847.  being  at 
least  $500  for  every  mile  of  the  road  intended  to  be  built  by  said  company, 
has  been  subscribed  in  good  faith,  and  that  at  least  5  per  cent,  on  such 
amount  has  been  paid  in  cash  to  the  directors  of  said  company  for  the  pur- 
poses specified  in  said  act. 

SwoBN  [etc.,  as  in  Form  1115].  [Signatures.] 

1297.  Application  to  Supervisors  to  Lay  Out  Road. 
To  the  supervisors  of  the  county  of  : 

The  directors  of  the  Company  hereby  apply  to  you  for  authority  to 

lay  out  and  construct  a  plankroad  from  [specifying  route,  width  and  ter- 
mini], and  to  take  the  real  estate  necessary  for . such  purpose;  and  that 
commissioners  may  be  appointed  to  lay  out  said  road. 
[Date.]  [Signature  of]  President. 

[Signature  of]  Secretary. 


"WAREANTS.  673 


Eight  of  Way  for  Turnpike. 


1298.  Notice  of  Application  to  Supervisors. 

Ifotice  is  hereby  given,  that  application  will  be  made  to  the  Board  of 

Supervisors  of  the  county  of  ,  at  their  [annual]  meeting  to  be  held  at 

,  in  the  county  of  ,  on  the        day  of  ,  18    ,  for  their 

assent  to  the  construction  of  a  plank  [or,  turnpike]  road,  from  the  of 

to  the  of  ,  in  said  county. 

[Date.]  [Signature.] 

1299.   Consent  of  Land  Owners,  to  Use  of  Eighicay. 

The  tjndeesigked,  owners  of  land  along  the  highway  leading  from 
to  ,  and  residing  on  said  highway,  hereby  consent  to  the  construction 

of  a  turnpike  [or,  plank]  road  upon  the  said  highway. 

[Date.]  [Signatures.] 

1300.  Release  of  Right  of  Way,  ty  Supervisor  and  Highway  Commissioners. 

This  agreement,  made  this        day  of  ,  between  A.  B.,  supervisor 

of  the  town  of  ,  in  the  county  of  ,  and  0.  D.  and  E.  F.,  commis- 

sioners of  highways  of  said  town,  of  the  first  part,  and  the  Com- 

pany of  the  second  part,  witnesseth  :  That  the  parties  of  the  first  part  grant 
and  convey  unto  the  parties  of  the  second  part,  in  consideration  of 
dollars  to  them  in  hand  paid  by  the  parties  of  the  second  part,  the  receipt 
whereof  is  hereby  acknowledged,  the  right  to  use  and  occupy  the  highway 
[describing  the  route],  for  the  purpose  of  constructing,  owning  and  using  a 
road  thereon,  during  the  time  it  shall  be  needed  or  required  therefor 
by  the  said  company. 

In  witness  whereof,  the  parties  of  the  first  part  have  hereunto  set  their 
hands,  this        day  of  ,  18    . 

In  presence  of  ^  [Signatures  and  titles.] 

[Signature  of  witness.] 


CHAPTER  XCIV. 

WARRANTS. 


A  "WAHRANT  is  a  written  authority  from  a  court  or  magistrate  authorizing 
and  directing  the  olficer  to  whom  it  is  addressed  to  do  some  act.  At  common 
law,  a  seal  is  deemed  essential  to  a  valid  warrant ;  but  the  statutes  often,  au- 
thorize warrants  in  particular  cases  without  seal.  A  warrant  should  be  ad- 
dressed to  some  ofl3cer,  but  it  may  designate  him  by  name,  or  may  be  directed 
to  any  of  several  officers  of  a  class. 

Various  forms  of  warrants  adapted  to  particular  proceedings  vrill  be  found 
in  their  places  in  other  chapters. 
43 


674  ABBOTTS'  FORMS. 


General  Principles. 


CHAPTER  XCY. 
WILLS. 

The  power  to  make  wUls  and  mode  of  executing  them,  vary  somewhat  in 
the  different  States. 

At  common  law,  all  persons  except  infants,  married  women  and  persons  of 
insuliicient  mind,  may  make  wills  of  real  or  personal  property ;  and  infants  of 
the  age  of  fourteen,  if  males,  and  twelve,  if  females,  may  make  wlls  of  personal 
property.    But  this  rule  has  been  generally  modified  by  statute. 

In  New  York,  the  statutes  are  to  the  effect  that  all  persons  except  idiots, 
persons  of  unsound  mind  and  infants,  may  devise  their  real  estate ;  and  that 
males  of  the  age  of  eighteen,  and  females  of  the  age  of  sixteen,  of  sound  mind 
and  memory,  may  bequeath  their  personal  estate,  thus  increasing  the  restriction 
which  the  common  law  laid  upon  infants,  but  removing  the  disability  of  mar- 
ried women. 

Unsoundness  of  mind  does  not  absolutely  disqualify  a  person.  If  there  is  a 
suflBcient  degree  of  mental  capacity  to  exercise  the  power  of  legal  choice,  or  if 
there  are  lucid  intervals,  in  one  of  which  the  will  is  made,  or  if  the  insanity 
relates  only  to  special  subjects  not  within  the  scope  of  the  testamentary  act,  the 
will  may  be  sustained,  if  intelligent  action  in  making  it  is  shown. 

A  gift  of  real  property  is  termed  a  devise :  a  gilt  of  personal  property,  a 
bequest  or  legacy. 

All  persons  may  take  personal  property  by  bequest,  and  all  persons  capable 
in  law  of  holding  real  property  may  take  real  property  by  devise. 

Corporations,  however,  cannot  take  real  property  by  devise,  unless  they  are 
specially  authorized  to  do  so  by  their  charters  or  other  laws.  And  by  a  recent 
act  in  New  York,  it  is  provided  that,  no  person  having  a  husband,  wife,  child 
or  parent,  shall  devise  or  bequeath  to  any  benevolent,  charitable,  literary,  scien- 
tific, religious  or  missionary  society,  association  or  corporation,  in  trust  or 
otherwise,  more  than  one-half  part  of  his  or  her  estate,  after  the  payment  of 
debts ;  and  such  devise  or  bequest  shall  be  valid  to  the  extent  of  one-half  and 
no  more.(o) 

Form. — No  particular  words  are  necessary  to  constitute  a  will.  With  an 
exception  in  favor  of  soldiers  and  sailors,  who  from  necessity  the  law  allows 
to  make  wills  verbally — called  nuncupative  wills — there  must  be  a  written 
statement  of  the  testator's  wish,  signed  by  him.  Any  statement,  however, 
which  makes  the  testamentary  character  apparent,  is  suflScient  to  give  the 
instrument  the  character  of  a  will.  • 

In  no  case  does  a  will  have  any  operation  until  the  testator's  death.  And  it 
may  be  made  upon  condition,  so  that  even  then  it  will  not  take  effect  except 
under  the  circumstances  specified.  Two  persons  may  make  a  conjoint  or 
mutual  win. 

It  is  very  common  to  commence  wills  with  a  formal  preamble,  reciting  the 
testator's  capacity  to  make  a  will,  and  the  feelings  which  move  him  to  the  act. 
These  phrases  are  not,  however,  of  any  legal  efficacy,  and  may  be  inserted  or 
not  at  pleasure. 

Execution. — As  to  the  manner  of  the  execution  of  wills,  the  law  is  precise 
and  stringent.  The  statutes  enacted  in  the  United  States  generally  require 
that  wUls  must  be  signed  in  the  presence  of  two  witnesses,  and  in  many  of  the 

(a)  Laios  of  1860,  607,  ch.  860. 


WILLS.  6t5 

General  Principles. 


States  three  witnesses  are  required.  But  in  a  few  States  an  exception  to  this 
rule  is  made  where  the  will  is  wholly  in  the  handwriting  of  the  testator, 
especially  if  it  be  found  among  his  papers,  or  disposes  only  of  personal  property. 
A  seal  is  usual,  but  is  not  always  required  by  the  statutes,  and  when  not  so 
required  is  not  necessary  to  the  validity  of  the  will,  except  the  will  contain  an 
appointment  in  execution  of  a  power  requiring  a  seal.  A  mark  may  be  a 
sufficient  signature  for  the  testator  or  for  a  witness ;  but  it  is  preferable  to  have 
a  witness  who  can  write  his  name. 

In  general,  a  beneficial  devise  or  bequest  to  a  subscribing  witness  is  void, 
unless  there  are  the  requisite  number  of  other  competent  subscribing  witnesses, 
BO  that  the  will  is  proved  without  resort  to  the  testimony  of  the  interested 
witness. 

It  is  usual  and  proper,  but  not  essential,  to  write  at  the  end  of  the  will,  be- 
low or  at  one  side  of  ths  testator's  signature,  a  statement  of  the  place,  time,  pur- 
pose and  circumstances  of  the  signatures  and  execution,  and  to  let  the  witnesses 
sign  below.  This  statement  is  called  the  attestation  clause.  The  advantage 
of  such  a  statement  is  in  facilitating  the  probate  of  the  will.  If  a  witness  has 
no  recollection  of  his  attesting  the  will,  but  recognizes  his  name  under  such  a 
statement  as  written  by  himself,  and  testifies  that  he  should  not  have  written 
it  there  had  he  not  known  the  statement  to  be  true,  the  courts  wUl  generally 
receive  this  as  supplying  his  defect  of  memory. 

The  attestation  must,  except  in  a  few  States,  be  in  the  presence  of  the  testator, 
but  need  not  necessarily  be  in  the  same  room,  if  he  is  so  placed  as  to  see  the  act. 
Against  the  name  of  every  witness  his  residence  or  address  should  be  written. 
In  some  of  the  States  this  is  required  by  law,  and  in  all  cases  it  is  convenient ; 
but  the  absence  of  this,  even  where  it  is  required,  does  not  invalidate  the  will. 

The  rules  prescribed  by  statute  in  the  various  States,  for  the  attestation  of 
wills,  are  stated  in  alphabetic  order  at  the  end  of  the  chapter. 


W1LL8  AUD  SPECIAL  CLAUSES.  PAGE 

1301.  Short  form 676 

1302.  A  will  bequeathing  several  legacies,  and  appointing  a  residuary 

legatee 676 

1303.  A  will  of  real  and  personal  estate 677 

1304.  Pecuniary  legacy 678 

1305.  Legacy  of  furniture 67S 

1306.  Legacy  of  dress  and  ornaments  to  wife 678 

1807.  Legacy  of  furniture,  etc.,  to  wife,  during  life  or  widowhood 678 

1308.  Legacy  of  furniture  to  be  divided  amongst  children 678 

1309.  Legacy  of  a  debt 678 

1310.  Legacy  of  a  share  under  another  person's  will 679 

1311.  Bequest  of  jewels,  etc.,  to  wife,  and  of  estate  in  household  effects 

for  life  or  widowhood 679 

1812.  Bequest  of  the  good-will  of  a  business 679 

1313.  Legacies  to  children,  with  directions  for  investment 679 

1314.  Legacy  to  an  infant,  to  be  paid  to  his  father 680 

1315.  Legacies  to  executors 680 

1316.  Pecuniary  legacy  to  a  married  woman 680 

1317.  Bequest  in  trust  for  unincorporated  society 680 

1318.  Bequest  to  a  corporation 680 

1319.  Bequest  on  condition 681 

1820.  Direction  that  legacies  shall  be  paid,  free  from  duty 681 

1321.  Direction  that  certain  legacies  shall  be  paid  in  full,  in  priority  to 

the  others 681 

1822.  Declaration  that  legacies  shall  not  be  in  satisfaction  of  debts 681 

1823.  Provision  that,  if  a  legatee  is  dead,  the  legacy  shal'  go  to  his  execu-  681 

tors  or  administrators 681 


676  ABBOTTS'  FORMS. 


Wills. 


PAGE 

1824.  Declartition  that  money  advanced  by  the  testator  during  his  life,  to 

his  children,  shall  be  deducted  from  their  portions  or  shares  of 
his  estate 681 

1825.  Declaration  that  advancement  shall  not  be  in  satisfaction  of  portions.  682 

1826.  Authority  to  executors  to  defer  calling  in  a  debt 682 

1327.  Bequest  of  an  annuity  to  be  purchased 682 

1328.  Direction  as  to  payment  of  annuities 682 

1329.  Bequest  of  fund  with  power  of  appointment 682 

1830.  Devise  of  house  and  lands  to  sou  on  his  attaining  twenty-one, 

with  power  to  trustees  to  apply  rents  and  profits  of  estate  during 
minority  of  son  for  his  benefit 683 

1831.  Devise  to  executors  in  trust,  with  power  to  sell,  etc 684 

1832.  Power  to  arrange  and  compromise 684 

1888.  Directions  to  executors  as  to  winding  ap  testator's  partnership 

business 684 

1334.  Clause  concerning  disputes 685 

1385.  Clause  releasing  debts  duo 685 

1836.  Appointment  of  executors 685 

1837.  Attestation  clause  describing  execution 686 

1838.  Attestation  of  will  according  to  the  laws  of  England 686 

II.  Codicils. 

1839.  Codicil  adding  a  new  provision 686 

1340.  Codicil  appointing  a  trustee  and  executor  in  the  place  of  a  deceased 

trustee  and  executor  appointed  by  the  testator's  will 686 

1341.  Codicil  revoking  the  appointment  of  one  of  trustees  and  executors, 

and  appointing  a  new  one  in  his  place 687 

1342.  Codicil  appointing  an  additional  trustee  and  executor 687 

III.  InSTBUCTIONS  FOK  execution  ACCOKDING  to  the  laws  of  the  VAKI0U3  STATES, 

ALPHABETICALLY  ABBANGED. 


I.  Wills  and  Speclal  Clauses. 
1301..  Short  Form. 

Tlie  will  of  A.  B.,  of  ,  [merchant]. 

1.  I  give,  devise  and  bequeath  all  my  property,  both  real  and  personal, 
to  0.  D.  [revoking  all  former  wills]. 

2.  I  appoint  E.  F.  the  executor  of  this  will. 

[Date.]  [Signature,'\ 

[Signatures  of  witnesses^  with  or 
without  attestation  clause,  for 
which  see  Form  1337.] 

1302.  A  Will  Bequeathing  Several  Legacies,  and  Appointing  a  Residuary 

Legatee. 

I,  A.  B.,  of  ,  [merchant],  declare  this  to  be  my  last  will  and  testa- 

ment. 

1.  I  bequeath  to  my  wife,  C.  B.,  all  the  fixtures,  prints,  books,  plate, 
linen,  china,  wines,  liquors,  provisions,  household  goods,  furniture,  chattels 
and  effects  (other  than  money  or  securities  for  money),  which  shall  at  my 
death  be  in  or  about  my  dwelling-house  and  premises  at 


WILLS.  677 

Eeal  and  Personal  Estate. 


2.  I  bequeath  to  my  said  wife  the  sura  of  dollars,  to  be  paid  to  her 
within  one  month  after  my  death,  without  interest. 

3.  I  also  give  and  bequeath  to  my  said  wife  the  sum  of  dollar8(5). 

4.  I  also  bequeath  the  following  legacies  to  the  several  persons  hereafter 
named :  To  my  nephew,  E.  F.,  the  sura  of  dollars ;  to  my  cousin,  G. 
H.,  the  sum  of  dollars ;  and  to  my  friend,  J.  K.,  the  sum  of  dol- 
lars [and  so  on  with  other  pecuniary  legacies], 

5.  I  also  bequeath  to  each  of  my  domestic  servants  who  shall  be  living 
with  me  at  the  time  of  my  death  in  the  capacity  of  [state  the  description  of 
servants  to  whom  the  legacies  are  to  he  given]  one  year's  wages,  in  addition 
to  what  may  be  due  to  them  at  that  time. 

6.  AU  the  rest,  residue  and  remainder  of  my  real  and  personal  estate  I 
devise  and  bequeath  to  E.  S.,  his  heirs,  executors,  administrators  and  as- 
signs, absolutely  forever. 

7.  I  appoint  T.  U.  and  V.  "W.  executors  of  this  my  will. 
In  witness  [etc.,  as  in  Form  1337J. 


1303.  A  Will  of  Eeal  and  Personal  Estate. 

I,  A.  B.,  of  the  town  of  ,  in  the  county  of  ,  and  State 

of  ,  [merchant],  declare  this  to  be  my  last  will  and  testament : 

1.  I  give  and  bequeath  to  my  wife,  0.  B.,  dollars,  to  be  received 
by  her  in  lieu  of  dower. 

2.  To  my  son,  E.  B.,  dollars  [which  said  several  legacies  I  direct  to 
be  paid  within            after  my  decease]. 

3.  I  give  and  devise  to  my  son,  E,  B.  aforesaid,  his  heirs  and  assigns,  all 
[here  designate  the  property],  together  with  all  the  hereditaments  and  ap- 
purtenances thereunto  belonging  or  in  any  wise  appertaining:  to  have  and 
to  hold  the  premises  above  described  to  the  said  E.  B.,  his  heirs  and  assigns, 
forever. 

4.  I  give  and  devise  all  the  rest,  residue  and  remainder  of  my  real  prop- 
erty, of  every  name  and  nature  whatsoever,  to  my  said  daughter,  M.  B. 
[and  my  daughter,  O.  B.,  to  be  divided  equally  between  them,  share  and 
share  alike]. 

5.  I  give  and  bequeath  all  the  rest,  residue  and  remainder  of  rtiy  personal 
property,  of  what  nature  or  kind  soever,  to  my  said  wife,  0.  B. 

6.  I  hereby  appoint  E.  B.  the  sole  executor  of  this  will,  revoking  all  for- 
mer wills  by  me  made. 


In  witness  [etc.,  as  in  Form  1337]. 


7 
(b)  The  object  of  leaving  two  legacies  small  legacy  sufficient  for  current  ex- 
to  the  wife  is,  that  the  executor  will  prob-  penses,  although  he  might  not  be  able  to 
ably  be  able  to  ascertain  in  a  short  time  pay  the  second,  which  may  be  made  suf- 
whether  tide  estate  be  solvent,  and  may  lioient  for  a  permanent  provision  for  the 
then  have  the  means  of  paying  the  wife  a    wife. 


678  ABBOTTS'  FOEMS. 


Legacies. 


1304.  Pecuniary  Legacy. 

I  bequeath  to  my  said  wife  the  sura  of  dollars  [to  be  paid  to  her 

within  month    after  my  death](c) 

1305.  Legacy  of  Furniture. 

I  give  and  bequeath  to  [namel  all  the  household  furniture,  books,  works 
of  art,  and  other  chattels  and  effects,  together  with  wines,  liquors,  fuel, 
housekeeping  provirions  and  other  consumable  stores,  which  shall  at  my 
decease  be  in  or  about  my  dwelling-house  at  ,  except  [stating  reser- 

vations, if  any — e.  g.:']  money  and  securities  for  money,  evidences  of  debt 
and  of  title,  and  accounts,  vouchers  and  manuscripts. 

1306.  Legacy  of  Dress  and  Ornaments  to  Wife. 

I  give  and  bequeath  to  my  wife  [namel  absolutely  all  her  paraphernalia, 
wearing  apparel  and  linen,  and  the  watches,  rings,  trinkets,  jewels  and  per- 
sonal ornaments  usually  worn  by  her,  or  reputed  to  belong  to  her. 


1307.  Legacy  of  Furniture,  etc.,  to  Wife  During  Life  or  Widowhood. 

I  give  and  bequeath  to  my  wife  during  her  life,  and  so  long  as  she  shall 
remain  a  widow,  the  use  of  all  [etc.,  as  above].  And  after  her  decease  or 
remarriage,  I  give  and  bequeath  the  same  to  [name']  absolutely  if  he  [or, 
che]  should  be  living  at  the  decease  or  remarriage  of  my  wife ;  but  if  he 
[or,  she]  should  be  dead,  then  to  [several  parties  may  here  he  named  in  suc- 
cession; or,  in  case  the  will  hag  directed  the  testator^s  property  to  be  sold, 
and  the  proceeds  held  in  Pru«t,  say :  and  after  her  decease  or  remarriage,  I 
direct  my  executors  and  trustees  to  sell  the  same,  and  add  the  proceeds  to 
the  trust-fund,  under  this  my  will]. 

1308.  Legacy  of  Furniture  to  be  Divided  Amongst  Children. 

I  bequeath  to  my  children  who  shall  be  li\Ting  at  the  time  of  my  death 
all  [etc.,  as  above],  equally  to  be  divided  between  them  ;  and  if  any  dispute 
should  arise  with  respect  to  the  division,  I  authorize  my  executors  to  dis- 
tribute the  said  effects  equally  amongst  my  said  children.  \ 

1809.  Legacy  of  a  Debt. 

I  bequeath  to  K.  B.  any  debt  which,  at  the  tim^  of  my  decease,  shall  be 
owing  from  him  to  me,  together  with  any  interest  then  due  thereupon. 

(c)  The   general  time  for  payment  of  in  the  text,  a  direction  should  be  added 

legacies  is  not  till  twelve  months  after  as  to  its  payment  within  a  limited  time, 

the  testator's  death.     If  the  legacy  be  as  above, 
given  for  present  purposes,  as  in  the  case 


WILLS.  679 

Legacies. 

1310.  Legacy  of  a  Share  Under  Another  Person's  Will, 

And  whereas  under  the  ■will  of  [name]  I  am  entitled  to  a  share  in 

his  residuary  personal  estate,  I  bequeath  the  said  share  to  [name]. 


1311.  Bequest  of  Jewels,  etc.,  to  Wife,  and  of  Estate  in  HouseholdL  Effects, 
for  Life  or  Widowhood. 
I  give  and  confirm  to  my  dear  wife  all  the  jewels,  trinkets  and  personal 
ornaments  worn  or  used  by  her  during  my  lifetime ;  and  I  also  give  to  her 
all  my  wines,  liquors  and  other  consumable  stores,  and  all  my  horses  and 
carriages,  for  her  absolute  use  and  benefit.  I  give  all  my  plate  and  plated 
articles,  books,  pictures  and  prints  unto  my  said  wife,  to  use  and  enjoy  the 
same  during  her  life,  if  slie  shall  so  long  continue  my  widow ;  and  from  and 
after  her  decease  or  second  marriage  (whichever  shall  first  happen),  to  such 
son  of  me  as  shall  first  attain  the  age  of  twenty-one  years.  I  give  my  lease- 
hold dwelling-house,  being  No.  ,  etc.  [describing  it],  and  all  my  furniture 
and  household  efi'ects  being  in  or  about  or  appropriated  or  belonging  to  the 
said  dwelling-house,  other  than  and  not  being  plate  or  plated  articles,  books, 
pictures  or  prints,  unto  my  said  wife,  to  occupy  the  said  dwelling-house, 
and  to  use  and  enjoy  the  said  furniture  and  household  effects  during  her 
life,  if  she  shall  so  long  continue  my  widow,  she  paying  the  ground-rent, 
and  all  taxes  and  outgoings  payable  in  respect  of  the  said  dwelling-house, 
and  observing  and  performing  the  covenants  contained  in  the  lease  under 
which  the  same  is  or  at  my  decease  shall  be  held.  And  I  declare  that  from 
and  after  the  decease  or  second  marriage  of  my  said  wife  (whichever  shall 
first  happen),  the  said  dwelling-house,  furniture  and  household  effects  shall 
sink  into  and  form  part  of  my  residuary  estate. 

1312.  Bequest  of  the  Good-will  of  a  Business. 

I  give  and  bequeath  the  good-will  and  benefit  of  the  business  of  , 

which  I  am  now  carrying  on  at  ,  and  also  all  my  capital  and  property 

which  shall  be  employed  therein  at  my  decease,  and  also  tlie  leasehold 
premises  situate  and  being  No.  ,  at  ,  aforesaid,  wherein  the  said 

business  is  now  being  carried  on,  for  all  my  term  and  interest  therein,  unto 
my  son  ,  absolutely. 

1313.  Legacies  to  Children,  With  Directions  for  Investment. 

I  bequeath  to  each  of  my  children,  C.  D.,  E.  F.  and  G.  H.,  the  sum  of 
dollars,  with  interest  at  the  rate  of  per  cent,  per  annum,  from  my 

death  till  the  payment  thereof,  such  interest  to  be  paid  half-yearly.  And  I 
hereby  declare,  that  if  my  said  daughter,  G.  H.,  shall  be  under  twenty-one 
years  at  ray  death,  and  shall  not  have  married,  the  legacy  hereby  given  to 
her  shall  be  retained  by  my  trustees  hereinafter  named,  their  executors  or 
administrators,  upon  trust,  to  pay  the  same  to  her  when  she  shall  attain 
twenty-one  years  or  marry ;  and  upon  trust  in  the  mean  time  to  pay  the  in- 


680  ABBOTTS'  FOEMS. 


Legacies. 


terest  of  such  legacy  to  her,  and  her  receipt,  notwithstanding  lier  infwcy, 
to  be  an  effectual  discharge  for  the  same ;  and  if  the  said  G.  II.  shall  n  jt  at- 
tain twenty-one  years  or  marry,  the  same  legacy  shall,  upon  lier  death, 
sink  into  my  residuary  estate.  ((Z) 


1814.  Legacy  to  An  Infant^  to  be  Paid  to  His  Father. 

I  bequeath  to  0.  D.,  of  ,  the  sum  of  dollars ;  and  if  the  said 

0.  D.  shall  be  under  twenty-one  years  when  the  same  legacy  shall  be  pay- 
able, I  direct  the  same  legacy  to  be  paid  to  his  father,  E.  D,,  of,  etc.,  to  be 
managed  by  him  at  his  discretion,  for  the  benefit  of  his  said  son,  till  he 
shall  attain  twenty-one  years ;  in  such  case  the  receipt  of  the  said  E.  D.  to 
be  an  effectual  discharge  for  the  same  legacy. 


1315.  Legacies  to  Executors. 

And  I  do  hereby  nominate  and  appoint  the  said  0.  D.  and  E.  F.  executors 
of  this  will.  And  I  bequeath  to  such  of  them  as  shall  act  in  the  execution 
of  this  my  will  the  sum  of  dollars  apiece.(6) 

1316.  Pecuniary  Legacy  to  a  Married  Woman. 

I  bequeath  to  A.  B.,  wife  of  0.  D.,  the. sum  of  dollars.     And  I  de- 

clare that  said  sum  shall  be  for  her  sole  and  separate  use  and  benefit,  and 
that  her  receipt,  notwithstanding  her  present  or  any  future  marriage,  shall 
be  a  valid  and  effectual  discharge  of  the  same. 


1317.  Bequest  in  Trust  for  Unincorporated  Society. 

I  give  and  bequeath  to  A.  B.  and  C.  D.,  and  to  their  successors  forever, 
the  sum  of  dollars,  in  trust,  for  the  benefit  of  such  undergraduate 

students  of  the  collegiate  department  of  the  University  of  ,  as  shall 

be,  or  shall  from  time  to  time  become,  members  of  a  literary  association  or 
society  now  organized  among  said  students,  and  known  as  the  Society, 

of  which  society  I  am  a  graduate  member,  to  be  applied  by  the  said  trus- 
tees to  educational  purposes  for  their  benefit,  in  manner  following  [stating 
application]. 

1318.  Bequest  to  a  Corporation. 

I  give  and  bequeath  to  [stating,  if  possible,  the  full  name  of  the  corpora- 
tion, or,  if  not  certainly  Tcnown,  describing  it],  at  ,  the  sum  of 

{d)  This  is  a  convenient  proviso  in  the  mark  whether  the  legacies  be  given  to 

ease  of  legacies  of  small  amount  to  in-  them  qua  executors  or  not.    If  a  legacy 

fauts.  be  given  to  an  executor,  it  is  held  that  it 

(<)  If  legacies  be  given  to  executors,  is  on  his  acting  as  such  ;  XnX,  by  giving  it 

care  should  be  taken,  as  in  the  text,  to  as  in  the  text,  all  question-i  are  avoided. 


WILLS.  ()81 

Legacies. 

dollars,  to  be  applied  to  the  uses  of  said  society  [or,  college,  or  otherwise. 
Any  particular  oiject,  such  as  the  endowment  of  a  professorship,  may  be 
here  stated.] 

1819.  Bequest  on  Condition. 

Whereas  the  trustees  of  H.  College  are  now  engaged  in  an  effort  to  en- 
large its  sphere  of  action,  and  give  it  greater  efficiency  in  promoting  edu- 
cation, and  being  desirous,  if  such  effort  shall  prove  successful,  of  still  fur- 
ther enlarging  its  sphere  and  efficiency  by  endowing  a  professorship  of 
in  said  college :  Therefore  I  give  and  bequeath  to  said  [here  insert 
full  name],  the  sum  of  dollars,  to  be  paid  within  years  afier 

my  death,  for  the  purpose  of  founding  and  permanently  endowing  a  pro- 
fessorship of  in  said  college ;  upon  condition,  however,  that  the  sum 
of  dollars  shall,  within  years  from  the  time  of  my  death,  be 
raised  for  the  purpose  of  endowing  two  other  professorships,  and  paying 
the  indebtedness  of  said  college. 

1320.  Direction  that  Legacies  Shall  le  Paid  Free  from  Duty. 

And  I  direct  that  all  legacies  given  by  my  said  wiU,  or  any  codicil  thereto, 
shall  be  paid  free  from  legacy  duty  or  tax. 


1321.  Direction  that  Certain  Legacies  Shall  he  Paid  in  Pull  in  Priority 

to  the  Others. 

I  direct  that  the  legacies  hereinbefore  given  to  [naming  the  legatees']  shall 
be  paid  in  priority  to  any  other  legacy  given  by  my  will. 


1322.  Declaration  that  Legacies  Shall  Not  he  in  Satisfaction  of  Debts. 

I  direct  that  no  legacy  or  gift  contained  in  my  will  shall  (except  where 
a  contrary  intention  is  expressed)  be  taken  to  be  in  satisfaction  of  any  debt 
owing  by  me. 


1323.  Provision  that  if  a  Legatee  is  Dead,  the  Legacy  Shall  Go  to  His  Exec- 
utors or  Administrators. 

And  if  any  legatee  be  now  dead,  or  die  before  me,  I  give  the  legacy  in-* 
tended  for  him  or  her  to  his  or  her  executors  or  administrators,  to  be  ap- 
plied as  if  the  same  had  formed  part  of  the  personal  estate  of  such  legatee 
at  his  or  her  decease. 


1324.  Declaration  that  Money  Advanced  by  the  Testator  During  His  Life  to 
His  Children  Shall  he  Deducted  from  their  Portions  or  Shares  of  His 

Estate. 

I  declare  that  all  such  moneys  as  I  have  or  shall  have  advanced  to  any  of 
my  said  children,  or  as  shall  be  owing  to  me  from  any  of  them  at  my  de- 


682  ABBOTTS'  FORMS. 


Special  Provisions. 


cease,  shall  be  considered  as  part  of  my  residuary  estate,  and  shall  be  de- 
ducted from  his,  her,  or  their  respective  shares. 


1325.  Declaration  that  Advancement  Shall  2^ot  be  in  Satisfaction  of 
Portions. 

I  declare  that  such  advancements  as  I  may  have  made,  or  may  hereafter 
make,  to  any  of  my  children  [o?-,  nephews  and  nieces,  etc.],  shall  bo  in  ad- 
dition to,  and  not  in  satisfaction  of,  any  legacies,  portions  or  other  benefit 
given  them  by  my  will. 


1326.  Authority  to  Executors  to  Defer  Calling  in  a  Debt. 

I  authorize  and  empower,  but  do  not  require,  my  executors  to  defer  and 
postpone  the  requiring  payment  of  any  debt  [carrying  interest]  which  may 
be  owing  to  me  from  [name]  at  the  time  of  my  decease,  for  such  period  as 
my  executors  shall  think  fit. 

1327.  Bequest  of  an  Annuity  to  he  Purchased. 

I  give  and  bequeath  an  annuity  of  dollars  to  ,  for  her  life, 

for  her  sole  and  separate  use ;  and  for  this  purpose  I  direct  my  executors, 
within  months  after  my  decease,  to  lay  out  a  sufficient  portion  of  my 

personal  estate,  in  the  purchase  of  such  an  annuity  as  aforesaid,  in  her  name, 
from  some  incorporated  company ;  but  neither  she  nor  any  person  claiming 
under  her  shall  be  entitled  to  claim  or  accept  in  lieu  or  satisfaction  thereof 
the  sum  which  may  be  required  for  the. purchase  of  such  annuity. 


1328.  Direction  as  to  Payment  of  Annuities. 

And  I  direct  that  the  said  annuity  of  dollars  shall  be  paid  clear  of 

all  deductions,  except  legacy  duty  or  tax,  by  equal  half-yearly  payments,  the 
first  payment  to  be  made  at  the  end  of  six  calendar  months  from  my  death. (/; 

1329.  Bequest  of  Fund^with  Power  of  Appointment. 

[Add,  after  gift  to  the  trustees :]  upon  trust  that  they,  the  said  trustees  or 
trustee,  shall,  after  the  death  or  marriage  of  my  said  wife,  whichever  shall  first 
happen  after  my  death,  raise  tlie  sum  of  dollars,  or  so  much  thereof 

as  the  said  trust  moneys,  stocks,  funds  and  securities  will  be  sufficient  to 
raise,  and  shall  pay  the  same  sum  of  dollars,  or  so  much  thereof  as  shall 

be  produced  by  the  said  trust  moneys,  stocks,  funds  and  securities  as  afore- 

(f)  The  will  should  specify  the  time  from  the  testator's  death ;  so  that  the 

when  payment  of  an  annuity  given  by  it  first  payment  of  an  annuity,  directed  to 

shall  commence  ;  if  no  time  be  mentioned,  be  paid  half  yearly,  will  not  take  place 

the  annuity,  like  all  other  legacies,  will  till  eighteen  months  from  the  deatli  of 

not  begin  to  be  payable  till  twelve  months  the  testator. 


WILLS.  683 

Devises. 

said,  unto  and  amongst  all  and  every  or  such  one  or  more  exclusively  of  the 
others  or  other  of  my  said  son  E.  F.,  and  my  said  three  daughters  G.  H.,  I.  K. 
and  L.  M.,  at  such  times,  and  in  such  proportions,  and  with  such  restric- 
tions and  limitations  over,  such  limitations  over  being  for  the  benefit  of 
some  one  or  more  of  my  said  last-named  son  and  daughters,  as  my  said 
wife,  at  any  time  during  her  widowhood,  by  any  deed,  with  or  without 
power  of  revocation  and  new  appointment,  or  by  her  will  or  codicil,  shall 
appoint.  And  in  default  of  such  appointment,  or  so  far  as  no  such  appoint- 
ment shall  extend,  then,  as  to  the  said  sum  of  dollars,  or  so  much 
thereof  whereto  no  such  appointment  shall  extend ;  as  also  to  the  surplus 
(if  any)  of  the  said  trust  moneys,  stocks,  funds  and  securities  after  the  pur- 
poses aforesaid  shall  be  answered,  upon  trust  that  the  said  trustees  or 
trustee  shall  hold  the  same  in  trust  for  my  said  son  E.  F.,  and  my  said 
daughters  G.  H.,  L  K.  and  L.  M.,  or  such  of  them  as  shall  be  living  at  my 
death,  and  the  issue  of  such  of  them  as  shall  be  then  dead  leaving  issue, 
equally  to  be  divided  between  them  if  more  than  one,  the  issue  of  such  of 
them  as  shall  be  then  dead  to  take  the  shares  which  their  respective  parents 
would  have  taken  if  then  living. 


1330.  Devise  of  House  and  Lands  to  Son  On  His  Attaining  Twenty- One, 
with  Power  to  Trustees  to  Apply  Rents  and  Profits  of  Estate  During 
Minority  of  Son  for  His  Benefit. 

I  give  and  devise  my  messuage  or  dwelling-house  in  which  I  am  now- 
residing,  called  ,  together  with  the  pleasure-grounds,  lands,  gardens, 
out-buildings  and  appurtenances  thereunto  belonging,  or  therewith  usually 
held  or  enjoyed,  and  also  all  that  piece  or  parcel  of  land,  situate  and 
being  in  ,  which  I  lately  purchased  of  ,  and  which  is  now  in  the 
tenure  or  occupation  of  ,  his  under-tenants  or  assigns,  unto  0.  D.,  of, 
etc.,  and  E.  F.,  of,  etc.,  and  their  heirs,  to  the  use  of  my  son  F.  B.,  his  heirs 
and  assigns :  Provided  always,  and  I  hereby  declare  that  if  the  said  F.  B. 
shall  die  under  the  age  of  twenty-one  years,  or  in  my  life-time,  then  and  in 
such  case  the  said  messuage  and  other  the  premises  hereinbefore  devised, 
shall  form  part  of  my  residuary  real  estate  hereinafter  devised :  And  I  direct 
that  if  the  said  F.  B.  shall  be  under  the  age  of  twenty-one  years  at  my 
decease,  the  said  0.  D.  and  E.  F.,  or  the  survivor  of  them,  or  the  executors 
or  administrators  of  such  survivor  or  other,  they,  the  trustees  or  trustee  for 
the  time  being  of  this  my  will,  shall  enter  into,  and  during  the  minority  of 
the  said  F.  B.  remain  in  the  possession  or  receipt  of  the  rents  and  profits  of 
the  said  messuage  and  premises  hereinbefore  devised,  and  shall  apply  the 
whole  or  such  part  as  they  or  he  shall  think  fit  of  the  said  rents  and  profits, 
for  or  towards  the  maintenance  and  education  of  the  said  F.  B.,  and  shall 
invest  the  surplus  (if  any)  of  the  said  rents  and  profits,  and  all  the  resulting 
income  thereof,  in  or  upon  some  or  one  of  the  stocks,  funds  or  securities 
hereinafter  authorized  as  investments,  with  power  to  vary  the  said  invest- 
ments from  time  to  time  into  or  for  others  of  the  same  or  a  like  nature,  and 
with  power  also  to  resort  to  the  accumulations  of  any  preceding  year  or 


684  ABBOTTS'  FORMS. 


Devises.  Powers. 

years,  and  to  apply  the  same  for  the  maintenance  and  edncation  of  my  said 
son:  And  I  declare  that  the  said  accumulations,  or  so  much  thereof  as  shall 
not  be  applied  as  aforesaid,  shall  be  paid  and  transferred  to  my  said  son,  as 
and  when  he  shall  attain  the  age  of  twenty-one  years,  but  if  he  shall  die 
under  that  age,  then  the  same  shall  sink  into  and  form  part  of  my  residuary 
personal  estate:  And  I  also  declare  that  during  such  minority  the  said 
trustees  or  trustee  shall  be  at  liberty  to  let  the  said  messuage  and  lands  for 
any  term  not  exceeding  seven  years  in  possession,  and  in  other  respects  to 
manage  the  same  as  they  or  he  shall  think  fit. 


1331.  Devise  to  Executors  in  Trust,  with  Power  to  Sell,  etc. 

1  give  and  devise  all  my  real  and  personal  estate,  of  what  nature  or  kind 
soever,  to  0.  D.  and  E.  F.,  my  executors  hereinafter  appointed,  in  trust,  for 
the  execution  of  my  will,  with  power  to  sell  and  dispose  of  the  same,  at 
public  or  private  sale,  at  such  times,  and  upon  such  terms,  and  in  such 
manner,  as  to  them  shall  seem  meet  [provided,  however,  that  no  part  of 
my  real  estate  shall  be  sold,  until  after  the  expiration  of  years  fron. 

my  decease]. 

1332.  Power  to  Arrange  and  Compromise. 

And  I  appoint  the  said  E.  F.  and  G.  H.  executors  of  this  my  will ;  and 
authorize  the  acting  executors  or  executor  for  the  time  being  of  this  my 
will,  to  satisfy  any  debts  claimed  to  be  owing  to  me  or  my  estate,  and  any 
liabihties  to  which  I  or  my  estate  may  be  alleged  to  be  subject,  upon  any 
evidence  they  or  he  shall  think  proper,  and  to  accept  any  composition  or 
security  for  any  debt,  and  to  allow  such  time  for  payment  (either  with  or 
without  taking  security)  as  to  the  said  acting  executors  or  executor  shall 
Beem  fit,  and  also  to  compromise,  or  submit  to  arbitration,  and  settle  all 
accounts  and  matters  belonging  or  relating  to  my  estate,  and  generally  to 
act  in  regard  thereto,  as  they  or  he  shall  deem  expedient,  without  being 
responsible  for  any  loss  thereby  occasioned. 


1333.  Directions  to  Executors  as  to  Winding  Up  Testator's  Partnership 

Business. 

And  with  respect  to  my  share  and  interest  in  the  business  of  ,  now 

carried  on  by  me  at  ,  in  partnership  with  \names\  ynder  the 

firm  of  and  Co.,  I  empower  the  executors  or  executor  for  the  time 

being  of  this  my  will,  to  adjust  and  settle  all  accounts  and  transactions 
relating  to  the  said  partnership  business,  and  to  wind  up  the  afRiirs  and 
concerns  thereof  and  ascertain  the  amount  of  my  share  and  interest  therein, 
either  adcording  to  the  provisions  of  the  articles  of  partnership  under  which 
the  said  business  shall  be  carried  on  at  my  decease,  or  upon  such  other 
terms  and  in  such  other  manner  as  may  be  agreed  on  between  them  or  him 
and  my  surviving  partners  or  partner,  with  power  for  the  said  executors  or 


WILLS.  685 

Special  Provisions. 


executor  to  refer  to  arbitration,  or  otherwise  to  compromise  or  settle  any 
question  that  may  arise  in  or  about  the  winding  up  of  the  said  concern,  in 
such  manner  as  they  or  he  may  think  fit,  and  generally  to  do  and  execute 
all  such  acts  and  things  in  relation  to  the  premises  as  may  appear  to  them 
or  hi-m  necessary  or  expedient,  without  being  answerable  for  any  loss  which 
may  arise  thereby:  And  I  authorize  the  said  executors  or  executor,  if  they 
or  he  shall  in  their  or  his  discretion  think  fit,  to  permit  the  whole  or  any 
part  of  the  amount  which  on  taking  the  -accounts  of  the  said  partnership 
shall  appear  to  be  due  to  my  estate,  as  and  for  my  share  and  interest  in  the 
said  business,  to  remain  in  the  said  business  as  a  loan  for  any  period  not 
exceeding  seven  years  from  my  decease,  but  so  that  the  repayment  thereol^ 
with  interest  after  the  rate  of  per  cent,  per  annum,  shall  be  secured 

by  the  joint  and  several  bond  of  the  persons  or  person  for  the  time  being, 
continuing  to  carry  on  the  said  business  either  with  or  without  any  other 
security  for  the  same,  as  the  said  executors  or  executor  shall  think  fit : 
And  subject  to  the  provisions  hereinbefore  contained  as  to  the  said  busi- 
ness, I  empower  my  trustees  or  trustee  to  postpone  the  sale  and  conversion 
of  my  real  and  personal  estate  for  so  long  as  they  or  he  shall  think  fit. 


1334.   Clame  Concerning  Disputes. 

My  express  will  is,  and  I  hereby  order  and  appoint,  that  if  any  diflference 
shall  arise  or  happen,  concerning  any  gift,  bequest  or  other  thing  in  this 
will,  no  suit  shall  be  brought  concerning  the  same,  but  the  same  shall  be 
referred  wholly  to  the  award  of  my  friends  C.  D.  and  E.  F.  both  of  , 

and  what  they  shall  order,  direct  or  determine  therein,  shall  be  binding  and 
conclusive  on  all  persons  concerned. 


1335.  Clause  Releasing  Debts  Due. 

"Whereas  there  are  considerable  sums  of  money  due  and  owing  to  mo 
upon  bonds,  biUs  and  otherwise,  fi-om  my  relations  hereinbefore  named, 
which  I  desire  to  release,  I  do  hereby  direct  that  all  such  evidences  of  debt 
shall  be  cancelled  and  destroyed  by  my  executors  immediately  after  my 
death ;  and  I  hereby  discharge  my  relations  hereinbefore  named,  and  their 
heirs,  executors  and  administrators,  from  the  payment  of  any  debts  due  and 
owing  to  me  or  my  estate,  upon  any  account  whatsoever,  without  any  abate- 
ment of  the  legacies  hereinbefore  given  to  them  respectively. 


1336.  Appointment  of  Eh^cutors. 

I  appoint  my  wife  [name]  and  A.  B.  and  0.  D.  to  be  executors  [and 
trustees]  of  my  will ;  [but  if  my  wife  should  marry  again,  she  shall  there- 
upon cease  to  be  an  executor  and  trustee  of  my  will,  which  shall  thenceforth 
take  eifect,  and  be  executed  in  the  same  or  in  like  manner  as  if  the  said  A.  B. 
and  C.  D.  had  been  originally  appointed  the  sole  trustees  and  executors]. 


686  ABBOTTS'  FORMS. 


Attestation  of  Wills. 


1337.  Attestation  Clause,  Describing  Execution  According  to  the  Laws  of 

New  York. 

Ik  witness  whebeof,  I  [name  of  testator]  have  to  this  my  last  will  and 
testament,  consisting  of  sheets  of  paper,  subscribed  my  name  [and  set 

my  seal]  this        day  of  ,  18    . 

[Signature,  with  or  without  seal.] 

StJBSORiBED  by  the  testator  in  the  presence 
of  each  of  us  [or,  Acknowledged  by  the  testator 
to  each  of  us  to  have  been  subscribed  by  him], 
and  at  the  same  time  declared  by  him  to  us 
to  be  his  last  will  and  testament,  and  there- 
upon we,  at  the  request  of  the  testator,  sign 
our  names  hereto  as  witnesses,  this  day 

of  ,  18    ,  at 

[Signatures  and  addresses 
of  witnesses.] 

1388,  Attestation  of  Will  According  to  the  Laws  of  England. 

In  wriNESS  woeeeof,  I,  the  said  A.  B.,  have  hereunder  set  my  hand,  this 
day  of  ,  18    .  [Signature  of  testator.] 

Signed  and  declared  by  the  said  A.  B.,  as 
and  for  his  last  will  and  testament  in  the 
presence  of  us  (both  being  present  at  the  same 
time),  who,  at  his  request,  in  his  presence  and 
in  the  presence  of  each  other,  have  hereunto 
subscribed  our  names  as  witnesses, 

[Signatures  of  witnesses.] 

II,  Codicils. 
1339.  Codicil  Adding  a  New  Provision. 

I,  A.  B.,  of  ,  having  made  my  last  will  and  testament  bearing  date 

the        day  of  ,  do  now  make  this  codicil,  to  be  taken  as  a  part  of  the 

same :  First,  I  hereby  ratify  and  confirm  said  will  in  every  respect,  save  so 
far  as  any  part  of  it  is  inconsistent  with  this  codicil :  Second,  in  case  I  die 
before  my  husband,  I  give  and  bequeath  to  him,  and  to  his  heirs  and 
assigns  forever,  unconditionally  and  without  reserve,  all  the  real  and  per- 
sonal property  belonging  to  me  at  my  death,  and  in  case  he  [my  said  hus- 
band] should  die  first,  then  this  codicil  to  be  of  no  eflfect. 

In  witness  [etc.,  as  in  Form  1337], 


1340.  Codicil  Appointing  a  Trustee  and  Executor  in  the  Place  of  a  Deceased 
Trustee  and  Executor  Appointed  by  the  Testator^s  Will. 

Codicil  to  the  last  will  and  testament  of  me.  A,  B.,  of  ,  which 

bears  date  the        day  of  :  Whereas  by  my  said  will  I  have  appointed 


WILLS.  687 

Codicils, 

C.  D.  to  be  one  of  the  trustees  and  executors  thereof  [and  also  one  of  the 
guardians  of  my  infant  children  after  the  decease  of  my  wife] :  And  whereas 
the  said  C.  D.  having  lately  died,  I  am  desirous  that  E.  F.,  of  ,  shall 

be  substituted  as  a  trustee  and  executor  of  my  said  will  [and  a  guardian  of 
my  infant  children]  in  the  place  of  the  said  0.  D.,  deceased ;  I  do  hereby 
declare  that  my  said  will  shall  be  construed  and  take  effect  as  if  the  name 
of  the  said  E.  F.  were  inserted  in  ray  said  will  throughout  instead  of  the 
name  of  the  said  0.  D. :  And  in  all  other  respects  I  do  confirm  my 
said  will. 
In  witness  [etc.,  as  in  Form  1337]. 

% 

1341.  Codicil  RevoJcing  the  Appointment  of  One  of  Trustees  and  Executors, 
and  Appointing  a  New  One  in  His  Place. 

A  ooDioiL  [etc.,  as  above] :  Whereas  by  my  said  will  I  have  appointed 
0.  D.  to  be  one  of  the  trustees  and  executors  thereof  [and  also  one  of  the 
guardians  of  my  infant  children  after  the  decease  of  my  wife],  and  I  have 
given  him  a  legacy  of  dollars  for  his  trouble  in  acting  as  such  trustee 

and  executor :  Now  I  hereby  revoke  the  appointment  of  the  said  C.  D.  as 
such  trustee  and  executor  [and  guardian],  and  also  the  said  legacy  given  to 
him  as  afoi'esaid :  And  I  appoint  E.  F.,  of  ,  to  be  a  trustee  and  executor 

of  my  said  will  [and  also  to  be  a  guardian  of  my  infant  children  after  the 
decease  of  my  said  wife],  in  the  place  of  the  said  C.  D.,  and  I  give  to  the 
said  E.  F.  a  legacy  of  dollars  for  his  trouble  in  acting  as  such  trustee 

and  executor :  And  I  declare  that  my  said  will  shall  be  construed  and  take 
effect  as  if  the  name  of  the  said  E.  F.  were  inserted  in  my  said  will  through- 
out instead  of  the  name  of  the  said  CD.:  And  in  all  otiier  respects  I 
confirm  my  said  will. 

Is  WITNESS  [etc.,  as  in  Form  1337]. 

1342.  Codicil  Appointing  an  Additional  Trustee  and  Executor, 

Codicil  [etc.,  as  in  Form  1340] :     Whereas  by  my  said  will  I  have  ap 
pointed  0.  D.,  of  ,  and  E.  F.,  of  ,  to  be  the  trustees  and  executors 

of  my  said  will  [and  also  to  be  the  guardians  of  my  infant  children  after  the 
decease  of  my  wife] :     Now  I  hereby  appoint  G.  H.,  of  ,  to  be  an 

additional  trustee  and  executor  of  my  said  will  [and  to  be  an  additional 
guardian  of  my  infimt  children  after  the  decease  of  my  said  wife],  and  I 
declare  that  my  said  will  shall  be  read  and  construed  as  if  the  names  of  the 
said  0.  D.,  E.  F.  and  G.  H.,  were  inserted  therein  throughout,  instead  of  the 
names  of  the  said  0.  D.  and  E.  F.,  and  that  all  the  trusts  and  powers  in  and 
by  my  said  will  reposed  in  and  made  exercisable  by  the  said  0.  D.  and  E.  F., 
or  the  survivor  of  them,  or  the  heirs,  executors  or  administrators  of  suet 
survivor,  shall  be  executed  and  exercisable  by  the  said  0.  D.,  E.  F.  and  G.  H., 
or  the  survivors  or  survivor  of  them,  or  the  heirs,  executors  or  administratore 
of  such  survivor :    And  in  all  other  respects  I  confirm  my  said  will. 

In  witness  [etc.,  as  in  Form  1337]. 


688  ABBOTTS'  FORMS. 


Attestation  of  Wills. 


TTI.  Instbuctions  foe  Execution  aocokding  to  the  Law  of  the  various 

States. 

Alabama. 

A  will  should  be  in  writing,  signed  by  the  testator,  or  by  some  person  in  his 
presence  and  by  his  direction,  and  attested  by  at  least  two  witnesses,  who  must 
sabecribe  their  names  thereto  in  the  presence  of  the  te8tator.(^j 


Arkansas. 

The  testator  must  sign  the  will  ait  the  end  of  it,  or  it  must  be  done  by  some 
one  for  him  at  his  request.  There  must  be  two  attesting  witnesses,  either 
present  at  the  signing,  or  to  whom  it  must  be  subsequently  acknowledged  by 
the  testator  or  testatrix,  and  in  either  case  the  testator  or  testatrix  must  state 
that  the  paper  is  his  last  will  and  testament.  The  witnesses  shall  sign  their 
names  as  witnesses,  at  the  end  of  the  will,  at  the  request  of  the  testator. 

If  the  will,  both  in  body  and  signature,  be  wholly  in  the  handwriting  of  the 
testator  or  testatrix,  and  so  proved  to  be,  by  at  least  three  disinterested  wit- 
nesses, there  need  be  no  attesting  witnesses.  But  a  ^vitnessed  will  has  prefer- 
ence over  a  will  not  witnessed,  when  they  come  in  collision.  (7t) 


California. 

A  win  must  be  signed  by  the  testator,  or  by  some  person  in  his  presence, 
and  by  his  express  direction,  and  attested  by  two  or  more  competent  witnesses 
subscribing  their  names  to  the  will,  in  the  presence  of  the  testator  and  in  the 
presence  of  each  other,  (i) 

Connecticut. 

A  will  must  be  subscribed  "  by  the  testator  and  attested  by  three  witnesses, 
all  of  them  subscribing  in  his  presence.'X.?') 


Delaware. 

A  will  must  be  in  writing,  and  signed  by  the  testator,  or  by  some  other  per 
son  in  his  or  her  presence,  and  by  his  or  her  express  directions ;  and  shall  be 
attested  and  subscribed  in  the  presence  of  the  testator,  by  two  or  more  credible 
witnesses. 

Florida. 

A  will  must  be  signed  by  the  testator,  or  by  some  other  person  in  his  or  her 
presence,  and  by  his  or  her  express  directions,  and  attested  and  subscribed  in 
the  presence  of  such  testator  and  testatrix  by  three  or  more  witnesses. 

Georgia. 

A  wiU  must  be  in  writing,  and  signed  by  the  testator  or  by  some  other  per- 
son in  his  presence  and  by  his  express  directions,  and  attested  and  subscribed 
in  the  presence  of  the  testator  by  three  or  four  credible  witnes8e8.(A;) 

(ff)  Code  of  1852,  330,  §  1611.  (j)  Comp.  Stats,  of  1854,  485,  §  2. 

(A)  Rev.  Stat,  of  Arh.,  763,  §  4.  \k)  Hotchhiss'  Stat.,  455,  §  8. 

(i)  The  present  rule  is  like  thot  of 
New  York.     Oiv.  Code,  %  1210. 


WILLS.  6S9 

Attestation. 


Illinois. 

A  will  of  real  or  personal  property  must  be  "  signed  by  the  testator  or  testa- 
trix, or  by  some  person  in  his  or  her  presence,  and  by  his  or  lier  direction,  and 
attested  in  the  presence  of  the  testator  or  testatrix  bj-  two  or  more  credible 
witnesses,  two  of  whom  declaring  on  oath  or  atlirmation,  before  the  court  of 
probate  for  the  proper  county,  that  they  were  present  and  saw  the  testator  or 
testatrix  sign  the  will,  testament  or  codicil  in  their  presence,  or  acknowledged 
the  same  to  be  his  or  her  act  and  deed,  and  that  they  believed  the  testator  or 
testatrix  to  be  of  sound  mind  and  memory  at  the  time  of  signing  or  acknow- 
ledging the  same,  shall  be  sufficient  proof  of  the  execution  of  said  will,"  etc., 
to  admit  it  to  record(^). 

Indiana. 

A  will  must  be  in  writing,  signed  by  the  testator,  or  by  some  one  in  his 
presence,  with  his  consent,  and  attested  and  subscribed  in  his  presence  by  two 
or  more  competent  witnesses  ;  and  if  the  witnesses  are  competent  at  the  time 
of  attesting,  their  subsequent  incompetency  will  not  prevent  the  probate,  ito). 


loTwa. 

A  will  must  be  in  writing,  "  witnessed  by  two  competent  witnesses,  and 
signed  by  the  testator  or  by  some  person  in  his  presence,  and  by  his  express 
direction."(/t) 

Kentucky. 

A  will  must  be  signed  by  the  testator  or  testatrix,  or  by  some  other  person 
in  his  or  her  presence,  and  by  his  or  her  direction ;  and,  moreover,  if  not 
wholly  written  by  himself  or  herself,  by  two  or  more  competent  witnesses, 
subscribing  their  names  in  his  or  her  presence. (o)  There  are  two  modes  of 
framing  a  will — one,  where  it  is  written  by  another  than  the  testator  or  testar 
trix,  in  whole  or  in  part ;  in  which  case  it  must  be  signed  by  him  or  her,  or  by 
his  or  her  direction,  and  in  his  or  her  presence,  and  moreover  be  attested  by 
at  least  two  or  more  competent  witnesses.  In  this  case,  it  is  not  necessary 
that  the  will  should  be  signed  in  the  presence  of  the  witnesses  ;  an  acknow- 
ledgment is  sufficient ;  but  the  witnesses  must  attest  in  the  presence  of  the 
testator  or  testatrix.(p)  The  other  mode  is,  for  the  testator  or  testatrix  to 
write  the  whole  wUl,  from  beginning  to  ending,  signature  as  well  as  the  rest. 
The  handwriting,  in  that  case,  must  be  proved,  when  the  will  is  offered  for 
probate,  in  the  same  manner  as  other  instruments. 

Louisiana.  (^) 

Wills  are  nuncupative  or  oi)en,  mystic  or  olographic.  The  nuncupative  is 
authentic,  or  by  public  act,  or  private.  The  authentic  is  received  by  a  notary 
and  three  witnesses  resident  in  the  parish,  or  by  five  non-residents  of  the  parish. 
The  private  is  executed,  not  before  the  notary,  but  with  five  witnesses  in  the 
parish  or  seven  out.    In  the  county,  three  witnesses  in  the  parish  or  five  resi- 

(l)  Rev.  Stat.,  ch.  110,  §  2.  (p)  Cocliran's  Will,  3  Bibb,  495 ;  Slianks 

(?»)  2  Sev.  Stat,  of  Indiana  (1852),  314,  v.  Christopher,  3  Marsh,  146. 

g  18.  {q)  This  summary  of  the  law  of  Louisi- 

(n)  Ileo.     Laws    of    Iowa  (1860),  407,  ana  on  this  subject  we  take  from  Thorri,- 

§  2313.  ton,  on  Conv.,  270. 

(o)  Bev.  Stat,  of  Ky.,  1852,  694,  §  5. 
44 


690  ABBOTTS'  FORMS. 


Attestation  of  Wills. 


dent  out  of  it  suflSce.  It  must  be  signed  by  the  testator.  If  lie  declare  he 
knows  not  how,  or  is  unable,  express  mention  of  his  declaration,  as  also  the 
cause  that  hinders  him  from  signing,  must  be  made  in  the  act.  In  either 
case,  it  must  be  read  by  the  testator  to  the  witnesses,  or  by  one  of  the  witnesses 
to  the  rest.  The  mystic  will  is  written  by  the  testator,  or  some  otlier  person 
by  his  order,  and  presented  closed  to  a  notary  public  and  seven  wtnesses.  He 
shall  then  declare  to  the  notary,  in  the  i)rcsence  of  the  witnesses,  that  the 
paper  contains  his  will.  The  olographic  will  is  wholly  written,  dated  and 
signed  by  the  testator  If  it  be  sealed  up,  he  ouglit  to  write  on  the  cover, 
"  This  is  my  olographic  will,"  and  subscribe  his  name.  It  requires  no  form, 
and  may  be  made  everywhere,  even  out  of  the  State.  There  should  be  no 
erasures  in  it.  Women,  males  under  sixteen,  blind,  deaf,  dimib,  insane  and 
infamous  persons,  are  incompetent  to  witness  a  will. 


Maine. 

A  will  of  real  or  jjcrsonal  estate  must  be  "  signed  by  him  (the  testator),  or  by 
some  person  for  him,  at  Ms  request  and  in  his  presence,  and  subscribed  in  hik 
presence  by  three  disinterested  and  credible  attesting  witnes8e8."(r) 

Maryland. 

AH  devises  and  bequests  of  any  lands  or  tenements  devisable  by  law,  shall 
be  in  writing,  and  signed  by  the  party  so  devising  the  same,  or  by  some  other 
person  in  his  presence,  and  by  his  express  directions,  and  shall  be  attested  and 
subscribed  in  the  presence  of  the  said  devisor,  by  three  or  four  credible  wit- 
nesses, or  else  they  shall  be  utterly  void  and  of  none  effect.(s) 

Massachusetts. 

A  wiU  of  real  or  personal  estate  must  be  "  signed  by  the  testator,  or  by  some 
other  person  in  liis  presence,  and  by  his  express  direction,  and  attested  and 
subscribed  by  three  or  more  competent  witnesses,  in  the  presence  of  the  testa- 
tor and  of  each  other."(f) 

Michigan. 

A  will  of  real  or  personal  property,  made  within  the  State,  must  be  "  signed 
by  the  testator,  or  by  some  person  in  his  presence,  and  by  his  express  direction, 
and  attested  and  subscribed,  in  the  presence  of  the  testator,  by  two  or  more 
competent  witnesses."(«) 

Minnesota. 

Wills  made  within  the  State  must  be  "  signed  by  the  testator,  or  by  some 
person  in  his  presence,  and  by  his  express  direction,  and  attested  and  sub- 
scribed, in  the  presence  of  the  testator,  by  two  or  more  competent  witnesses. "(t") 


Mississippi. 

A  will  must  be  "  signed  by  the  testator  or  testatrix,  or  by  some  other  per 
son  in  bis  or  her  presence,  and  by  his  or  her  express  directions  ;  and  moreover, 

(r)  Rev.  Stat.  (1857),  453,  §  1.  cording  to  the  laws  of  the  place  where 

(«)  Vol.  L,  Maryland  Code,  685,  §  301.  made.     lb.,  §  8. 

\t)  Rev.  i>tat.   (1860),  476,   §  6.     Wills  (w)  CWwp.  Z.  o/"1857,  864,  §5. 

made  out  of  the  State  may  be  made  ac-  (»)  Pub.  Stat.  (1858),  426,  §  6. 


WILLS.  691 

Attestation. 


if  not  wholly  written  and  subscribed  by  himself  or  herself,  be  attested  by  three 
credible  witnesses,  in  the  case  of  the  devise  of  real  estate,  and  one  or  more 
credible  witnesses  in  case  of  the  devise  of  goods  and  chattels,  and  personal 
estate,  in  presence  of  the  testator. "('w) 


Missouri. 

A  will  must  be  "  signed  by  the  testator,  or  by  some  person,  by  his  direction, 
in  his  presence ;  and  shall  be  attested  by  two  or  more  competent  witnesses 
subscribing  their  names  to  the  will  in  the  presence  of  the  testator."(a;) 


New  Hampshire. 

A  will  of  real  or  personal  estate  must  be  "  signed  and  sealed  by  the  testator, 
or  by  some  person  in  his  presence,  and  by  his  express  direction,  and  attested 
and  subscribed,  in  his  presence,  by  three  or  more  credible  witnesses.'Xj') 


New  Jersey. 

A  will  must  be  "  signed  by  the  testator,  which  signature  shall  be  made  by 
the  testator,  or  the  making  thereof  shall  be  acknowledged  by  him,  and  such 
writing  declared  to  be  his  last  will,  in  the  presence  of  two  witnesses  present  at 
the  same  time,  who  shall  subscribe  their  names  thereto  as  witnesses,  in  the 
presence  of  the  testator."(s) 

New^  York. 

A  will  must  be  executed  and  attested  in  the  following  manner  :{a) 

1.  It  shall  be  subscribed  by  the  testator  at  the  end  of  the  will. 

This  subscription  of  the  testator  must  be  at  the  end  of  the  will.  Additional 
matter  cannot  be  added  after  the  signature  and  before  the  attestation  of  the 
witnesses.(&) 

But  it  is  competent  to  annex  an  instrument  referred  to  in  the  will  as  an- 
nexed, and  such  instrument  aaIU  be  deemed  incorporated  in  the  will  without 
being  also  subscribed  by  the  testator.(c) 

2.  Such  subscription  shall  be  made  by  the  testator,  in  the  presence  of  each 
of  the  attesting  witnesses,  or  shall  be  acknowledged  by  him  to  have  been  so 
made,  to  each  of  the  attesting  witnesses. 

The  testator's  subscription,  however,  need  not  be  literally  by  his  own  hand , 
It  may  be  written  by  another  person  in  his  presence,  and  by  his  express  direc- 
tion,(d)  and  the  omission  of  such  other  person  to  add  his  own  name,  does  not 
avoid  the  will.(«) 

■  (w)  Bev.  Code  (1857),  432,  Art.  34.  (a)  2   Bev.  Stat,  of  N.   Y.,  64,    §§  40, 

(x)  2  Rev.  Stat.  (1855),  1567,  §4.  41. 

{y)  Comp.  Stat.,  1853,  400,   §  9,  as   to  {b)  McGuire  •».  Kerr,  2  Brad/.,  244. 

real  estate.     The  same  rule  is  applied  to  (c)  Toiuiele  v.  Hall,  i  JV.  Z.  (4  Uomst.), 

wills  of  personal  estate,  by  Laws  of  1848,  140;  affirming  S.  C,  5  iV.  Y.  Leg.   Obs., 

ch.  726,  with  a  proviso  .saving  nnncupa-  254;    Thompson    v.  Quimby,   2  Bradf., 

live  wills.  449. 

(z)  Pamp.  L.  of  \%:A,'i\^\  NlxorCs  Dig.,  (rf)  Robins  v.  Coryell,  27  Barb.,  55^;; 

1861,  917.     As  to  the  previous  statute  in  Campbell  v.  Logan,  2  Bradf.,  90. 

Kew  Jersey,  and  the  construction  of  it,  (e)  Hollenbeck    v.  Van  Valkenbnrgli. 

compare  Compton  v.  Mitton,  7  HaUi.,  70;  5  How.  Fr.,  281. 
and  Michle  v.  Matlack,  2  Harr.,  86. 


692  ABBOTTS'  FORMS. 


Attestation  of  Wills. 


If  the  testator  docs  not  sabscribe  in  the  witnesses'  presence,  then  the  signature 
must  })e  shown  to  them,  and  identified  and  recognized  by  liim,  and  in  some 
apt  and  proper  manner  acknowledged  by  him  as  his  signature.(/) 

3.  The  testator  at  the  time  of  making  such  subscription,  or  at  the  time  of 
acknowledging  the  same,  shall  declare  the  instrument  so  subscrib<Hi,  to  be  his 
last  will  and  testament. 

Tliis  declaration  is  called  the  publication  of  the  will.  It  is  not  enough  to 
acknowledge  the  signature,  but  he  must  make  known  to  the  witnesses  the 
testamentary  character  of  the  paper,  and  that  he  intends  it  to  have  effect  as  his 
will. 

This  declaration  is  not  required  to  be  in  words,  nor  in  any  particular  form. 
But  he  must  personally  make  the  fact  of  his  own  understanding  and  intention 
kno^^^]  to  them  at  the  time,  by  such  express  words  or  signs  as  could  leave  no 
doubt  in  their  minds.(^) 

The  declaration  must  be  in  the  presence  of  both  witnesses.(7< ) 

These  acknowledgments  and  declarations  need  not  be  in  any  particular  form. 
They  may  be  by  inquiry  addressed  by  the  attendant  to  the  testator,  and  his 
atErmative  response ;  they  may  be  made  in  one  sentence  or  separately  ;  but  it 
is  the  better  practice  to  have  them  distinctly  made,  and  so  stated  in  the  attesta- 
tion that  the  witnesses  shall  be  distinctly  conscious  that  the  acts  stated  were 
orderly  performed. 

4.  There  shall  be  at  least  two  attesting  witnesses,  each  of  whom  shall  sign 
his  name  as  a  witness,  at  the  end  of  the  will,  at  the  request  of  the  testator. 

It  is  not  necessary  that  the  witnesses  should  subscribe  in  the  presence  of 
each  other.  It  is  suflBcient  that  each  witness  subscribes  in  the  presence  and  at 
the  request  of  the  testator,  although  they  do  so  severally  and  apart  as  respects 
each  other.(i) 

The  witnesses  to  any  will  shall  write  opposite  to  their  names  their  respective 
places  of  residence  ;  and  every  person  who  shall  sign  the  testator's  name  to  any 
will  by  his  direction,  shall  write  his  own  name  as  a  witness  to  the  will.  Who- 
ever shall  neglect  to  comply  with  either  of  tlu^e  provisions  shall  forfeit  fifty 
dollars,  to  be  recovered  by  anj'  person  interested  in  the  property  devised  or  be- 
queathed who  wiU  sue  for  the  same.  Such  omission  shall  not  affect  the  validity 
of  any  wiU :  nor  shall  any  person  liable  to  the  penalty  aforesaid  be  excused  or 
incapacitated  on  that  account  from  testifving  respecting  the  execution  of  such 
will. 

North  Carolina. 

No  last  will  or  testament  shall  be  good  or  sufficient,  in  law  or  equity,  to 
convey  or  give  any  estate,  real  or  personal,  unless  such  last  will  shall  have 
been  wTitten  in  the  testator's  lifetime,  and  signed  by  him,  or  by  some  other 
person  in  his  presence  and  by  his  direction,  and  subscribed  in  his  presence  by 
two  witnesses  at  least,  no  one  of  whom  shall  be  interested  in  the  devise  or  be- 
quest of  the  said  estate.  Or,  unless  such  last  will  and  testament  be  found 
among  the  valuable,  papers  and  effects  of  any  deceased  person,  or  shall  have 
been  lodged  in  the  hands  of  any  person  for  safe  keeping,  and  the  same  shall 
be  in  the  handwriting  of  such  deceased  person,  with  his  name  subscribed 
thereto,  or  inserted,  in  some  part  of  such  will  ;  and  if  such  handwriting  shall 
be  proved  by  three  credible  witnesses,  who  verily  believe  such  will  and  every 

(/)  Lewis  V.  Lewis,  11  iV.  Y.  (1  Kern.),  Beers,  2  L'radf.,  163;  Campbell  v.  Logan, 

220;  aflirniing  S.  C,  18  Barb.,  17.  Jb.,  90;  Brown  v.  De  Selding,  4  Sand/., 

(g)  Remseii   v.  Briiikerhoff,  26  Wend.,  10. 

825 ;  affirming  S.  C,  8  Paifff,  4SS  ;  Torry  (A)  Seymour  v.  Van  Wyck,  6  Jf.  7.  (2 

V.   Bowden,   15   £ark,  .304;    Burritt  v.  Seld.),  120;    Tyler  v.  Mapes,  19  Barb., 

Silliman,  16  Jb.,  198;   Nipper  v.  Groes-  44S. 

deck,  22  lb.,  670  .  Choffee  v.  Baptist  Mis-  (i)  Hoysradt  v.  Kingman,  22  xT.  Y.,  872 
sioiiary  Convention,  10  Paige,  55  ;  Exp.  v. 


WILLS.  693 

Attestation. 


part  thereof  is  in  the  handwriting  of  the  person  whose  will  it  appears  to  be, 
then  such  will  shall  be  sufficient  to  give  and  convey  real  and  personal  estate.(  J) 

Ohio. 

Every  last  will  and  testament  shall  be  in  writing,  and  signed  at  the  end 
thereof  by  the  party  making  the  same,  or  by  some  other  person  in  his  presence 
and  by  his  express  direction,  and  shall  be  attested  and  subscribed  in  the  pres- 
ence of  such  party,  by  two  or  more  competent  witnesses,  who  saw  the  testator 
subscribe,  or  heard  him  acknowledge  the  same.  But  it  is  not  necessary  that 
'he  witnesses  should  both  attest  in  the  presence  of  each  other.(A;) 


Oregon. 

A  will  must  be  "  signed  by  the  testator,  or  some  other  person  under  hia 
direction,  in  his  presence,  and  shall  be  attested  by  two  or  more  competent  wit- 
nesses, subscribing  their  names  to  the  will  in  the  presence  of  the  testator. 

"  Every  person  who  shall  sign  the  testator's  name  to  any  will  by  his  direc- 
tion shall  subscribe  his  own  name  as  a  witness  to  such  will,  and  state  that  he 
subscribed  the  testator's  name  at  his  request."(^) 


Pennsylvania. 

A  will  must  be  "  signed  by  the  testator  (unless  prevented  by  extreme  sick- 
ness) at  the  end  of  it,  or  by  some  person  in  his  presence,  and  by  his  express 
direction,  and  in  all  cases  shall  be  i)roved  by  the  oaths  or  atfirmations  of  two 
or  more  competent  witnesses.'Xm) 


Rhode  Island. 

A  will  of  real  or  personal  property  "  shall  be  signed  by  the  party  devising 
the  same,  or  by  some  person  in  his  presence,  and  by  his  express  direction,  and 
shall  be  attested  and  subscribed  in  the  presence  of  the  devisor  by  three  or 
more  witnesses."(rt) 

South  Carolina. 

A  will  should  be  in  writing,  signed  by  the  testator,  or  some  other  person  in 
his  presence,  and  by  his  express  direction,  and  attested  and  subscribed  by  three 
credible  witnesses  in  the  presence  of  the  testator.(o) 


Tennessee. 

No  last  will  or  testament  shaU  be  good  or  sufficient,  either  in  law  or  equity, 
to  convey  or  give  any  estate  in  lands,  tenements  or  hereditaments,  unless  such 
last  ■will  shall  have  been  written  in  the  testator's  lifetime,  and  signed  by  him 
or  some  other  person  in  his  presence  and  by  his  direction,  and  subscribed  in 
his  presence  by  two  witnesses  at  least,  no  one  of  which  shaJl  be  interested  in 
the  devise  of  the  said  lands,  ip) 


U)  Rev.  Code  ofN.  6'.,  606,  §  1.  (wi)  Pard.  Dig.  (1862),  1016,  §  6. 

{k)  2  Rev.  Stat,  of  Ohio,  cli.  128,  §  2,  p.  (»)  Rev.  Stat.  (1857),  356,  §§  4,  6. 

1616;  Eandehaught'.  Shelley,  fi  Ohio  St..,  307.  \o)  Thornt.  on  Conv.,  476. 

{I)  Stat,  of  Oregon  (1855),  884,  §§  4,  5,  (p)  Thornt.  on  Conv.,  497. 


694  ABBOTTS'  FORMS. 


Attestation  of  Wills. 


Texas. 

A  will  should  be  signed  by  the  testator,  or  by  some  other  person  in  his  or 
her  presence,  and  by  his  or  her  direction  ;  and  moreover,  if  not  wholly  written 
by  himself  or  herself,  be  attested  by  two  or  more  credible  witnesses  above  the 
age  of  fourteen  years,  subscribing  their  names  in  his  or  her  presence. 


Vermont. 

A  will  of  real  or  personal  estate  must  be  "  signed  by  the  testator,  or  by 
some  other  person  in  liis  presence,  and  by  his  express  direction,  and  attested 
and  subscribed  by  three  or  more  credible  witnesses,  in  the  presence  of  the  tes- 
tator and  of  each  other."(g') 

Virginia. 

No  will  shall  be  valid  unless  it  be  in  writing  and  signed  by  the  testator,  or 
by  some  other  person  in  his  presence  and  by  his  direction,  in  such  manner  as 
to  make  it  manifest  that  the  name  is  intended  as  a  signature  ;  and  moreover, 
unless  it  be  wholly  written  by  the  testator,  the  signature  shall  be  made  or  the 
will  acknowledged  by  him  in  the  presence  of  at  least  two  competent  witnesses 
present  at  the  same  time  ;  and  such  witnesses  shall  subscribe  the  will  in  the 
presence  of  the  testator,  but  no  form  of  attestation  shall  be  necessary.(r) 


■Wisconsin. 

A  will  of  real  or  personal  property  made  within  the  State  must  be  "  signed 
by  the  testator,  or  by  some  person  in  his  presence  and  by  his  express  direction, 
and  attested  and  subscribed  in  the  presence  of  the  testator  by  two  or  vhotq 
competent  witnesses."(«) 

(q)  Gen.  Stat.  (1863),  877,  §  6.  («)  Set.  Stat.  (1858),  ?77,  §  5. 

(r)  Oode  of  Virginia,  516,  §  4. 


INDEX  = 


[TJie  references  are  to  the  page.    For  a  list  of  the  forms,  in  the  order  of  the 
subjects  to  which  they  pertain,  see  the  Contents  prefixed  to  the  volume.] 


Abandonment,  in  insurance,  2. 

Abstracts  of  title,  5. 

Acceptance  of  assignment  in  trust,  139. 

Of  bill  of  exchange,  100. 
Accounts  of  liighway  officers,  446. 
Acknowt.edgment  and  proof  of  deeds,  20. 

Of  bill  of  sale,  167. 

Of  bond  of  auctioneer,  146. 

Of  contract  to  bind  a  minor,  256. 
Address  of  clerk  to  prisoner  at  the  bar,  244. 
Advertisement  of  dissolution  of  partnership,  574. 
Affidavits,  81. 

In  bastardy  cases,  151. 

In  the  case  of  imprisoned  debtors,  467,  468,  469,  471. 

Of  forcible  entry,  507. 

Of  personal  service,  647. 

Of  a  petitioning  creditor,  486 

Of  posting  notice,  450. 

Of  resident  alien,  to  enable  him  to  hold  real  property,  559. 

Of  service  of  subpoena,  65. 

Of  service  of  award,  108. 

Of  sufficiency  of  sureties,  213,  408,  431. 

By  pre-emption  claimant,  619. 

To  procure  arrest  and  extradition,  413. 

To  be  affixed  to  mortgages  and  bills  of  sale  in  Maryland,  43. 

To  proxy,  2t)5. 

To  submission  to  arbitration,  107. 

To  award,  108. 

In  proceedings  by  landlord  and  tenant,  503,  507. 

To  unclaimed  bank  dividends  or  deposits,  149. 

On  application  in  bastardy  cases,  151. 

Of  service  of  notice  of  application  for  ferry  license,  418. 

In  foreclosure,  424. 

To  application  for  homestead,  461. 

AlTFIRMATION,  561. 

Of  witness  in  acknowledgment  and  proof  of  deeds,  20,  21. 

Of  witness  on  a  trial,  248. 
Agreements,  see  Contracts. 

As  to  damages  for  laying  out  highway,  451. 

By  a  father,  for  the  fidelity  of  an  apprentice,  90. 

Of  submission  to  arbitrators,  101. 

For  sale  and  purchase  of  personal  property,  &c.,  275,  277,  283. 
Ante-nuptial  settlement,  539. 
Api'eal  from  assessment  in  highway  cases,  442,  448. 
Application  in  bastardy  cases,  150. 

For  liquor  license,  408,  410. 

Of  superintendent  in  bastardy  cases,  150. 


696  ABBOTTS'  FORMS. 

To  compel  a  person  to  support  a  poor  relative,  601. 

To  lay  out,  alter,  or  discontinue  highways,  448. 

To  secure  a  liomestead,  461. 

For  a  private  road,  620. 

For  arrears  of  pay  and  bounty,  111. 

For  bounty  land,  215. 

For  pensions  and  prize-money,  593. 

For  ferry  license,  418. 

For  pensions,  593. 

For  prize-money,  598. 
Appointments,  83. 

Of  an  inspector  of  elections,  667. 

Of  committee  of  inquiry  as  to  a  person's  sanity,  476. 

Of  oflBcers  of  highways,  438. 

Of  trustees  for  imprisoned  debtors,  471. 
Appraisement  of  damage  by  fence-viewers,  416. 
Apprentices,  88. 

Bonds  relating  to,  200. 
Approval  of  bond  of  auctioneer,  145  ;  of  highway  commissioners,  489. 

Of  assignment  of  insurance  policy,  123 ;  of  assignment  in  trust,  144. 
Arbitration  and  award,  96. 

Stipulations  for  in  partnership  articles,  572. 
Army  pensions,  593. 
Arraignment  of  a  person  indicted,  244. 
Arrears  of  pay  and  bounty,  111. 
Articles  of  association  of  turnpike  companies,  671. 

Of  copartnership,  565,  567. 

Of  separation  of  husband  and  wife,  465. 
Assessment  of  highway  labor,  taxes  and  damages,  440. 
Assign^ments,  116. 

In  trust  for  creditors,  137. 

By  imprisoned  debtors,  470. 

Of  dower,  383. 
Attachment  against  a  witness  not  appearing  on  a  coroner's  inquest,  290. 
Attestation  of  deed  in  which  are  erasures,  etc.,  343. 

Of  wiUs,  686. 
Auctions,  145.  • 

Authentic  act  of  sale  and  wife's  renunciation  in  Louisiana,  40. 
Authentication  of  certificate  of  acknowledgment,  28,  48,  68. 
Awards,  103-106. 
Banks,  149. 

Cashier's  bonds,  204. 
Bastardy,  150. 
Bequests,  679. 
Bills  op  exchange,  159. 
Bills  of  lading,  161. 
Bills  op  sale,  163. 
Bonds,  173. 

In  bastardy  cases,  152,  156. 

Of  arbitration,  100. 

Of  assignee  in  trust  for  creditors,  144. 

Of  auctioneer,  145.     • 

Of  licensed  innkeeper  or  dealer  in  liquors,  408,  411. 

Of  highway  commissioners,  438. 

Of  collector  of  taxes,  664. 

Of  guardian,  431. 
Bottomry  bonds,  186. 
Bounty  lands,  215. 


INDEX.  6<^7 


Caveat,  587. 
Certificates,  219. 

By  fence-viewers,  407,  417. 

By  justice,  to  indentures  of  apprenticesMp,  89. 

Of  application  for  bounty  land,  216. 

Of  clerk  to  be  annexed  to  acknowledgment,  31,  37,  67. 

Of  character  of  applicant  for  license,  408. 

Of  citizenship,  559. 

Of  discharge  in  bastardy  cases,  153. 

Of  election  of  justice  of  the  peace,  499. 

Of  incorporation  of  manufacturing  companies,  536. 

Of  mining  and  oU  companies,  543,  544. 

Of  incorporation  of  religious  society,  686. 

Of  limited  partnership,  575,  576. 

Of  marriage,  538. 

Of  necessity  of  highway,  450. 

Of  necessity  of  private  road,  620. 

Of  protest,  623. 

Of  renting  and  hiring,  409. 

Of  service,  647. 

Of  stock  in  corporation,  293. 

Of  sufficiency  of  sureties  in  bond,  213. 

To  copy  of  auctioneers'  bond,  146. 
Charter  parties,  221. 
Chattel  mortgages,  227. 
Clerks  and  criers,  242. 
Codicils,  686. 

Collateral  bond,  182, 183. 
Commission  of  inquiry  as  to  sanity,  477. 
Commitment  of  apprentice,  91,  92. 

Of  disorderly  persons,  etc.,  401,  402. 

Of  witness  of  deed  refusing  to  testify,  6m, 

Under  extradition  treaty,  414. 
Complaint  against  apprentice,  91,  92. 

Against  disorderly  persons,  etc.,  399. 

By  apprentice,  93. 

For  refusal  to  work  on  the  highway,  443. 

For  forcible  entry,  507. 

Of  overseer's  neglect  of  duty,  447. 

Of  wife  of  habitual  drunkard,  434. 
Composition  with  creditors,  304,  306. 
Confirmation  of  attorney's  act,  614. 
Consent  to  apprenticeship,  89,  90. 

To  assignment  of  insurance  policy,  130. 

To  assignment ;  adapted  to  a  special  case,  121. 

To  exercise  of  power  of  appointment,  85. 

To  serve  as  guardian,  430,  433. 
Contracts,  254. 
Coroners,  289. 
Corporations,  292. 
coitpons,  181. 
Covenants,  295,  301. 

In  deeds,  316. 

In  leases,  522,  531. 

In  mortgages,  555,  556. 

To  account  for  proceeds  of  collateral  securities. 
Cxjstom-hol'se  power,  613. 
Debtor  and  creditor,  303. 
Declaration  of  delivery  annexed  to  bill  of  sale,  165. 

Of  intention  to  bo  naturalized,  557. 


093  ABBOTTS'  FORMS. 

Of  trusts,  670. 

To  bar  dower,  in  Indiana,  of  wife  under  age,  37. 

For  arrears  of  pay  and  bounty.  111. 

For  bounty  land,  215. 

For  pensions  and  prize  money,  593. 

Deeds,  310. 

Securing  exemption  of  liomestead,  463. 
Defeasances,  397. 

Deposition  to  be  used  in  contested  cases  in  the  Patent  Office,  588. 
Devises,  683. 
Discharge  of  apprentice  from  service,  92,  93. 

Of  imprisoned  debtors,  470. 

Of  insolvent,  491. 
Disclaimer  by  an  assignee,  586. 
Disorderly  persons,  399. 
Dispossession  proceedings,  502. 
Dower,  403. 

Elections  in  corporations,  294. 
Encroachments  on  highways,  458. 
Entries,  at  custom-house,  406. 

By  clerks  and  criers,  243,  249. 

Of  public  lands  for  homesteads,  461. 

Of  verdicts,  etc.,  250. 

Estrats,  407. 

Examination,  before  coroner's  jury,  290. 

Of  disorderly  persons,  etc.,  399. 
Excise,  408. 
Execution  against  drunkard  or  overseers  of  the  poor,  435. 

Of  wills,  688. 
Exemption  of  homesteads,  46Cv 
Extension  of  protests,  625,  626. 
Extradition,  413. 
Fences  and  fence- viewers,  415. 
Ferries,  418. 

Finding  of  the  triers  on  challenge  of  a  juror,  245. 
Forcible  entry  and  detainer,  507. 
Foreclosure,  423. 
Gifts,  427. 

Deed  of,  374. 
Grant  of  easement,  380. 
Ground  lease,  525. 
Guaranties,  428. 
Guardian  and  ward,  430. 

Consent  to  apprenticeship,  90. 
Habitual  drunkards,  434. 
Highways,  438. 
Homesteads,  461. 
Husband  and  wipe,  465. 
Income  tax,  473. 
Indenture,  333. 

Of  apprenticeship,  88,  90. 

Of  lease,  515. 
Indorsements  on  bill  of  exchange,  160. 
Imprisoned  debtors,  467. 

Information  of  lunacy,  before  justices  of  the  peace,  482. 
Inquisition,  290. 


IOT)EX.  609 

Insane  persons,  476. 
Insolvency,  485. 
Insurance,  494, 
Interest,  498. 

Inventory  of  assets  of  insolvent,  487. 
Of  assigned  estate,  142. 

Judgment  on  award,  109. 

Justices  op  the  peace,  499. 

Justification  of  sureties  of  applicant  for  license,  408. 

Landlord  and  tenant,  501. 

Leases,  509. 

Legacies,  G78. 

Legislation,  533. 

Letters  of  credit,  534. 

Of  guardiansMp,  431. 

Of  license,  303,  305. 

Licenses,  535. 

Of  marriage,  538. 

For  a  ferry,  418. 

To  sell  liquors,  408,  411. 

Limited  partnership,  575. 
Manifests  of  cargoes,  406. 
Manufacturing  companies,  536. 
Marine  protests,  625. 

SIaRRIAGE  and  M.VRRIAGE  SETTLEMENTS.  538. 

SIaster  in  chancery's  deed,  359. 

Mechanics'  lien,  541. 

Memorandum  of  dissolution  indorsed  on  partnership  articles,  574 

Of  sale  by  auction,  148. 

Of  sale  under  chattel  mortgage,  240. 
Mining  and  oil  companies,  542. 
Mining  lease,  520. 
Mortgages,  547. 

Of  chattels,  227. 

Of  a  vessel,  237. 

Naturalization,  557. 

Navy  pensions,  597. 

Negotiable  bond  of  corporation,  179. 

Notaries,  560. 

Notation  of  protest,  625. 

Notes,  621,  622. 

Notices,  560. 

By  landlord  and  tenant,  501,  502. 

Forbidding  sale  to  habitual  drunkard,  435 

In  foreclosure,  424,  426. 

Of  adverse  claim,  read  at  a  sale,  to  warn  purchasers,  240. 

Of  appeal  from  order  of  filiation,  158. 

Of  application  for  additional  appropriation,  447. 

Of  application  for  dower,  &c.,  404. 

Of  ap]3lication  to  legislature,  533. 

Of  application  for  judgment  on  award,  109. 

Of  auctioneer's  bond,  146. 

Of  appointment  of  commissioners  of  highways,  453. 

Of  district  school  meeting,  642. 

Of  design  to  hold  homestead  exempt,  463. 

Of  drawing  a  jury,  252. 

Of  foreclosure  sale,  423.  /  / 


VOO  ABBOTTS'  FOKMS. 

To  arbitrators,  of  tlieir  appointment,  101. 

Of  hearing  of  arbitration,  for  adverse  party,  101. 

Of  levy  and  sale  by  tlie  collector,  644. 

Of  loss,  to  insurance  companies,  494. 

Of  mechanics'  lien,  541. 

Of  non-resident's  lands  assessed,  442. 

Of  protests,  624. 

Of  sale  of  estrays,  407. 

Of  sale  under  cliattel  mortgage,  239. 

Of  wish  to  remove  fence,  410. 

To  commissioners,  of  appeal  of  non-resident,  443. 

To  debtor,  of  finding  as  to  homestead  value,  464. 

To  occupant  of  land,  of  proceedings  to  lay  out  highway,  450. 

To  overseers  of  the  poor,  designating  habitual  drunkard,  435. 

To  pay  school  taxes,  644. 

Oaths,  561. 

By  applicants  for  patents,  582-586. 

Of  applicant  for  naturalization,  558. 

Of  applicant  for  subpoena  on  arbitration,  107 

Of  arbitrators,  107.  • 

Of  assessors  of  taxes,  663. 

Of  auctioneers,  etc.,  146. 

Of  commissioners  in  dower,  405. 

Of  commissioners  of  highways,  453. 

Of  foreman,  and  other  jurors,  on  coroner's  inquest,  289. 

Of  witness  on  the  same,  290. 

Of  freeholders,  450. 

Of  grand-jurors,  242,  243. 

Of  jurors  and  triers,  244^247. 

Of  witnesses,  453. 

Of  witnesses  in  acknowledgment  and  proof  of  deeds,  20,  21 

Of  witnesses  on  trials  by  jury,  247-249 

Of  interpreter,  249. 

Of  constable,  249. 

Of  witnesses  on  arbitration,  102. 

On  the  voire  dire,  248. 

To  identity  of  applicant  for  bounty  land,  216. 

Oil  companies,  542. 

Ordek  dividing  a  town  into  road  districts,  439. 
Confirming  award,  109. 

For  a  commission  of  inquiry  as  to  insanity,  477. 
For  admeasuring  dower,  405. 
For  appointment  of  guardian,  404. 
In  proceedings  relative  to  highways,  448. 
In  the  case  of  imprisoned  debtors,  467,  470. 
Of  filiation,  154,  157. 

Patents,  578. 

Partition  deed,  371. 

Partnership,  565. 

Pensions,  593. 

Permit  to  remove  fence,  by  fence-Ariewers,  416. 

Petitions,  600. 

By  a  creditor  of  an  imprisoned  debtor,  467. 

For  a  commission  of  inquiry  as  to  a  person's  insanity,  476. 

For  a  patent,  578. 

For  appointment  of  guardian,  404,  430, 

For  discharge  of  insolvent,  485. 

For  enactment  of  a  law,  533. 

For  subpoena  to  compel  a  subscribing  witness  to  prove  the  execution  of 
a  conveyance,  64. 

That  assignee  in  trust  account,  143 


INDEX.  701 

For  dower,  403. 

For  liquor  license,  408-410. 
Polling  jury,  246-247. 
Poor  laws,  601. 
Powers  in  wills,  684. 

To  transfer  stock  or  collect  dividends,  393.  » 

Powers  ok  attorney,  606. 
Pre-emption,  619. 

Preliminary  proofs  of  loss,  495.  ^ 

Private  ways,  620. 
Prize  money,  597. 

Proceedings  to  compel  assignments  by  imprisoned  debtors,  467. 
Proclamation  by  clerks  and  criers,  243-249. 
Promissory  notes,  631. 
Proof,  of  deeds,  20. 

Of  los.s,  495. 

Of  service,  647. 

Of  signatures  to  petition,  410. 

Of  residence,  and  good  behavior  of  applicant  for  naturalization,  558. 

Protests,  633. 

Proxy,  394. 

Quit-claim  deed,  320,  334. 

Rate  bills  for  sums  to  be  paid  by  tbe  inhabitants  of  school  district,  643. 

Eeceipts,  628. 

Recognizances,  631. 

Of  applicant  for  ferry  license,  419. 

Of  disoi'derly  persons,  etc.,  400. 

Record  of  conviction,  401. 

Referee's  deed  on  foreclosure,  362  ;  in  partition,  363. 

Releases,  633. 

Of  damages,  453. 

Of  dower,  384-385. 

Of  rents,  386,  389. 

Religious  corporations,  636. 

Remonstrance  against  a  pending  biU,  533. 

Renewal  lease,  539. 

Report  of  commissioners  for  admeasuring  dower,  405. 

Of  religious  corporation,  638. 
Reservation  of  a  power  to  revoke,  and  appoint  anew,  86. 

Of  ground  for  streets,  in  a  deed,  381. 
Respondentia  bond,  188. 
Return  of  constable,  444. 

Of  taxable  income,  473. 

Of  overseer  of  the  poor,  603. 

Revocation  of  power  of  attorney,  615. 
SaTISF ACTION-PIECES,  640,  041. 
Schedule  annexed  to  bill  of  sale,  164. 

Annexed  to  chattel  mortgage,  230. 

Of  insolvent's  debts,  487. 

Of  property  insured,  and  appraisal,  497. 
Schools,  643. 
Seals,  644. 
Searches,  645. 
Security  for  costs  of  prosecuting  complaint  ia  justice's  court.  447. 

For  rent,  510,  513. 


702  ABBOTTS'  FORMS. 

Service,  and  proof  of,  647. 
Sheriff's  deed,  361. 

Bond,  212. 
Shipping  articles,  649. 
Special  partnership,  575. 
Special  stipulations  in  contracts,  284. 
Stamps,  652. 
Stock  note,  622. 
Stock  of  corporations,  292. 
Submission  to  arbitration,  96-101, 106. 
SUBPtENA  in  bastardy  cases,  154. 

For  witnesses  for  coroner's  inquest,  389. 

To  appear  before  arbitrators,  107. 

To  witness  to  prove  deed,  64. 
Subscription  papers,  660, 

For  stock  in  corporation,  293. 
Substitution  of  attorney,  615. 
Summons  in  bastardy  cases,  158. 

On  a  complaint  made  by  an  apprentice,  93. 

To  an  assignee,  in  trust  for  creditors,  145. 

Upon  complaint  for  refusal  to  work  on  the  highway,  443. 
Supervisors,  662, 

Surrender  of  a  patent  for  reissue,  586. 
Tables  of  interest,  498. 
Taxes,  643,  663. 
Terms  of  sale,  148,  239. 
Towns,  666. 
Trusts,  670. 
Trust-deed,  320,  394. 
Turnpike  companies,  671. 
Under-lease,  535. 
Vagrants,  399. 
Verdicts,  246,  250. 
Verification  of  a  petition  for  a  subpoena,  64 

Of  mechanic's  lien,  541. 

Of  petition  for  appointment  of  guardian,  433. 

Of  petition  for  dower,  403. 

Of  complaint  against  apprentice,  91. 
Waiver  of  exemption  of  homestead,  463. 
Warrants,  674. 

In  bastardy  cases,  151,  154,  156. 

In  proceedings  by  landlord  against  tenant,  505-507. 

Of  coroner,  for  arrest,  291. 

For  collection  of  fine,  444. 

For  collection  of  taxes,  664. 

On  complaint  against  apprentice,  91,  92. 

To  arrest  disorderly  persons,  etc.,  399. 

To  attach  witness  not  appearing  to  prove  deed,  65. 

To  produce  an  alleged  insane  person,  479. 

To  seize  the  goods  of  an  absconding  father,  husband  or  mother,  603. 

Under  extradition  treaty,  413,  414. 
Warranty  deed,  318. 
Wills,  676. 

Appointing  guardian,  83. 

Appointing  estate  pursuant  to  power,  84. 


lAW  LIBRARY        ^^  <S>^ 

USrVVJl^lTY  OF  CALIFORNt* 
LOS  ANGELES 


